Document ID: chunk:federal_register_of_legislation:C2024C00866:section:59zg:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 59ZG (pt 1/3)
Character Range: 1133133–1135796

59ZG  Commission may send recovery notice to insurer
 (1) If:
 (a) an insurer is liable, under a contract of insurance, to indemnify a compensation payer against any liability arising from a person's claim for compensation in respect of the person's lost earnings or lost capacity to earn; and
 (b) the person receives or claims a compensation affected pension for a day or days in the periodic payments period or the lump sum preclusion period; and
the Commission may give written notice to the insurer that the Commission proposes to recover the amount specified in the notice from the insurer.
 (2) If an insurer is given notice under subsection (1), the insurer is liable to pay to the Commonwealth the amount specified in the notice.
 (3) The amount specified in the notice is the recoverable amount and is worked out under subsections (4), (5) and (5AA), unless subsection (5A) applies in which case it is worked out under subsection (5A) instead.
 (4) If:
 (a) the person claiming compensation is not a member of a couple; or
 (b) the person claiming compensation is a member of a couple and the person's partner neither receives nor claims:
 (i) a compensation affected pension; or
 (ii) a compensation affected payment (under the Social Security Act);
  for any day or days in the periodic payments period or the lump sum preclusion period;
the recoverable amount is equal to the smallest of the following amounts:
 (c) the difference between:
 (i) the sum of the payments of compensation affected pension made to the person for a day or days in the periodic payments period or the lump sum preclusion period; and
 (ii) the sum of the payments of compensation affected pension that would have been made to the person for any such day or days had those payments been made at the rate to which the payments were reduced as a result of the operation of subsection 59T(1);
 (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 is eligible for a compensation affected pension, or a compensation affected payment (under the Social Security Act), for a day or days in:
 (i) unless subparagraph (ii) applies—the periodic payments period in