Legislation, Legislation In force, Commonwealth Legislation
Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994 (Cth)
An Act to amend the Veterans' Entitlements Act 1986, and for related purposes The Parliament of Australia enacts: [Assented to 16 December 1994] PART 1—PRELIMINARY Short title 1.
Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994
No. 164 of 1994
TABLE OF PROVISIONS
PART 1—PRELIMINARY
Section
1. Short title
2. Commencement
PART 2—AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986
Division 1—Principal Act
3. Principal Act
Division 2—Compensation recovery
4. Insertion of section:
5NB. Compensation recovery definitions
5. Invalidity service pension may not be payable in some circumstances
6. Partner service pension may not be payable in some circumstances
TABLE OF PROVISIONS—continued
Section
7. Carer service pension may not be payable in some circumstances
8. Application of income and assets test reductions for income tax purposes
9. Rate of age, invalidity, partner and carer service pension (no dependent children)
10. Rate of age, invalidity, partner and carer service pension (dependent child or children)
11. Date of effect of adverse determination
12. Insertion of Part:
PART IIIC—COMPENSATION RECOVERY
Division 1—General
59M. General effect of Part
59N. Certain lump sums to be treated as though they were received as periodic payments
590. Effect of certain State and Territory laws
Division 2—Enforcement of compensation rights
59P. Commission may require person to take action to obtain compensation
Division 3—Receipt of compensation
59Q. Pension etc. not payable during lump sum preclusion period
59R. Person may have to repay amount where both lump sum and pension have been received
59S. Lump sum compensation not counted as ordinary income
59T. Reduction of certain pensions where periodic compensation payments received
59U. Claim for compensation affected pension granted to person qualified for compensation affected payment under Social Security Act
59V. Rate reduction under both income/assets test and this Part
59W. Person may have to repay amount where both periodic compensation payments and pension have been received
59X. Periodic compensation payments not counted as ordinary income
Division 4—Compensation payers
59Y. Commission may send preliminary notice to potential compensation payer
59Z. Potential compensation payer must notify Department of liability
59ZA. Commission may send recovery notice to compensation payer
59ZB. Preliminary notice or recovery notice suspends liability to pay compensation
59ZC. Compensation payer's payment to Commonwealth discharges liability to compensation recipient
59ZD. Offence to make compensation payment after receiving preliminary notice or recovery payment
Division 5—Insurers
59ZE. Commission may send preliminary notice to insurer
59ZF. Insurer must notify Department of liability
59ZG. Commission may send recovery notice to insurer
59ZH. Preliminary notice or recovery notice to insurer suspends both insurer's and compensation payer's liability
59ZI. Insurer's payment to Commonwealth discharges liability
TABLE OF PROVISIONS—continued
Section
59ZJ. Offence to make compensation payment after receiving preliminary notice or recovery notice
Division 6—Miscellaneous
59ZK. Commission may give recovery notice either to compensation payer or to insurer but not to both 59ZL. Commission may disregard some payments
59ZM. Part to bind Crown
Division 3—Income support supplement
13. Compensation recovery definitions
14. Restrictions on dual pensions
15. Insertion of section:
45AB. Eligibility for income support supplement (caring for handicapped person)
16. Income support supplement may not be payable in some circumstances
17. Restrictions on dual pensions
18. Application of income and assets test reductions for income tax purposes
19. Rate of income support supplement (no dependent children)
20. Rate of income support supplement (dependent child or children)
21. Method of calculating rate at which income support supplement would have been payable in certain circumstances
22. Indexed and adjusted amounts
23. Date of effect of adverse determination
24. General effect of Part
