Document ID: chunk:federal_register_of_legislation:C2014C00711:clause:5_1:p2
Version: federal_register_of_legislation:C2014C00711
Segment Type: clause
Provision Reference: sch 5 cl 1 (pt 2/2)
Character Range: 26202–28065

but for paragraph 83‑175(2)(a); or
 (b) that are *early retirement scheme payments; or
 (c) that include *invalidity segments, or what would be invalidity segments included in such payments but for paragraph 82‑150(1)(c); or
 (d) that:
 (i) are paid in connection with a genuine dispute; and
 (ii) are principally compensation for personal injury, unfair dismissal, harassment, discrimination or a matter prescribed by the regulations; and
 (iii) exceed the amount that could, at the time of the termination of your employment, reasonably be expected to be received by you in consequence of the voluntary termination of your employment.
 (7) If the payment is partly an excluded payment:
 (a) subsection (4) applies as if the payment were 2 payments as follows:
 (i) first, a payment consisting only of the part of the payment that is an excluded payment;
 (ii) second, another payment, made immediately after the first payment, consisting only of the part of the payment that is not an excluded payment; and
 (b) subsection (4) applies to the second payment as if a reference in subsection (5) to the taxable component of a payment were a reference to so much of the taxable component as relates to the part of the payment that is not an excluded payment.
 (8) Despite subsections (4) and (7), the amount mentioned in subsection (4) in relation to the payment must not exceed either of the following:
 (a) the *ETP cap amount reduced (but not below zero) by the amount worked out under subsection (4) for each *life benefit termination payment you have received earlier in the income year;
 (b) the ETP cap amount reduced (but not below zero) by the amount worked out under subsection (4) for each life benefit termination payment you have received earlier in consequence of the same employment termination (whether in the income year or an earlier income year).