Document ID: chunk:federal_register_of_legislation:C2013C00026:clause:4_424a
Version: federal_register_of_legislation:C2013C00026
Segment Type: clause
Provision Reference: sch 4 cl 424A
Character Range: 184189–186117

424A  Recipient of compensation for permanent impairment

Eligibility for days before 1 July 2012

 (1) The Commission may, on a day (the test day) on or after 14 May 2012 and before 1 July 2012, determine that a person is eligible for a clean energy advance for compensation under Part 2 of Chapter 4 if:
 (a) the condition in subsection (3) is met for the test day; and
 (aa) the person is residing in Australia on the test day; and
 (b) the person is in Australia on the test day.

Eligibility for days in 2012‑13 financial year

 (2) The Commission may determine that a person is eligible for a clean energy advance for compensation under Part 2 of Chapter 4 if:
 (a) the condition in subsection (3) is met for a day (the test day) in the financial year starting on 1 July 2012; and
 (aa) the person is residing in Australia on the test day; and
 (b) the person is in Australia on the test day.
The determination must specify the first day, in the financial year, for which the condition in subsection (3) is met, the person is residing in Australia and the person is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.

Receipt of compensation

 (3) A condition for determination of eligibility is that either or both of the following apply:
 (a) on the test day the person either:
 (i) is receiving weekly compensation under Part 2 of Chapter 4; or
 (ii) would be receiving weekly compensation under that Part apart from paragraph 398(3)(b) (of this Act) and offsetting described in subsection 13(4) of the Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004;
 (b) before the test day the person received lump sum compensation under Part 2 of Chapter 4.

Only one determination of a person's eligibility

 (4) The Commission may make only one determination of a particular person's eligibility under this section.