Document ID: chunk:federal_register_of_legislation:C2004A00927:clause:1_1185l
Version: federal_register_of_legislation:C2004A00927
Segment Type: clause
Provision Reference: sch 1 cl 1185L
Character Range: 5367–6471

1185L  Ex gratia payments

 (1) If:
 (a) apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and
 (b) the amount would not have become payable if Divisions 1 to 5 of this Part had not been amended by the Social Security and Veterans' Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and
 (c) the person has been paid an ex gratia payment from the Commonwealth in respect of that period;
the amount mentioned in paragraph (a) is not payable to the person.

 (2) If:
 (a) apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and
 (b) the amount exceeds the amount that would have been payable if Divisions 1 to 5 of this Part had not been amended by the Social Security and Veterans' Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and
 (c) the person has been paid an ex gratia payment from the Commonwealth in respect of that period;
the amount mentioned in paragraph (a) is reduced by the amount of the excess.