Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p12
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
Provision Reference: 
Character Range: 29973–32847

compensation affected pension; and

    (b) the person or the person's partner is entitled or may, in the Commission's opinion, be entitled to compensation; and

    (c) the person or the partner has not taken:

        (i) any action to claim or obtain the compensation; or

        (ii) any action that the Commission considers reasonable to claim or obtain the compensation;

the Commission may require the person or the partner to take the action specified by the Commission.

"(3) Even though a person has entered into an agreement to give up the person's right to compensation, the Commission may form the opinion that the person may be entitled to compensation if the Commission is satisfied that the agreement is void, ineffective or unenforceable.

"(4) For the purposes of subsection (3), a person enters into an agreement to give up the person's right to compensation if the person:

    (a) enters into an agreement to waive the person's right to compensation; or

    (b) enters into an agreement to withdraw the person's claim for compensation.

"(5) The action specified by the Commission is to be the action that the Commission considers reasonable to enable the person to claim or obtain the compensation.

" (6) If, under subsection (1), the Commission requires a person who has been granted a pension to take action to claim or obtain compensation, the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person unless the person complies with the requirement.

    Note: For 'dependent child component' and 'compensation affected component' see subsection 5NB(1).

"(7) If, under subsection (1), the Commission requires the partner of a person who has been granted a pension to take action to obtain or claim compensation, the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person unless the partner complies with the requirement.

    Note: For 'dependent child component' and 'compensation affected component' see subsection 5NB(1).

"Division 3—Receipt of compensation

Pension etc. not payable during lump sum preclusion period

Person not member of a couple

"59Q.(1) If:

    (a) a person is eligible for a compensation affected pension; and

    (b) the person is not a member of a couple; and

    (c) the person receives compensation in the form of a lump sum (whether before or after the person became eligible for the pension);

the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person for the lump sum preclusion period.

    Note 1: For 'compensation affected pension', 'dependent child component' and 'compensation affected component' see subsection 5NB(1).
    Note 2: For 'Lump sum