Document ID: chunk:federal_register_of_legislation:C2024C00866:section:59za:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 59ZA (pt 2/3)
Character Range: 1124840–1127503

received a preliminary notice—the recovery notice under this section in relation to the matter.
 (5) If:
 (a) the person claiming compensation is a member of a couple; and
 (b) the person's partner receives or is eligible for a compensation affected pension, or a compensation affected payment (under the Social Security Act), for a day or days in:
 (i) unless subparagraph (ii) applies—the periodic payments period in respect of the compensation; or
 (ii) if the compensation is lump sum compensation for which payment is received by the person or the person's partner before 20 March 1997—the lump sum preclusion period;
the recoverable amount is equal to the smallest of the following amounts:
 (c) the difference between:
 (i) the sum of the payments of compensation affected pension, and of compensation affected payments under the Social Security Act, made to the person and the person's partner for a day or days in the periodic payments period or the lump sum preclusion period; and
 (ii) the sum of the payments of compensation affected pension, and of compensation affected payments under the Social Security Act, that would have been made to the person and the person's partner for any such day or days had those payments been made at the rate to which the payments were reduced as a result of the operation of subsection 59T(1) and section 59TA;
 (d) the compensation part of the lump sum payment or the sum of the amount of the periodic compensation payments;
 (e) the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving:
 (i) a preliminary notice under section 59Y in relation to the matter; or
 (ii) if the compensation payer has not received a preliminary notice—the recovery notice under this section in relation to the matter.
 (5AA) If:
 (a) the person claiming compensation is a member of a couple; and
 (b) the person's partner receives or is eligible for a compensation affected pension, or a compensation affected payment (under the Social Security Act), for a day or days in the lump sum preclusion period in respect of lump sum compensation received by the person on or after 20 March 1997;
the recoverable amount is equal to the smallest of the following amounts:
 (c) the sum of all the payments of compensation affected pension made to the person for the lump sum preclusion period;
 (d) the compensation part of the lump sum payment;
 (e) the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving:
 (i) a preliminary notice under section 59Y in relation to the matter; or
 (ii) if the