25. Eligibility
26. Further amendments
27. Consequential amendments of other Acts
Division 4—Funeral benefits
28. Insertion of section:
98B. Funeral benefits—automatic grant to estate of certain deceased veterans
29. Further funeral benefits—veterans
30. Repeal of section 99A
31. Time for applying for funeral benefit
Division 5—Payment of expenses incurred by applicants to Veterans' Review Board
32. Application
33. Interpretation
34. Insertion of sections:
170A. Medical expenses
170B. Travelling expenses for obtaining medical evidence
170C. Advance of travelling expenses
Division 6—Membership of the Veterans' Review Board
35. Appointment of members of Board
Division 7—Partner service pension
36. Heading to Subdivision D of Division 7 of Part III
37. Rate of age, invalidity, partner and carer service pension (no dependent children)
38. Rate of age, invalidity and partner service pension (blind persons)
TABLE OF PROVISIONS—continued
Section
Division 8—Education entry payment
39. Insertion of Part:
PART VIIAA—EDUCATION ENTRY PAYMENT
118AA. Eligibility
118AAB. Need for a claim
118AAC. Entitlement to and amount of payment
118AAD. Payment to be refunded
Division 9—Refugee's eligibility for service pension
40. Index of definitions
41. Eligibility related definitions
42. Eligibility for age service pension
43. Eligibility for invalidity service pension
44. New Schedule
Division 10—Pharmaceutical allowance
45. Rate of age, invalidity, partner and carer service pension (no dependent children)
46. Rate of age, invalidity, partner and carer service pension (dependent child or children)
47. Rate of age and invalidity service pension (blinded veterans)
48. Rate of partner service pension for widows, widowers and non-illness separated spouses
49. Automatic rate reduction—recipient not complying with section 54 notification obligations
50. Age, invalidity and partner service pensions generally portable
51. Eligibility for pharmaceutical allowance
Division 11—Pension not payable because of nil rate
52. Rate increase determination
53. Insertion of section:
56EB. Cancellation determination where pension not payable
54. Insertion of sections:
196ZN. Medical expenses
196ZO. Travelling expenses for obtaining medical evidence
196ZP. Advance of travelling expenses
PART 3—AMENDMENTS OF THE VETERANS' AFFAIRS (1994-95 BUDGET MEASURES)
LEGISLATION AMENDMENT ACT 1994
55. Principal Act
56. Repeal and substitution of sections:
42. Rent definitions
43. General definitions
57. Creation of new Part
58. Repeal and substitution of section:
46. Appropriation
59. Schedule 3
PART 4—AMENDMENTS OF OTHER ACTS
60. Consequential amendments
TABLE OF PROVISIONS—continued
SCHEDULE 1
AMENDMENTS OF RATE CALCULATOR IN SECTION 45X OF THE VETERANS'
ENTITLEMENTS ACT 1986
PART 1—MODULES TO BE SUBSTITUTED FOR MODULES B AND C
PART 2—MODULE TO BE ADDED AT END OF CALCULATOR
SCHEDULE 2
AMENDMENTS OF RATE CALCULATOR IN SECTION 45Y OF THE VETERANS'
ENTITLEMENTS ACT 1986
PART 1—MODULES TO BE SUBSTITUTED FOR MODULES B AND C
PART 2—MODULE TO BE ADDED AT END OF CALCULATOR
SCHEDULE 3
FURTHER AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986
RELATING TO DIVISION 3 OF PART 2
SCHEDULE 4
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS RELATING TO
DIVISION 3 OF PART 2
SCHEDULE 5
SCHEDULE TO BE INSERTED IN THE VETERANS' ENTITLEMENTS ACT 1986
SCHEDULE 6
CONSEQUENTIAL AMENDMENTS OF OTHER ACTS RELATING TO PART 4
Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994
No. 164 of 1994
An Act to amend the Veterans' Entitlements Act 1986, and for related purposes
The Parliament of Australia enacts:
[Assented to 16 December 1994]
PART 1—PRELIMINARY
Short title
1. This Act may be cited as the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994.
Commencement
2.(1) Part 1, Divisions 1 and 11 of Part 2 and Parts 3 and 4 commence on the day on which this Act receives the Royal Assent.
(2) Division 5 of Part 2 is taken to have commenced on 1 July 1994.
(3) Divisions 3 and 7 of Part 2 commence on 20 March 1995, immediately after the commencement of Divisions 6 and 7 of Part 2 of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994.
(4) The remaining provisions commence on 1 January 1995.
