Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:33
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 33
Character Range: 84352–86460

33  Compensation for injuries resulting in incapacity if covered person is in receipt of a superannuation pension and a lump sum benefit
 (1) Compensation payable to a covered person who is incapacitated for work as a result of an injury is determined in accordance with this section if:
 (a) the covered person ceases to be a covered current member and receives a pension and a lump sum benefit under a superannuation scheme as a result of the cessation; or
 (b) the covered person:
 (i) is retired from his or her employment (whether the covered person retired voluntarily or was compulsorily retired); and
 (ii) receives a pension and a lump sum benefit under a superannuation scheme as a result of the covered person's retirement.
 (2) The Commonwealth is liable to pay compensation to the covered person, in respect of the injury, in accordance with this section for each week, after the date of the cessation or retirement, during which the covered person is incapacitated.
 (3) The amount of compensation is the amount worked out using the formula:
where:
superannuation amount in relation to the pension means the superannuation amount in relation to the pension received by the covered person in respect of the relevant week.
unadjusted amount of compensation means the amount of compensation that would have been payable to the covered person for a week if:
 (a) for a person referred to in paragraph (1)(a):
 (i) section 29, other than subsection 29(12), had applied to the covered person; and
 (ii) the week were a week referred to in subsection 29(8); or
 (b) for the Prime Minister's spouse:
 (i) section 30, other than subsection 30(11), had applied to the covered person; and
 (ii) the week were a week referred to in subsection 30(7).
weekly interest on the lump sum means the amount worked out by:
 (a) multiplying the superannuation amount in relation to the lump sum benefit received by the covered person by the rate specified in an instrument in force under subsection 21(5) of the Safety, Rehabilitation and Compensation Act 1988; and
 (b) dividing the result of paragraph (a) by 52.