Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p11
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
Provision Reference: 
Character Range: 27504–30227

the person or the person's partner. This Part is not intended to contain any implication that, in addition to those specified circumstances, there needs to be some connection between the circumstances that give rise to the person's eligibility for the pension and the circumstances that give rise to the person's or the partner's compensation.

Certain lump sums to be treated as though they were received as periodic payments

"59N. If:

    (a) a person is entitled to periodic payments under a law of a State or Territory; and

    (b) the person's entitlement to the periodic payments is converted under the law of the State or Territory into an entitlement to a lump sum; and

    (c) the lump sum is calculated by reference to a period; and

    (d) the lump sum is to be paid to the person in 2 or more instalments;

this Part applies to the person as if:

    (e) the person had not received the instalments; and

    (f) the person had received, in each fortnight during the period, a periodic compensation payment equal to:

    where:

    'lump sum amount' is the amount of the lump sum referred to in paragraph (b);

    'number of fortnights in the period' is the number of whole fortnights in the period referred to in paragraph (c).

Effect of certain State and Territory laws

"59O. If:

    (a) a law of a State or Territory provides for the payment of compensation; and

    (b) that law includes a provision to the effect that a person's compensation under the law is to be or may be reduced or cancelled if the person is eligible for or receives payments under this Act;

this Part applies as if the person had received under that law the compensation that the person would have received if the provision referred to in paragraph (b) had not been enacted.

"Division 2—Enforcement of compensation rights

Commission may require person to take action to obtain compensation

"59P.(1) If:

    (a) a person is receiving a compensation affected pension; and

    (b) the person or the person's partner is entitled or may, in the Commission's opinion, be entitled to compensation; and

    (c) the person or the partner has not taken:

        (i) any action to claim or obtain the compensation; or

        (ii) any action that the Commission considers reasonable to claim or obtain the compensation;

the Commission may require the person or the partner to take the action specified by the Commission.

"(2) If:

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

    (b) the person or the person's partner is entitled or may, in the Commission's opinion, be entitled to compensation; and

    (c) the person or the partner has not taken:

        (i) any action to claim or obtain