PART 2—AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986
Division 1—Principal Act
Principal Act
3. In this Part, "Principal Act" means the Veterans' Entitlements Act 19861.
Division 2—Compensation recovery
Insertion of section
4. After Section 5NA of the Principal Act the following section is inserted:
Compensation recovery definitions
"5NB.(1) In this Act, unless the contrary intention appears: 'average weekly earnings', in relation to a lump sum preclusion period, means the amount:
(a) estimated as the average total weekly earnings, during a particular month, of all employees (all persons) in Australia; and
(b) last published by the Australian Statistician before the lump sum compensation payment became payable;
Note: For 'lump sum preclusion period' see subsections 59Q(3) to (7).
'compensation' has the meaning given by subsection (2);
Note: See also section 590.
'compensation affected component', in relation to an amount of compensation affected pension that has a dependent child component, means that part of the amount of pension that is not the dependent child component;
Note: For "dependent child component' see this subsection.
'compensation affected pension' means:
(a) an invalidity service pension; or
(b) a partner service pension; or
(c) a carer service pension;
payable to a person who has not reached pension age;
Note: For 'pension age' see sections 5QA and 5QB.
'compensation part', in relation to a lump sum compensation payment, has the meaning given by subsections (7) and (8);
'compensation payer' means:
(a) a person who is liable to make a compensation payment; or
(b) an authority of a State or Territory that has determined that it will make a payment by way of compensation to another person, whether or not the authority is liable to make the payment;
'dependent child component', in relation to an amount of compensation affected pension payable to a person who has a dependent child, means:
(a) any additional amount for dependent children or any amount for rent assistance that, in working out the rate of the pension, was added to the person's maximum basic rate; or
(b) if any amount referred to in paragraph (a) was reduced because an income test or asset test was applied in working out the rate of the pension—that amount as so reduced;
Note 1: For the method of working out the pension rate, the maximum basic rate and the amount for dependent children and rent assistance, see Modules A, B, C and D of the Rate Calculators at the end of sections 42 and 43.
Note 2: For the application of income tests and assets tests, see Modules A, E, F and G of the Rate Calculator at the end of section 42.
'event that gives rise to an entitlement to compensation' has the meaning given by subsection (11);
'periodic payments period' means:
(a) in relation to a series of periodic payments—the period in respect of which the payments are, or are to be, made; and
(b) in relation to a payment of arrears of a series of periodic payments—the period in respect of which those periodic payments would have been made if they had not been made by way of an arrears payment;
Note: Arrears of periodic compensation payments are normally treated as reducing, on a dollar for dollar basis, a payment under this Act that is covered by Part IIIC because these compensation payments are not lump sum compensation payments: see subsection 5NB(1) and sections 59T and 59W.
'potential compensation payer' means a person who, in the Commission's opinion, may become a compensation payer;
'receives compensation' has the meaning given by subsection (10).
Compensation
"(2) For the purposes of Part IIIC, 'compensation' means:
(a) a payment of damages or compensation; or
(b) a payment under a scheme of insurance or compensation under a law of the Commonwealth or of a State or Territory, or under a contract entered into under such a scheme; or
(c) a payment (with or without admission of liability) in settlement of a claim for damages or of a claim under such an insurance scheme;
made wholly or partly in respect of lost earnings or lost capacity to earn. The payment may be in the form of a lump sum (or part of a lump sum) or in the form of a series of periodic payments and may be made either within or outside Australia, but it does not include any payment that, under subsection (3), (4), (5) or (6), is excluded from the application of this subsection.
Note: Under section 590, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law.
"(3) Subsection (2) does not apply to a periodic payment or a lump sum payment referred to in paragraph 26(1)(b) or (2)(b) or subsection 30(3).
"(4) Subsection (2) does not apply to a compensation payment if:
(a) the recipient has made contributions (for example, by way of insurance premiums) towards the payment; and
(b) the agreement under which the contributions are made does not provide that the amounts that would otherwise be payable under the agreement are to be reduced or are not payable because the recipient is eligible for or receives the compensation affected pension under this Act.
"(5) Subsection (2) does not apply to any payment of compensation made to a person that was taken into account under Division 5 A of Part II to reduce the amount, or stop the payment, of a pension that, apart from that Division, would have been payable to the person under that Part.
"(6) Subsection (2) does not apply to any payment of compensation made to a person that was taken into account under Division 4 of Part IV to reduce the amount, or stop the payment, of a pension that, apart from that Division, would have been payable to the person under that Part.
