Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p1
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 1/35)
Character Range: 38500–41307

530

The lump sum preclusion period is therefore 10 weeks. The preclusion period begins on the day after Richard's last payment of periodic compensation payments. The preclusion period ends 10 weeks from that day. The amount of pension which represents the compensation affected component (the basic service pension and pharmaceutical allowance) is not payable

to Richard during that 10 week period. Because Richard receives dependent child add-on as part of his rate (the dependent child component), he will still receive a part rate of pension. Partner service pension is not payable to Ellen in relation to that 10 week period.

If Richard has already received pension payments during that period, or if Ellen has already received pension payments relating to that period, those payments which represent the compensation affected component will be recoverable under section 59R. The dependent child component of the pension which was paid to Richard is not recoverable.

Person may have to repay amount where both lump sum and pension have been received

"59R.(1) If:

    (a) a person receives compensation in the form of a lump sum; and

    (b) the person receives payments of a compensation affected pension for the lump sum preclusion period;

the Commission may, by written notice to the person, determine that the person is liable to pay to the Commonwealth the amount specified in the notice.

    Note: For 'lump sum preclusion period' see subsections 59Q(3) to (7).

"(2) The amount specified in the notice is the recoverable amount and is worked out under subsections (3) and (4).

"(3) If:

    (a) the person is not a member of a couple; or

    (b) the person is a member of a couple and the person's partner:

        (i) is not eligible for a compensation affected pension; or

        (ii) is not qualified for a compensation affected payment under the Social Security Act;

the recoverable amount is equal to the smaller of:

    (c) the compensation part of the lump sum; and

    (d) the sum of the pension payments, or (if the person's pension has a dependent child component) of the compensation affected components of the pension payments, made to the person for the lump sum preclusion period.

"(4) If:

    (a) the person is a member of a couple; and

    (b) the person's partner:

        (i) is eligible for a compensation affected pension; or

        (ii) is qualified for a compensation affected payment under the Social Security Act;

the recoverable amount is equal to the smaller of:

    (c) the compensation part of the lump sum; and

    (d) the amount obtained by adding the pension payments, or (if the person's pension has a dependent child component) the compensation affected component of the pension payments, made to the person for the lump sum preclusion