Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p21
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 51290–53999

(b) where the lesser of the excess or of that earnings rate is equal to or exceeds the annual rate of that pension—the pension is suspended.
"(5) If, after making a calculation for the purposes of sub-section (4), the Commissioner ascertains that an invalidity pensioner has been, or is being, paid instalments of invalidity pension, that, by virtue of that sub-section, should not have been, or be, paid or the amount of which should have been, or be, lower, then, notwithstanding that sub-section, those instalments shall be taken to have been, or be, lawfully paid.
"(6) If, after making a calculation for the purposes of sub-section (4), the Commissioner ascertains that an invalidity pensioner has, because of a previous calculation for those purposes, not been paid instalments of invalidity pension that should have been paid or been paid instalments of invalidity

pension the amount of which should have been higher, that invalidity pensioner is not entitled to be paid, but may be paid, the amount of those instalments or of the balance of those instalments, as the case may be.
"(7) Where an invalidity pensioner—
     (a) is, on the commencement of this section, in receipt of personal earnings; or
     (b) begins, after the commencement of this section, to receive personal earnings,
the pensioner, or a person acting on behalf of the pensioner, shall give the Commissioner particulars in writing of these personal earnings and an estimate of the amount of the personal earnings that the pensioner expects to receive in the next 12 months.
"(8) Where—
     (a) an estimate of the personal earnings of an invalidity pensioner has been given to the Commissioner under this Act; and
     (b) the pensioner or a person acting on behalf of the pensioner revises that estimate,
the pensioner or the person acting on behalf of the pensioner shall give to the Commissioner particulars in writing of the personal earnings of the pensioner and an estimate of those earnings for the next 12 months.
"(9) In ascertaining, for the purposes of this Act or of the superseded Act, the annual rate of an invalidity pension or the rate at which an invalidity pension is payable, any reduction or suspension under this section shall be disregarded but nothing in this sub-section or in any other provision of this Act or in any provision of the superseded Act shall be taken to imply that a person is entitled to be paid an amount not paid because of such a reduction or suspension.".

Power of the Commissioner to require invalidity pensioner to be medically examined, &c.
33. (1) Section 74 of the Principal Act is amended by omitting from sub-section (6) "sub-section 106 (3)" and substituting "sub-sections 106