Compensation part of a lump sum
"(7) For the purposes of Part IIIC, the compensation part of a lump sum compensation payment is:
(a) 50% of the payment if the following circumstances apply:
(i) the payment is made (either with or without admission of liability) in settlement of a claim that is, in whole or in part, related to a disease, injury or condition; and
(ii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise, on or after 9 February 1988; or
(b) 50% of the payment if the following circumstances apply:
(i) the payment represents that part of a person's entitlement to periodic compensation payments that the person has chosen to receive in the form of a lump sum; and
(ii) the entitlement to periodic compensation payments arose from the settlement (either with or without admission of liability) of a claim that is, in whole or in part, related to a disease, injury or condition; and
(iii) the claim was settled, either by consent judgment being entered in respect of the settlement or otherwise, on or after 9 February 1988; or
(c) if paragraphs (a) and (b) do not apply—so much of the payment as is, in the Commission's opinion, in respect of lost earnings or lost capacity to earn.
"(8) If a person:
(a) has received periodic compensation payments in respect of lost earnings or lost capacity to earn; and
(b) after receiving those payments, receives a lump sum compensation payment in respect of the lost earnings or lost capacity to earn (the 'LSP'); and
(c) because of receiving the LSP, becomes liable to repay an amount (the Repaid Periodic Compensation Payment—'RPCP') equal to the periodic compensation payments received;
then, for the purposes of subsection (7), the amount of the lump sum compensation payment is:
"(9) For the purposes of Part IIIC, a payment of arrears of periodic compensation payments is not a lump sum compensation payment.
Note: For the treatment of a payment of arrears of periodic compensation payments where, at the time of the event that gave rise to the compensation payments, the person was receiving a payment under this Act that is covered by Part IIIC, see points 41-D2B and 42-E2B.
Receives compensation
"(10) A person receives compensation whether he or she receives it directly or whether another person receives it, on behalf of, or at the direction of the first person.
Event giving rise to entitlement
"(11) For the purposes of Part IIIC, the event that gives rise to a person's entitlement to compensation for a disease, injury or condition is:
(a) if the disease, injury or condition was caused by an accident—the accident; or
(b) in any other case—the disease, injury or condition first becoming apparent;
and is not, for example, the decision or settlement under which the compensation is payable.
Insurer
"(12) A reference in Part IIIC to an insurer who is, under a contract of insurance, liable to indemnify a compensation payer or a potential compensation payer against a liability arising from a claim for compensation includes a reference to:
(a) an authority of a State or Territory that is liable to indemnify a compensation payer against such a liability, whether the authority is so liable under a contract, a law or otherwise; or
(b) an authority of a State or Territory that determines to make a payment to indemnify a compensation payer against such a liability, whether or not the authority is liable to do so.".
Invalidity service pension may not be payable in some circumstances
5. Section 37A of the Principal Act is amended by adding at the end the following word and paragraph:
"or (f) the person or the person's partner is entitled to receive compensation (see Division 3 of Part IIIC)".
Partner service pension may not be payable in some circumstances
6. Section 38A of the Principal Act is amended by adding at the end the following word and paragraph:
"or (f) the person or the person's partner is entitled to receive compensation (see Division 3 of Part IIIC)".
Carer service pension may not be payable in some circumstances
7. Section 39A of the Principal Act is amended by adding at the end the following word and paragraph:
"or (g) the person or the person's partner is entitled to receive compensation (see Division 3 of Part IIIC)".
Application of income and assets test reductions for income tax purposes
8. Section 40C of the Principal Act is amended:
(a) by inserting after subsection (1) the following subsections:
"(1A) If:
(a) the rate of a service pension applicable to a person who has no dependent children is increased under the rent assistance Module of a Rate Calculator or the pharmaceutical allowance Module of a Rate Calculator; and
(b) an amount of that pension is to be reduced under section 59T (compensation recovery);
the reduction is to be applied:
(c) first, to that part of the amount that does not include any increase under the rent assistance Module or the pharmaceutical allowance Module; and
(d) then, to the amount of any increase under the rent assistance Module; and
(e) finally, to the amount of any increase under the pharmaceutical allowance Module.
