Document ID: chunk:federal_register_of_legislation:C2004A04837:section:530:p17
Version: federal_register_of_legislation:C2004A04837
Segment Type: section
Provision Reference: s 530 (pt 17/35)
Character Range: 79682–82462

the notice.

"(3) The amount determined by the Commission under paragraph (2)(a) may not be more than the smallest of the amounts worked out under:

    (a) if the person claiming compensation is not a member of a couple— subsection 59ZG(4); or

    (b) if the person claiming compensation is a member of a couple— subsection 59ZG(5).

"Division 6—Miscellaneous

Commission may give recovery notice either to compensation payer or to insurer but not to both

"59ZK.(1) The Commission is not to give a recovery notice to an insurer (under section 59ZG) about a matter if there is a recovery notice to a compensation payer (under section 59ZA) in force in relation to the same matter.

"(2) The Commission is not to give a recovery notice to a compensation payer (under section 59ZA) about a matter if there is a recovery notice to an insurer (under section 59ZG) in force in relation to the same matter.

Commission may disregard some payments

"59ZL.(1) For the purposes of this Part, the Commission may treat the whole or part of a compensation payment as:

    (a) not having been made; or

    (b) not liable to be made;

if the Commission thinks it is appropriate to do so in the special circumstances of the case.

"(2) If:

    (a) a person is eligible for a compensation affected pension; and

    (b) the person's partner receives compensation; and

    (c) the set of circumstances giving rise to the compensation are not related to the set of circumstances that give rise to the person's eligibility for the compensation affected pension;

the fact that those 2 sets of circumstances are unrelated does not in itself constitute special circumstances for the purposes of subsection (1).

Part to bind Crown

"59ZM. This Part binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.".

Division 3—Income support supplement

Compensation recovery definitions

13. Section 5NB of the Principal Act is amended:

    (a) by omitting from paragraph (a) of the definition of "dependent child component" in subsection (1) "added to the person's maximum basic rate; or" and substituting the following word and subparagraphs:

"added:

        (i) in the case of a service pension—to the person's maximum basic rate; or

        (ii) in the case of income support supplement—to the person's provisional rate; or";

    (b) by inserting in Note 1 after the definition of "compensation affected component" in subsection (1) "(in the case of a service pension)" after "see";

    (c) by adding at the end of Note 1 after the definition of "compensation affected component" in subsection (1) "and (in the case of income support supplement) Modules B, F and G of the Rate Calculator at