Document ID: chunk:federal_register_of_legislation:C2024C00866:section:74:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 74 (pt 2/5)
Character Range: 1266802–1269229

date on which the lump sum payment is made;
whichever is the earlier date, for the life of the person, at such rate per fortnight as is determined by, or in accordance with the instructions of, the Commonwealth Actuary, to be the equivalent of a lump sum equal to that lump sum payment and paid to the person on that earlier date.
 (3A) In this section, if:
 (a) a lump sum payment is made under section 137 of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 to a person who is:
 (i) a member of the Forces or a member of a Peacekeeping Force, in respect of the incapacity of the member from injury or disease; or
 (ii) a dependant of a member of the Forces or of a member of a Peacekeeping Force, in respect of the death of the member; and
 (b) that person is in receipt of, or is subsequently granted, a pension under this Part in respect of the same incapacity of the member from that or any other injury or disease or in respect of the death of that member;
the person is taken to have been, or to be, in receipt of payments of compensation:
 (c) that is determined by, or under the instructions of, the Commonwealth Actuary to be equivalent to the amount of that lump sum payment; and
 (d) at the rate per fortnight for the person's life determined by, or under the instructions of, the Commonwealth Actuary; and
 (e) beginning:
 (i) on the day that lump sum payment is made to that person; or
 (ii) on the day the pension becomes payable to the person;
  whichever is the later day.
 (3B) In this section, if:
 (a) a lump sum payment is made under section 30 of the Safety, Rehabilitation and Compensation (Defence‑related Claims) Act 1988 to a person who is:
 (i) a member of the Forces or a member of a Peacekeeping Force, in respect of the incapacity of the member from injury or disease; or
 (ii) a dependant of a member of the Forces or of a member of a Peacekeeping Force, in respect of the death of the member; and
 (b) that person is in receipt of, or is subsequently granted, a pension under this Part in respect of the same incapacity of the member from that or any other injury or disease or in respect of the death of that member;
the person is taken to have been, or to be, in receipt of payments of compensation:
 (c) that is determined by, or under the instructions of, the Commonwealth Actuary to be equivalent to the amount of that lump sum payment; and
 (d) at the rate per