Document ID: chunk:federal_register_of_legislation:C2004A00839:clause:1_1181
Version: federal_register_of_legislation:C2004A00839
Segment Type: clause
Provision Reference: sch 1 cl 1181
Character Range: 24061–25561

1181  The section 1180 recoverable amount

 (1) Subject to subsection (2), the recoverable amount under this section is equal to the smaller of the following amounts:
 (a) the sum of the periodic compensation payments;
 (b) the difference between:
 (i) the sum of the compensation affected payments made to the person in relation to a day or days in the periodic payments period; and
 (ii) the sum of the compensation affected payments that would have been made to the person in relation to any such day or days had those payments been made at the rate to which the payments were reduced as a result of the operation of section 1173.

 (2) If:
 (a) a person is a member of a couple; and
 (b) the person's partner receives a compensation affected payment in relation to a day or days in the periodic payments period;
the recoverable amount under this section is equal to the smaller of the following amounts:
 (c) the sum of the periodic compensation payments;
 (d) the difference between:
 (i) the sum of the compensation affected payments made to the person and the person's partner in relation to a day or days in the periodic payments period; and
 (ii) the sum of the compensation affected payments that would have been made to the person and the person's partner in relation to any such day or days had those payments been made at the rates to which the payments were reduced as a result of the operation of sections 1173 and 1174.

Subdivision C—Recovery from compensation payers and insurers