Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p12
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 12/35)
Character Range: 66794–69675

preliminary notice—the recovery notice under this section in relation to the matter.

"(5) If:

    (a) the person claiming compensation is a member of a couple; and

    (b) the person's partner receives or claims a compensation affected pension, or a compensation affected payment (under the Social Security Act), for the periodic payments period or the lump sum preclusion period;

the recoverable amount is equal to the smallest of the following amounts:

    (c) the amount obtained by adding the pension payments, or (if the person's pension has a dependent child component) the compensation affected components of the pension payments, made to the person for the periodic payments period or the lump sum preclusion period to:

        (i) the pension payments, or (if the partner's pension has a dependent child component) the compensation affected components of the pension payments, made to the person's partner for the periodic payments period or the lump sum preclusion period; or

        (ii) the compensation affected payments made under the Social Security Act to the person's partner for the periodic payments period or the lump sum preclusion period;

    (d) the compensation part of the lump sum payment or the sum of the amount of the periodic compensation payments;

    (e) the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving:

        (i) a preliminary notice under section 59Y in relation to the matter; or

        (ii) if the compensation payer has not received a preliminary notice—the recovery notice under this section in relation to the matter.

"(6) A notice under this section must contain a statement of the effect of section 59ZD so far as it relates to a recovery notice.

"(7) This section applies to an amount payable by way of compensation in spite of any law of a State or Territory (however expressed) under which the compensation is inalienable.

Preliminary notice or recovery notice suspends liability to pay compensation

"59ZB. If a compensation payer has been given a preliminary notice under section 59Y or a recovery notice under section 59ZA in relation to the compensation payer's liability, or possible liability, to pay compensation, the compensation payer is not liable to pay that compensation while the notice has effect.

Compensation payer's payment to Commonwealth discharges liability to compensation recipient

"59ZC. If the Commonwealth is paid an amount that a compensation payer is liable to pay under section 59ZA in relation to a person, the compensation payer's liability to pay compensation to the person is discharged to the extent of that amount.

Offence to make compensation payment after receiving preliminary notice or recovery payment

"59ZD.(1) If a compensation payer has been given a preliminary notice under section 59Y or