Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p13
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
Provision Reference: 
Character Range: 32567–35352

the compensation affected component of the pension is not payable to the person for the lump sum preclusion period.

    Note 1: For 'compensation affected pension', 'dependent child component' and 'compensation affected component' see subsection 5NB(1).
    Note 2: For 'Lump sum preclusion period' see subsections (3) to (7).

Person member of a couple

"(2) If:

    (a) a person is eligible for a compensation affected pension; and

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

    (c) the person, or the person's partner, receives compensation in the form of a lump sum (whether before or after the person became eligible for the pension);

the following provisions have effect:

    (d) the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person for the lump sum preclusion period;

    (e) if the person's partner is eligible for a compensation affected pension—that pension or (if that pension has a dependent child component) the compensation affected component of that pension is not payable to the partner for the lump sum preclusion period.

    Note 1: For 'compensation affected pension', 'dependent child component' and 'compensation affected component' see subsection 5NB(1).
    Note 2: For 'lump sum preclusion period' see subsections (3) to (7).

Lump sum preclusion period

"(3) If a person receives both periodic compensation payments and compensation in the form of a lump sum in respect of lost earnings or lost earning capacity, the lump sum preclusion period is the period that:

    (a) begins on the day after the last day of the periodic payments period; and

    (b) ends after the number of weeks specified in subsection (7).

    Note: For 'periodic payments period' see subsection 5NB(1).

"(4) If a person chooses to receive part of an entitlement to periodic compensation payments in the form of a lump sum, the lump sum preclusion period is the period that:

    (a) begins on the first day on which the person's periodic compensation payment is a reduced payment because of that choice; and

    (b) ends after the number of weeks specified in subsection (7).

"(5) If a person:

    (a) receives compensation in relation to an injury, disease or condition in the form of a lump sum ('first lump sum'); and

    (b) the person receives compensation in the form of a further lump sum ('second lump sum'); and

    (c) the second lump sum is compensation in relation to the same injury, disease or condition;

the lump sum preclusion period for the second lump sum is the period that:

    (d) begins on the day after the last day of the lump sum preclusion period for the first lump sum; and

    (e) ends after the number of weeks specified in subsection (7).