Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p7
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 7/35)
Character Range: 53961–56728

the purposes of the Social Security Act.

"(2) If:

    (a) a person's claim for a compensation affected pension is granted; and

    (b) immediately before the claim is granted, the person was receiving a compensation affected payment under the Social Security Act at a rate that was reduced under section 1168 of that Act because of periodic compensation payments made to the person or to the person's partner;

then, for the remainder of the period that was the person's periodic payments period for the purposes of the Social Security Act, the person's pension or (if the person's pension has a dependent child component) the compensation affected component of the person's pension is to be reduced:

    (c) by the amount ('reduction amount') by which the person's compensation affected payment under the Social Security Act would be reduced under subsection 1168(3) of that Act if the person were still qualified for it; or

    (d) if the reduction amount is greater than the amount of the person's pension or of the compensation affected component of that pension (as the case may be)—to nil.

"(3) If:

    (a) a person's claim for a compensation affected payment is granted; and

    (b) immediately before the claim is granted, a compensation affected payment for which the person was qualified under the Social Security Act was not payable to the person because the rate of the person's pension was reduced to nil under section 1168 of that Act because of periodic compensation payments made to the person or to the person's partner;

then, for the purposes of subsection (2), the person is taken to have been receiving the compensation affected payment at a reduced rate immediately before the claim was granted.

Rate reduction under both income/assets test and this Part

"59V. If:

    (a) the amount per fortnight of a person's pension or of the compensation affected component of a person's pension is to be reduced under this Part; and

    (b) the rate of the person's pension is reduced under the ordinary income test Module or the assets test Module of a Rate Calculator;

the reduction under this Part is to apply to the person's pension as reduced under the ordinary income test Module or the assets test Module of the Rate Calculator.

Person may have to repay amount where both periodic compensation payments and pension have been received

"59W.(1) If:

    (a) a person receives a series of periodic compensation payments; and

    (b) the person receives payments of a compensation affected pension for the periodic payments period; and

    (c) the person was not, at the time of the event that gave rise to the entitlement of the person to the compensation, receiving a compensation affected pension; and

    (d) the payments referred