Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p15
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 15/35)
Character Range: 74501–77351

payment (under the Social Security Act);

for the periodic payments period or the lump sum preclusion period;

the recoverable amount is equal to the smallest of the following amounts:

    (c) the sum of the pension payments, or (if the person's pension has a dependent child component) of the compensation affected components of the pension payments, made to the person for the periodic payments period or the lump sum preclusion period;

    (d) the compensation part of the lump sum payment or the sum of the amounts of the periodic compensation payments;

    (e) the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving:

        (i) a preliminary notice under section 59ZE in relation to the matter; or

        (ii) if the insurer has not received a preliminary notice—the recovery notice under this section in relation to the matter.

"(5) If:

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

    (b) the person's partner receives or claims a compensation affected pension, or a compensation affected payment (under the Social Security Act), for the periodic payments period or the lump sum preclusion period;

the recoverable amount is equal to the smallest of the following amounts:

    (c) the amount obtained by adding the pension payments, or (if the person's pension has a dependent child component) the compensation affected components of the pension payments, made to the person for the periodic payments period or the lump sum preclusion period to:

        (i) the pension payments, or (if the partner's pension has a dependent child component) the compensation affected components of the pension payments, made to the person's partner for the periodic payments period or the lump sum preclusion period; or

        (ii) the compensation affected payments made under the Social Security Act to the person's partner for the periodic payments period or the lump sum preclusion period;

    (d) the compensation part of the lump sum payment or the sum of the amount of the periodic compensation payments;

    (e) the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving:

        (i) a preliminary notice under section 59ZE in relation to the matter; or

        (ii) if the insurer has not received a preliminary notice—the recovery notice under this section in relation to the matter.

"(6) A notice under this section must contain a statement of the effect of section 59ZJ so far as it relates to a recovery notice.

Preliminary notice or recovery notice to insurer suspends both insurer's and compensation payer's liability

"59ZH. If an insurer has been given a preliminary notice under section 59ZE or a recovery notice under section