Document ID: chunk:federal_register_of_legislation:C2024C00866:section:30c:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 30C (pt 3/4)
Character Range: 384289–386719

per fortnight of compensation.
 (5) If, under subsection (4), the rate per fortnight of compensation is equal to or exceeds the rate per fortnight of pension, pension is not payable to the person.

Pension payable to 2 or more persons
 (6) If:
 (a) a lump sum payment is made to a person or persons in respect of the incapacity of a veteran from injury or disease or the death of the veteran; and
 (b) the person or persons are taken to be in receipt of compensation under subsection (1), (2) or (3); and
 (c) apart from this subsection, pensions under this Part in respect of the same incapacity of the veteran from that or any other injury or disease, or in respect of that death, would be payable to 2 or more persons at particular rates per fortnight;
after the lump sum payment is made, the sum of those rates per fortnight of pensions is to be reduced by the rate per fortnight of compensation that the person is, or the sum of the rates per fortnight of compensation that the persons are, taken to be in receipt of.
Note: Subsections (8), (9) and (10) set out how the reduction is to be made.
 (7) If, under subsection (6), the rate or the sum of the rates per fortnight of compensation is equal to or exceeds the sum of the rates per fortnight of pensions, pensions are not payable to the persons.

How reduction is to be made
 (8) In giving effect to subsection (6), if:
 (a) pensions are payable to 2 or more persons; and
 (b) one pension is to be preferred to another under subsection (12);
the preferred pension is not to be reduced until the other pension ceases to be payable because its rate per fortnight is reduced to nil.
 (9) If:
 (a) the rate of a pension or the rates of 2 or more pensions are reduced to nil under subsection (8); and
 (b) there are 2 or more pensions that are not to be preferred to each other;
the reduction in the rate per fortnight for each of those pensions is to be worked out using the following formula:

where:
pension to be reduced is the rate per fortnight of the pension to be reduced.
pensions payable is the sum of the rates per fortnight of the pensions referred to in paragraph (b).
excess compensation payable is the rate per fortnight of compensation that is payable after the pension or pensions referred to in paragraph (a) are reduced to a nil rate.
 (10) If:
 (a) pensions are payable to 2 or more persons; and
 (b) subsections (8) and (9) do not apply;
the reduction in