Document ID: chunk:federal_register_of_legislation:F2013L01414:body:0:p6
Version: federal_register_of_legislation:F2013L01414
Segment Type: other
Provision Reference: 
Character Range: 13629–16532

claimed damages in relation to lost earnings or lost capacity to earn; and

           (ii) the amount of compensation fixed under the judgement or settlement included an amount in respect of those damages;

  subtract 50% of the amount of compensation;

       (e) if the amount after applying paragraphs (a) to (d) is greater than the value of the reasonable and necessary supports that the CEO considers would have been provided to the participant and funded under the Act over the participant's expected lifetime, had the participant been a participant from the time of the compensable event—replace the amount by that value;

       (f) subtract an amount that the CEO considers equivalent to the total of the amounts that were paid by the participant for supports, being supports of a kind funded under the Act, after the compensable event and before becoming a participant;

       (g) subtract any recoverable amount payable by the participant in respect of the compensation amount pursuant to section 106 or section 107 of the Act;

       (h) subtract any amounts deducted by the Agency under section 105B of the Act;

       (i) subtract the amount of any reduction in funding under paragraph 3.5 that occurred in relation to a previous plan of the participant.

    3.14 For paragraph 3.13(e), the calculation must be in accordance with any applicable actuarial model published by the Agency on its website at the time the calculation is undertaken.

    3.15 If a compensation reduction amount has also been identified in respect of the injury under paragraph 3.11, paragraph 3.13 is to be applied with the following modifications:

       (a) reduce from the amount to be subtracted under paragraph 3.13(f) any amount subtracted in respect of the injury under paragraph 3.11(b);

       (b) reduce from the amount to be subtracted under paragraph 3.13(i) any amount subtracted in respect of the injury under paragraph 3.11(c).

    3.16 If, by subtracting a particular amount under paragraph 3.13, the compensation reduction amount would be reduced to nil or less than nil, the CEO must:

       (a) only subtract so much of the amount that would reduce the compensation reduction amount to nil; and

       (b) not subtract any further amounts under paragraph 3.13.

Compensation reduction amount—participant in a Commonwealth, State or Territory statutory insurance scheme

    3.17 In the case of compensation mentioned in paragraph 3.1(c), the CEO is to identify the compensation reduction amount by identifying the total value of the care and support expected to be provided to the participant under that scheme until the plan is required to be reviewed in accordance with paragraph 33(2)(c) of the Act.

    3.18 For paragraph 3.17, the identification must be:

       (a) in accordance with any applicable actuarial model published by the Agency on its website at the time the