Document ID: chunk:federal_register_of_legislation:C2004A04837:front:0:p10
Version: federal_register_of_legislation:C2004A04837
Segment Type: other
Provision Reference: 
Character Range: 25085–27755

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 age' see sections 5QA and 5QB.
    Note 2: These pensions are defined in section 5NB as 'compensation affected pensions'.

"(2) If the person is or may be entitled to compensation and does not take reasonable action to claim or obtain the compensation, the pension or (if the pension has a dependent child component) the compensation affected component of the pension may not be payable to the person.

"(3) If the compensation is in the form of a lump sum, the pension or (if the pension has a dependent child component) the compensation affected component of the pension may cease to be payable for a period (based on the amount of the lump sum) and some or all of that part may be repayable.

    Note 1: Under section 59N, certain lump sum payments may be treated as though they were received as periodic payments.
    Note 2: Under section 590, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law.

"(4) If the compensation is in the form of a series of periodic payments, the pension or (if the pension has a dependent child component) the compensation affected component of the pension may be reduced for the period for which the payments are received.

    Note 1: Under section 59N, certain lump sum payments may be treated as though they were received as periodic payments.
    Note 2: Under section 590, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law.

"(5) An invalidity service pension or a partner service pension will only be affected under this Part if:

    (a) the compensation is received on or after 1 January 1995; and

    (b) the claim for the pension was made on or after 1 May 1987.

"(6) A carer service pension will only be affected under this Part if:

    (a) the compensation is received on or after 1 January 1995; and

    (b) the claim for the pension was made on or after 1 January 1993.

"(7) This Part operates in certain specified circumstances to affect a person's compensation affected pension because of compensation received by the person or the person's partner. This Part is not intended to contain any implication that, in addition to those specified circumstances, there needs to be some connection between the circumstances that give rise to the person's eligibility for the