Document ID: chunk:federal_register_of_legislation:C2024C00866:section:30d:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 30D (pt 2/3)
Character Range: 390849–393290

is to be preferred to another under subsection (8);
the preferred pension is not to be reduced until the other pension ceases to be payable because its rate per fortnight is reduced to nil.
 (6) In giving effect to subsection (3), if:
 (a) the rate of a pension or the rates of 2 or more pensions are reduced to nil under subsection (5); and
 (b) there are 2 or more pensions that are not to be preferred to each other;
the reduction in the rate per fortnight for each of those pensions is to be worked out using the following formula:

where:
pension to be reduced is the rate per fortnight of the pension to be reduced.
pensions payable is the sum of the rates per fortnight of the pensions referred to in paragraph (b).
excess compensation payable is the rate per fortnight of periodic compensation that is payable after the pension or pensions referred to in paragraph (a) are reduced to a nil rate.
 (7) If:
 (a) pensions are payable to 2 or more persons; and
 (b) subsections (5) and (6) do not apply;
the reduction in the rate per fortnight for each pension is to be worked out using the following formula:

where:
pension to be reduced is the rate per fortnight of the pension to be reduced.
pensions payable is the sum of the rates per fortnight of pensions payable to the persons.
compensation payable is the sum of the rates per fortnight of periodic compensation that is payable to the persons.

Preferred pensions
 (8) For the purposes of this section:
 (a) a pension payable under this Part to the veteran is to be preferred to such a pension payable to a dependant of the veteran; and
 (b) a pension payable under this Part to a partner or non‑illness separated spouse of a veteran is to be preferred to such a pension payable to a child of the veteran; and
 (c) a pension payable under this Part to the widow or widower of a veteran is to be preferred to such a pension payable to a child of the veteran; and
 (d) a pension payable under this Part to an older child of a veteran is to be preferred to such a pension payable to a younger child of the veteran.
 (9) For the purposes of this section, a payment by way of compensation made on behalf of, or for the benefit of, a person is taken to have been made to the person.
 (10) In this section:
periodic payments period means:
 (a) the period to which a periodic compensation payment, or a series of periodic compensation payments, relates; or
 (b) in the case of a payment