Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p9
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
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Character Range: 22446–25354

to compensation' and 'periodic payments period' see section 5NB.".

Rate of age, invalidity, partner and carer service pension (dependent child or children)

10. The Rate Calculator in section 42 of the Principal Act is amended by inserting after point 42-E2A the following point:

Payment of arrears of periodic compensation payments

"42-E2B. If:

    (a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving a compensation affected pension; and

    (b) in relation to the entitlement, the person receives a payment ('arrears payment') of arrears of periodic compensation;

the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount of the arrears payment by the number of days in the periodic payments period.

    Note: For 'event that gives rise to an entitlement to compensation' and 'periodic payments period' see section 5NB.".

Date of effect of adverse determination

11. Section 56H of the Principal Act is amended:

    (a) by omitting from subsection (3) "and (6)" and substituting ", (6), (7) and (8)";

    (b) by adding at the end of section 56H the following subsections:

Payment of arrears of periodic compensation payments—suspension or cancellation

    "(7) If:

         (a) an adverse determination is made in relation to a person because of point 41-D2B or 42-E2B (payment of arrears of periodic compensation payments); and

         (b) a service pension has been paid to the person or to the person's partner when, because of the payment of arrears of periodic compensation, the pension should have been cancelled or suspended;

    the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of compensation payments—rate reduction

    "(8) If:

            (a) an adverse determination is made in relation to a person because of point 41-D2B or 42-E2B (payment of arrears of periodic compensation payments); and

            (b) an amount of service pension was paid to the person or to the person's partner that, because of the payment of arrears of periodic compensation, was more than the amount that should have been paid;

    the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.".

Insertion of Part

12. After Section 59L of the Principal Act the following Part is inserted:

"PART IIIC—COMPENSATION RECOVERY

"Division 1—General

General effect of Part

"59M.(1) If:

    (a) a person is or may be entitled to, or receives, compensation; and

    (b) the person has not reached pension age;

any of the following pensions payable to the person or the person's partner might be affected under this Part:

    (c) invalidity service pension;

    (d) partner service pension;

    (e) carer service pension.

    Note 1: For 'pension