Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p6
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
Provision Reference: 
Character Range: 14897–17582

is eligible for or receives the compensation affected pension under this Act.

"(5) Subsection (2) does not apply to any payment of compensation made to a person that was taken into account under Division 5 A of Part II to reduce the amount, or stop the payment, of a pension that, apart from that Division, would have been payable to the person under that Part.

"(6) Subsection (2) does not apply to any payment of compensation made to a person that was taken into account under Division 4 of Part IV to reduce the amount, or stop the payment, of a pension that, apart from that Division, would have been payable to the person under that Part.

Compensation part of a lump sum

"(7) For the purposes of Part IIIC, the compensation part of a lump sum compensation payment is:

    (a) 50% of the payment if the following circumstances apply:

        (i) the payment is made (either with or without admission of liability) in settlement of a claim that is, in whole or in part, related to a disease, injury or condition; and

        (ii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise, on or after 9 February 1988; or

    (b) 50% of the payment if the following circumstances apply:

        (i) the payment represents that part of a person's entitlement to periodic compensation payments that the person has chosen to receive in the form of a lump sum; and

        (ii) the entitlement to periodic compensation payments arose from the settlement (either with or without admission of liability) of a claim that is, in whole or in part, related to a disease, injury or condition; and

        (iii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise, on or after 9 February 1988; or

    (c) if paragraphs (a) and (b) do not apply—so much of the payment as is, in the Commission's opinion, in respect of lost earnings or lost capacity to earn.

"(8) If a person:

    (a) has received periodic compensation payments in respect of lost earnings or lost capacity to earn; and

    (b) after receiving those payments, receives a lump sum compensation payment in respect of the lost earnings or lost capacity to earn (the 'LSP'); and

    (c) because of receiving the LSP, becomes liable to repay an amount (the Repaid Periodic Compensation Payment—'RPCP') equal to the periodic compensation payments received;

then, for the purposes of subsection (7), the amount of the lump sum compensation payment is:

"(9) For the purposes of Part IIIC, a payment of arrears of periodic compensation payments is not a lump sum compensation payment.

    Note: For the treatment of a