Document ID: chunk:federal_register_of_legislation:F2013L01414:body:0:p4
Version: federal_register_of_legislation:F2013L01414
Segment Type: other
Provision Reference: 
Character Range: 8314–11159

Act.

    3.3 For this Part, if the NDIS component of compensation under a judgement or settlement includes an element that consists of periodic payments, the amount attributable to that element is taken to be:

       (a) if the amount is specified in a judgement—that amount; or

       (b) if the amount is not specified in a judgement, but the CEO is satisfied that a specified amount was paid by the defendant to ensure the provision of the periodic payments—that amount; or

       (c) otherwise—the value of the periodic payments as assessed in accordance with accepted actuarial standards, in consultation with the scheme actuary.

Compensation, or forgone compensation, to be taken into account

    3.4 If the person is already a participant and has a participant's plan, the CEO is to revise the plan.

    3.5 In considering whether or not to approve a statement of participant supports in a  plan for the participant (whether the first plan or a revised plan), the CEO is to take account of the compensation by reducing the funding for reasonable and necessary supports that would otherwise be approved by the appropriate compensation reduction amount under paragraphs 3.11 to 3.21.

    3.6 To avoid doubt, a compensation reduction amount may arise in relation to each amount of compensation fixed or foregone in respect of injury, including amounts to which different paragraphs of paragraphs 3.1(a) to (d) apply (for example, where a person receives a compensation amount awarded by a court and another amount as part of a settlement). In this case, more than 1 compensation reduction amount applies for paragraph 3.5. Paragraphs 3.15 and 3.20 set out special rules that apply when there are multiple compensation reduction amounts to which different paragraphs of paragraphs 3.1(a) to (d) apply.

    3.7 The reduction in respect of:

       (a) an amount of compensation under a judgement, settlement or agreement mentioned in paragraph 3.1(a) (b) or (d); or

       (b) a lump sum received as compensation under a scheme mentioned in paragraph 3.1 (c);

 may be amortised over a period no longer than the remainder of the participant's expected lifetime in accordance with accepted actuarial standards, in consultation with the scheme actuary.

    3.8 If requested to do so by a person who has suffered an injury and is considering a settlement or other agreement that might result in the application of this part, the CEO may advise the person in relation to the likely compensation reduction amount, or elements of the likely compensation reduction amount, that would apply in relation to the settlement or agreement.

    3.9 No action lies against the CEO or any other person in relation to advice given under paragraph 3.8.

Special circumstances

    3.10 For the purposes of paragraph 3.5, the CEO may ignore