Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p10
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 10/35)
Character Range: 61591–64506

has been receiving both invalidity service pension and the periodic payments for 4 weeks. During those 4 weeks Richard received a total of $659.00 in invalidity service pension payments and Ellen received a total of $530.60 in partner service pension. Richard also received $800.00 in periodic payments from the insurance company for that 4 week period.

The Commission writes to Richard telling him of the recoverable amount he is liable to repay to the Commonwealth. Since Richard and Ellen's situation is covered by subsection (4), the recoverable amount is the smaller of $800.00 and $1,061.20. As the compensation affected component of Richard's pension is the only part which is recoverable (the dependent child add-on is exempt from recovery), $1,061.20 represents Ellen's pension ($530.60) and Richard's compensation affected component of his pension ($530.60). Richard will be liable to repay to the Commonwealth $800.00.

Periodic compensation payments not counted as ordinary income

"59X. If the amount per fortnight of a person's pension, or of the compensation affected person's pension, is reduced under section 59T because of a series of periodic compensation payments, those payments are not to be regarded as ordinary income of either the person or the person's partner for the purposes of this Act.

"Division 4—Compensation payers

Commission may send preliminary notice to potential compensation payer

"59Y.(1) If:

    (a) a person seeks compensation in respect of the person's lost earnings or lost capacity to earn; and

    (b) the person receives or claims a compensation affected pension for any period to which the compensation relates;

the Commission may give written notice to the person's potential compensation payer that the Commission may wish to recover an amount from the potential compensation payer.

    Note: For 'potential compensation payer' see section 5NB.

"(2) The notice must contain:

    (a) a statement of the potential compensation payer's obligation under section 59Z; and

    (b) a statement of the effect of section 59ZD so far as it relates to a preliminary notice.

Potential compensation payer must notify Department of liability

"59Z. If a potential compensation payer:

    (a) is given notice under section 59Y in relation to a person; and

    (b) either before or after receiving the notice, becomes liable to pay compensation to the person;

the potential compensation payer must give written notice of the liability to the Department within 7 days after:

    (c) becoming liable; or

    (d) receiving the notice;

whichever happens later.

Penalty: Imprisonment for 12 months.

    Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an