Document ID: chunk:federal_register_of_legislation:C2025C00162:section:17:p3
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 17 (pt 3/5)
Character Range: 263636–266367

as previously in force.
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 of arrears of periodic compensation payments—the period to which those payments would have related if they had not been made by way of an arrears payment.
potential compensation payer means a person who, in the Secretary's opinion, may become a compensation payer.
receives compensation has the meaning given by subsection (5).
special needs disability support wife pension means a special needs wife pension for a woman whose partner receives a special needs disability support pension.
special needs invalid wife pension means a special needs wife pension for a woman whose partner received a special needs invalid pension under this Act as previously in force.

Compensation
 (2) Subject to subsection (2B), for the purposes of this Act, compensation means:
 (a) a payment of damages; or
 (b) a payment under a scheme of insurance or compensation under a Commonwealth, State or Territory law, including a payment under a contract entered into under such a scheme; or
 (c) a payment (with or without admission of liability) in settlement of a claim for damages or a claim under such an insurance scheme; or
 (d) any other compensation or damages payment;
(whether the payment is in the form of a lump sum or in the form of a series of periodic payments and whether it is made within or outside Australia) that is made wholly or partly in respect of lost earnings or lost capacity to earn resulting from personal injury.
 (2A) Paragraph (2)(d) does not apply to a compensation payment if:
 (a) the recipient has made contributions (for example, by way of insurance premiums) towards the payment; and
 (b) either:
 (i) the agreement under which the contributions are made does not provide for the amounts that would otherwise be payable under the agreement being reduced or not payable because the recipient is eligible for or receives payments under this Act that are compensation affected payments; or
 (ii) the agreement does so provide but the compensation payment has been calculated without reference to the provision.
 (2B) A payment under a law of the Commonwealth, a State or a Territory that provides for the payment of compensation for a criminal injury does not constitute compensation for the purposes of this Act.
 (2C) The reference in subsection (2B) to a criminal injury is a reference to a personal injury suffered, or a disease or condition contracted, as a result of the commission of an offence.

Compensation part of a lump sum
 (3) Subject to subsection (4), for the purposes of this Act, the compensation