"(1B) If:
(a) the rate of a service pension applicable to a person who has dependent children is increased under the pharmaceutical allowance Module of a Rate Calculator; and
(b) an amount of that pension or the compensation affected component of such an amount is to be reduced under section 59T (compensation recovery);
the reduction is to be applied:
(c) first, to that part of the amount or of the compensation affected component that does not include the increase under the pharmaceutical allowance Module; and
(d) then, to the amount of the increase under the pharmaceutical allowance Module.";
(b) by omitting from subsection (2) "subsection (1)" and substituting "subsections (1), (1A) and (IB)".
Rate of age, invalidity, partner and carer service pension (no dependent children)
9. The Rate Calculator in section 41 of the Principal Act is amended by inserting after point 41-D2A the following point:
Payment of arrears of periodic compensation payments
"41-D2B. If:
(a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving a compensation affected pension; and
(b) in relation to the entitlement, the person receives a payment ('arrears payment') of arrears of periodic compensation;
the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount of the arrears payment by the number of days in the periodic payments period.
Note: For 'event that gives rise to an entitlement to compensation' and 'periodic payments period' see section 5NB.".
Rate of age, invalidity, partner and carer service pension (dependent child or children)
10. The Rate Calculator in section 42 of the Principal Act is amended by inserting after point 42-E2A the following point:
Payment of arrears of periodic compensation payments
"42-E2B. If:
(a) at the time of an event that gives rise to an entitlement of a person to compensation, the person is receiving a compensation affected pension; and
(b) in relation to the entitlement, the person receives a payment ('arrears payment') of arrears of periodic compensation;
the person is taken to receive on each day in the periodic payments period an amount calculated by dividing the amount of the arrears payment by the number of days in the periodic payments period.
Note: For 'event that gives rise to an entitlement to compensation' and 'periodic payments period' see section 5NB.".
Date of effect of adverse determination
11. Section 56H of the Principal Act is amended:
(a) by omitting from subsection (3) "and (6)" and substituting ", (6), (7) and (8)";
(b) by adding at the end of section 56H the following subsections:
Payment of arrears of periodic compensation payments—suspension or cancellation
"(7) If:
(a) an adverse determination is made in relation to a person because of point 41-D2B or 42-E2B (payment of arrears of periodic compensation payments); and
(b) a service pension has been paid to the person or to the person's partner when, because of the payment of arrears of periodic compensation, the pension should have been cancelled or suspended;
the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.
Payment of arrears of compensation payments—rate reduction
"(8) If:
(a) an adverse determination is made in relation to a person because of point 41-D2B or 42-E2B (payment of arrears of periodic compensation payments); and
(b) an amount of service pension was paid to the person or to the person's partner that, because of the payment of arrears of periodic compensation, was more than the amount that should have been paid;
the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.".
Insertion of Part
12. After Section 59L of the Principal Act the following Part is inserted:
"PART IIIC—COMPENSATION RECOVERY
"Division 1—General
General effect of Part
"59M.(1) If:
(a) a person is or may be entitled to, or receives, compensation; and
(b) the person has not reached pension age;
any of the following pensions payable to the person or the person's partner might be affected under this Part:
(c) invalidity service pension;
(d) partner service pension;
(e) carer service pension.
Note 1: For 'pension age' see sections 5QA and 5QB.
Note 2: These pensions are defined in section 5NB as 'compensation affected pensions'.
"(2) If the person is or may be entitled to compensation and does not take reasonable action to claim or obtain the compensation, the pension or (if the pension has a dependent child component) the compensation affected component of the pension may not be payable to the person.
"(3) If the compensation is in the form of a lump sum, the pension or (if the pension has a dependent child component) the compensation affected component of the pension may cease to be payable for a period (based on the amount of the lump sum) and some or all of that part may be repayable.
Note 1: Under section 59N, certain lump sum payments may be treated as though they were received as periodic payments.
Note 2: Under section 590, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law.
"(4) If the compensation is in the form of a series of periodic payments, the pension or (if the pension has a dependent child component) the compensation affected component of the pension may be reduced for the period for which the payments are received.
Note 1: Under section 59N, certain lump sum payments may be treated as though they were received as periodic payments.
Note 2: Under section 590, a person may be treated as having received compensation that the person would have received but for the effect of a State or Territory law.
