Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p4
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
Provision Reference: 
Character Range: 9916–12704

After Section 5NA of the Principal Act the following section is inserted:

Compensation recovery definitions

"5NB.(1) In this Act, unless the contrary intention appears: 'average weekly earnings', in relation to a lump sum preclusion period, means the amount:

    (a) estimated as the average total weekly earnings, during a particular month, of all employees (all persons) in Australia; and

    (b) last published by the Australian Statistician before the lump sum compensation payment became payable;

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

'compensation' has the meaning given by subsection (2);

    Note: See also section 590.

'compensation affected component', in relation to an amount of compensation affected pension that has a dependent child component, means that part of the amount of pension that is not the dependent child component;

    Note: For "dependent child component' see this subsection.

'compensation affected pension' means:

    (a) an invalidity service pension; or

    (b) a partner service pension; or

    (c) a carer service pension;

payable to a person who has not reached pension age;

    Note: For 'pension age' see sections 5QA and 5QB.

'compensation part', in relation to a lump sum compensation payment, has the meaning given by subsections (7) and (8);

'compensation payer' means:

    (a) a person who is liable to make a compensation payment; or

    (b) an authority of a State or Territory that has determined that it will make a payment by way of compensation to another person, whether or not the authority is liable to make the payment;

'dependent child component', in relation to an amount of compensation affected pension payable to a person who has a dependent child, means:

    (a) any additional amount for dependent children or any amount for rent assistance that, in working out the rate of the pension, was added to the person's maximum basic rate; or

    (b) if any amount referred to in paragraph (a) was reduced because an income test or asset test was applied in working out the rate of the pension—that amount as so reduced;

    Note 1: For the method of working out the pension rate, the maximum basic rate and the amount for dependent children and rent assistance, see Modules A, B, C and D of the Rate Calculators at the end of sections 42 and 43.
    Note 2: For the application of income tests and assets tests, see Modules A, E, F and G of the Rate Calculator at the end of section 42.

'event that gives rise to an entitlement to compensation' has the meaning given by subsection (11);

'periodic payments period' means:

    (a) in relation to a series of periodic payments—the period in respect of which the payments are, or are to be, made; and

    (b) in relation to