Document ID: chunk:federal_register_of_legislation:F2016L00652:reg:85:p2
Version: federal_register_of_legislation:F2016L00652
Segment Type: reg
Provision Reference: reg 85 (pt 2/2)
Character Range: 163729–165274

the superannuation scheme have been deferred.
 (6) When Comcare receives from the administrator of the superannuation scheme particulars of the rate of pension, or the lump sum, or the rate of pension and the lump sum, payable to the covered person, Comcare must, within 2 working days after receiving those particulars:
 (a) determine whether an overpayment of compensation to the covered person has occurred; and
 (b) give written notice to the covered person:
 (i) if it determines that no overpayment has occurred—stating that fact; or
 (ii) otherwise—stating the amount of the overpayment and that the covered person is required to pay that amount to the Commonwealth.
 (7) The amount to be stated in the notice under subparagraph (6)(b)(ii) is the amount by which the sum of the amounts of any compensation paid after the cessation or retirement referred to in subsection (1) exceeds the sum of the amounts of compensation that should have been paid because of section 31, 32 or 33, as the case requires.
 (8) If an amount is stated in the notice in accordance with subparagraph (6)(b)(ii), the covered person is liable to pay the amount to the Commonwealth.
 (9) Comcare must not reduce the rate or amount of compensation payable to the covered person under the scheme until it has given the covered person the notice referred to in subsection (6).
 (10) In this section:
working day, in relation to a notice to be given by Comcare, means a day other than a Saturday, a Sunday, or a day that is a public holiday in any State or Territory.