"(5) An invalidity service pension or a partner service pension will only be affected under this Part if:
(a) the compensation is received on or after 1 January 1995; and
(b) the claim for the pension was made on or after 1 May 1987.
"(6) A carer service pension will only be affected under this Part if:
(a) the compensation is received on or after 1 January 1995; and
(b) the claim for the pension was made on or after 1 January 1993.
"(7) This Part operates in certain specified circumstances to affect a person's compensation affected pension because of compensation received by the person or the person's partner. This Part is not intended to contain any implication that, in addition to those specified circumstances, there needs to be some connection between the circumstances that give rise to the person's eligibility for the pension and the circumstances that give rise to the person's or the partner's compensation.
Certain lump sums to be treated as though they were received as periodic payments
"59N. If:
(a) a person is entitled to periodic payments under a law of a State or Territory; and
(b) the person's entitlement to the periodic payments is converted under the law of the State or Territory into an entitlement to a lump sum; and
(c) the lump sum is calculated by reference to a period; and
(d) the lump sum is to be paid to the person in 2 or more instalments;
this Part applies to the person as if:
(e) the person had not received the instalments; and
(f) the person had received, in each fortnight during the period, a periodic compensation payment equal to:
where:
'lump sum amount' is the amount of the lump sum referred to in paragraph (b);
'number of fortnights in the period' is the number of whole fortnights in the period referred to in paragraph (c).
Effect of certain State and Territory laws
"59O. If:
(a) a law of a State or Territory provides for the payment of compensation; and
(b) that law includes a provision to the effect that a person's compensation under the law is to be or may be reduced or cancelled if the person is eligible for or receives payments under this Act;
this Part applies as if the person had received under that law the compensation that the person would have received if the provision referred to in paragraph (b) had not been enacted.
"Division 2—Enforcement of compensation rights
Commission may require person to take action to obtain compensation
"59P.(1) If:
(a) a person is receiving a compensation affected pension; and
(b) the person or the person's partner is entitled or may, in the Commission's opinion, be entitled to compensation; and
(c) the person or the partner has not taken:
(i) any action to claim or obtain the compensation; or
(ii) any action that the Commission considers reasonable to claim or obtain the compensation;
the Commission may require the person or the partner to take the action specified by the Commission.
"(2) If:
(a) a person is eligible for a compensation affected pension; and
(b) the person or the person's partner is entitled or may, in the Commission's opinion, be entitled to compensation; and
(c) the person or the partner has not taken:
(i) any action to claim or obtain the compensation; or
(ii) any action that the Commission considers reasonable to claim or obtain the compensation;
the Commission may require the person or the partner to take the action specified by the Commission.
"(3) Even though a person has entered into an agreement to give up the person's right to compensation, the Commission may form the opinion that the person may be entitled to compensation if the Commission is satisfied that the agreement is void, ineffective or unenforceable.
"(4) For the purposes of subsection (3), a person enters into an agreement to give up the person's right to compensation if the person:
(a) enters into an agreement to waive the person's right to compensation; or
(b) enters into an agreement to withdraw the person's claim for compensation.
"(5) The action specified by the Commission is to be the action that the Commission considers reasonable to enable the person to claim or obtain the compensation.
" (6) If, under subsection (1), the Commission requires a person who has been granted a pension to take action to claim or obtain compensation, the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person unless the person complies with the requirement.
Note: For 'dependent child component' and 'compensation affected component' see subsection 5NB(1).
"(7) If, under subsection (1), the Commission requires the partner of a person who has been granted a pension to take action to obtain or claim compensation, the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person unless the partner complies with the requirement.
Note: For 'dependent child component' and 'compensation affected component' see subsection 5NB(1).
"Division 3—Receipt of compensation
Pension etc. not payable during lump sum preclusion period
Person not member of a couple
"59Q.(1) If:
(a) a person is eligible for a compensation affected pension; and
(b) the person is not a member of a couple; and
(c) the person receives compensation in the form of a lump sum (whether before or after the person became eligible for the pension);
the pension or (if the pension has a dependent child component) the compensation affected component of the pension is not payable to the person for the lump sum preclusion period.
Note 1: For 'compensation affected pension', 'dependent child component
