Document ID: chunk:federal_register_of_legislation:C2024C00866:section:59r
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 59R
Character Range: 1108527–1110996

59R  Person may have to repay amount where both lump sum and pension have been received
 (1) If:
 (a) a person receives compensation in the form of a lump sum; and
 (b) the person receives payments of a compensation affected pension for any day or days in the lump sum preclusion period;
the Commission may, by written notice to the person, determine that the person is liable to pay to the Commonwealth the amount specified in the notice.
Note: For lump sum preclusion period see subsections 59Q(3) to (7).
 (2) The amount specified in the notice is the recoverable amount and is worked out:
 (a) if the person receives compensation in the form of a lump sum before 20 March 1997—under subsections (3) and (4); or
 (b) if the person receives compensation in the form of a lump sum on or after 20 March 1997—under subsection (5).
 (3) If the person receives compensation in the form of a lump sum before 20 March 1997 and:
 (a) the person is not a member of a couple; or
 (b) the person is a member of a couple and the person's partner:
 (i) is not eligible for a compensation affected pension; or
 (ii) is not qualified for a compensation affected payment under the Social Security Act;
the recoverable amount is equal to the smaller of:
 (c) the compensation part of the lump sum; and
 (d) the sum of the pension payments made to the person for the lump sum preclusion period.
 (4) If:
 (aa) the person receives compensation in the form of a lump sum before 20 March 1997; and
 (a) the person is a member of a couple; and
 (b) the person's partner:
 (i) is eligible for a compensation affected pension; or
 (ii) is qualified for a compensation affected payment under the Social Security Act;
the recoverable amount is equal to the smaller of:
 (c) the compensation part of the lump sum; and
 (d) the amount obtained by adding the pension payments made to the person for the lump sum preclusion period to:
 (i) the pension payments made to the person's partner for the lump sum preclusion period; or
 (ii) the compensation affected payments made under the Social Security Act to the person's partner for the lump sum preclusion period.
 (5) If the person receives compensation in the form of a lump sum on or after 20 March 1997, the recoverable amount is equal to the smaller of:
 (a) the compensation part of the lump sum; and
 (b) the sum of the payments of the compensation affected pension made to the person for a day or days in the lump sum preclusion period.