Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p4
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 4/35)
Character Range: 46221–49059

person, or the person's partner, receives a series of periodic compensation payments; and

    (b) the person is eligible for a compensation affected pension for the periodic payments period; and

    (c) the person was not, at the time of the event that gave rise to the entitlement of the person, or of the person's partner, to the compensation, receiving the compensation affected pension referred to in paragraph (b);

the person's pension or (if the person's pension has a dependent child component) the compensation affected component of the pension is to be reduced for the periodic payments period as provided under subsections (2), (3) and (4).

    Note 1: For 'periodic payments period', 'compensation affected pension', 'dependent child component' and 'compensation affected component' see subsection 5NB(7).
    Note 2: If a person, or a person's partner, was, at the time of an event that gave rise to the entitlement of the person, or the person's partner, to compensation, receiving a compensation affected pension, the compensation is treated as ordinary income.
    Note 3: Subsection (1) can apply to both members of a couple so as to reduce their pensions. For example, if a partner service pensioner received periodic compensation payments and her partner is receiving an invalidity service pension, subsection (1) applies to the partner service pensioner to reduce her pension and to the partner to reduce his pension.

"(2) If the person is not a member of a couple, the amount per fortnight of the person's pension or of the compensation affected component of the person's pension (as the case may be) is reduced by the amount per fortnight of the periodic compensation payments received by the person.

"(3) If:

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

    (b) the person's partner:

        (i) is not eligible for a compensation affected pension; or

        (ii) is not qualified for a compensation affected payment under the Social Security Act;

the amount per fortnight of the person's pension or of the compensation affected component of the person's pension (as the case may be) is reduced by the amount per fortnight of the periodic compensation payments received by the person or the person's partner.

"(4) If:

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

    (b) the person's partner:

        (i) is eligible for a compensation affected pension; or

        (ii) is qualified for a compensation affected payment under the Social Security Act;

the amount per fortnight of the person's pension or of the compensation affected component of the person's pension (as the case may be) is reduced by half the amount per fortnight of the periodic compensation payments received by the person or the person's partner.

    Note: If the person's partner is qualified for a compensation affected