Document ID: chunk:federal_register_of_legislation:C2004A00927:clause:2_49k
Version: federal_register_of_legislation:C2004A00927
Segment Type: clause
Provision Reference: sch 2 cl 49K
Character Range: 10513–11754

49K  Ex gratia payments

 (1) If:
 (a) apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and
 (b) the amount would not have become payable if Subdivisions 1 to 5 of this Division had not been amended by the Social Security and Veterans' Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and
 (c) the person has been paid an ex gratia payment from the Commonwealth in respect of that period;
the amount mentioned in paragraph (a) is not payable to the person.

 (2) If:
 (a) apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and
 (b) the amount exceeds the amount that would have been payable if Subdivisions 1 to 5 of this Division had not been amended by the Social Security and Veterans' Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and
 (c) the person has been paid an ex gratia payment from the Commonwealth in respect of that period;
the amount mentioned in paragraph (a) is reduced by the amount of the excess.

[Minister's second reading speech made in—
House of Representatives on 29 August 2001
Senate on 20 September 2001]

(158/01)