Document ID: chunk:federal_register_of_legislation:C2024C00587:section:417
Version: federal_register_of_legislation:C2024C00587
Segment Type: section
Provision Reference: s 417
Character Range: 554012–555260

417  Application of section 418
 (1) Section 418 applies if:
 (a) a person (the incapacitated person) ceases his or her employment; and
 (b) the incapacitated person is or might be entitled to either or both a pension or a lump sum under a Commonwealth superannuation scheme; and
 (c) subsection (2) applies to the incapacitated person.
 (2) This subsection applies to the incapacitated person if:
 (a) without limiting paragraph (b):
 (i) the Commission made a determination in relation to the incapacitated person under section 89B or 126A; and
 (ii) the determination has been revoked; and
 (iii) the incapacitated person has begun to receive or has received a benefit under a Commonwealth superannuation scheme; or
 (b) the Commission is of the opinion that it might pay, or might have paid, more compensation under Part 3, 4 or 5 of Chapter 4 to the incapacitated person than he or she is entitled to receive because of:
 (i) Division 7 of Part 3 of Chapter 4 (compensation where a Commonwealth superannuation benefit is received); or
 (ii) Subdivision D of Division 2 of Part 4 of Chapter 4 (compensation where a Commonwealth superannuation benefit is received); or
 (iii) section 204 (reduction in rate of Special Rate Disability Pension).