Document ID: chunk:federal_register_of_legislation:F2013L01414:body:0:p5
Version: federal_register_of_legislation:F2013L01414
Segment Type: other
Provision Reference: 
Character Range: 10911–13894

apply in relation to the settlement or agreement.

    3.9 No action lies against the CEO or any other person in relation to advice given under paragraph 3.8.

Special circumstances

    3.10 For the purposes of paragraph 3.5, the CEO may ignore the whole or part of a compensation reduction amount that would otherwise arise under this Part if the CEO thinks it appropriate to do so in the special circumstances of the case (which may include financial hardship suffered by the participant).

Compensation reduction amount—support component objectively identified

    3.11 In the case of a judgement or settlement mentioned in paragraph 3.1(a), the CEO is to identify the compensation reduction amount as follows:

       (a) identify the NDIS component of the amount of compensation;

       (b) subtract an amount that the CEO considers equivalent to the total of the amounts that were paid by the participant for supports of that kind after the date of the judgement or settlement and before becoming a participant;

       (c) subtract the amount of any reduction in funding under paragraph 3.5 that occurred in relation to a previous plan of the participant.

    3.12 If, by subtracting a particular amount under paragraph 3.11, the compensation reduction amount would be reduced to nil or less than nil, the CEO must:

       (a) only subtract so much of the amount that would reduce the compensation reduction amount to nil; and

       (b) not subtract any further amounts under paragraph 3.11.

Compensation reduction amount—other circumstances

    3.13 In the case of a judgement or settlement mentioned in paragraph 3.1(b), the CEO is to identify the compensation reduction amount as follows:

       (a) calculate the amount of compensation fixed under the judgement or settlement;

       (b) subtract the sum of the amounts (if any) payable in respect of the amount of compensation under the following:

           (i) the Health and Other Services (Compensation) Act 1995;

           (ii) the Health and Other Services (Compensation) Care Charges Act 1995;

           (iii) Part 3.14 of the Social Security Act 1991;

           (iv) a law of the Commonwealth, a State or a Territory, prescribed by the National Disability Insurance Scheme rules;

       (c) subtract an amount that the CEO considers reflects the value of any period of preclusion:

           (i) that arises from a Commonwealth, State or Territory statutory scheme of entitlements (for example, the Social Security Act 1991); and

           (ii) is in respect of the injury;

       (d) if no preclusion period has arisen for the purposes of paragraph (c) and the CEO is satisfied that:

           (i) the participant claimed damages in relation to lost earnings or lost capacity to earn; and

           (ii) the amount of compensation fixed under the judgement or settlement included an amount in respect of those damages;

  subtract 50% of the amount of compensation;

       (e)