Document ID: chunk:federal_register_of_legislation:C2004A04954:body:0:p26
Version: federal_register_of_legislation:C2004A04954
Segment Type: other
Provision Reference: 
Character Range: 68417–71237

one or more injuries arising from the same event (see subsection (5A)); and

    (b) at least one of the payments is made wholly or partly in respect of lost earnings or lost capacity to earn;

the person is taken to receive one lump sum compensation payment, made wholly or partly in respect of lost earnings or lost capacity to earn, of an amount equal to the sum of those lump sum payments.

"(2C) A reference in paragraph (2B)(a) to an injury includes a reference to a disease or condition.".

8. Paragraph 17(4)(a):

Omit "in respect of lost earnings or lost capacity to earn".

9. Paragraph 17(4)(b):

Omit "in respect of the lost earnings or lost capacity to earn".

10. Subsection 17(5A):

After "the purposes of' insert "subsection (2B) of this section and".

11. Subsection 1163(1):

Omit the subsection, substitute:

"(1) If a person is or may be entitled to or receives compensation, payments of a compensation affected payment to the person or the person's partner might be affected under this Part.

Note: For 'compensation affected payment' see subsection 17(1).".

12. Subsection 1163(2):

Omit "pension, benefit or allowance", substitute "compensation affected payment".

13. Subsection 1163(3):

Omit the subsection (but not the Notes), substitute:

"(3) If the compensation is a lump sum compensation payment, the compensation affected payment might cease to be payable for a period (based on the amount of the lump sum) and some or all of the payments of the compensation affected payment might be repayable.".

14. Subsection 1163(4):

Omit "pension, benefit or allowance", substitute "compensation affected payment".

SCHEDULE 16—continued

15. Subsections 1163(5) and (6):

Omit the subsections (including the Notes), substitute:

"(5) Subject to subsection (6), payments of a compensation affected payment will only be affected under this Part if:

(a) the compensation is received on or after 1 May 1987; and

(b) either:

       (i) if the compensation affected payment is a rehabilitation allowance under the 1947 Act—the rehabilitation allowance is payable in place of a compensation affected payment that was claimed on or after 1 May 1987; or

       (ii) in any other case—the claim for the compensation affected payment was made on or after 1 May 1987.

"(6) Despite subsection (5), payments of a compensation affected payment may be affected under this Part if it is:

(a) a sickness benefit under the 1947 Act; or

    (b) a rehabilitation allowance under the 1947 Act payable in place of a sickness benefit under the 1947 Act.

    Note 1: Compensation received before 1 May 1987 can affect a person's sickness benefit under the 1947 Act, or a person's rehabilitation allowance under the 1947 Act if it was paid instead of a sickness benefit—see clause 25A of Schedule 1A.
    Note 2: