Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p7
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
Provision Reference: 
Character Range: 17346–20052

of subsection (7), the amount of the lump sum compensation payment is:

"(9) For the purposes of Part IIIC, a payment of arrears of periodic compensation payments is not a lump sum compensation payment.

    Note: For the treatment of a payment of arrears of periodic compensation payments where, at the time of the event that gave rise to the compensation payments, the person was receiving a payment under this Act that is covered by Part IIIC, see points 41-D2B and 42-E2B.

Receives compensation

"(10) A person receives compensation whether he or she receives it directly or whether another person receives it, on behalf of, or at the direction of the first person.

Event giving rise to entitlement

"(11) For the purposes of Part IIIC, the event that gives rise to a person's entitlement to compensation for a disease, injury or condition is:

    (a) if the disease, injury or condition was caused by an accident—the accident; or

    (b) in any other case—the disease, injury or condition first becoming apparent;

and is not, for example, the decision or settlement under which the compensation is payable.

Insurer

"(12) A reference in Part IIIC to an insurer who is, under a contract of insurance, liable to indemnify a compensation payer or a potential compensation payer against a liability arising from a claim for compensation includes a reference to:

    (a) an authority of a State or Territory that is liable to indemnify a compensation payer against such a liability, whether the authority is so liable under a contract, a law or otherwise; or

    (b) an authority of a State or Territory that determines to make a payment to indemnify a compensation payer against such a liability, whether or not the authority is liable to do so.".

Invalidity service pension may not be payable in some circumstances

5. Section 37A of the Principal Act is amended by adding at the end the following word and paragraph:

    "or (f) the person or the person's partner is entitled to receive compensation (see Division 3 of Part IIIC)".

Partner service pension may not be payable in some circumstances

6. Section 38A of the Principal Act is amended by adding at the end the following word and paragraph:

    "or (f) the person or the person's partner is entitled to receive compensation (see Division 3 of Part IIIC)".

Carer service pension may not be payable in some circumstances

7. Section 39A of the Principal Act is amended by adding at the end the following word and paragraph:

    "or (g) the person or the person's partner is entitled to receive compensation (see Division 3 of Part IIIC)".

Application of income and assets test reductions for income tax purposes

8. Section 40C of