Commonwealth Consolidated Acts

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HEALTH AND OTHER SERVICES (COMPENSATION) ACT 1995 - SECT 27

Limit on total amount payable in respect of amounts of compensation

  (1)   Despite any other provision of this Act, and despite the Charges Act, if the sum of all the amounts that are payable under this Act or the Charges Act in respect of the amount of compensation fixed by a judgment or settlement would, apart from this section, exceed the difference between:

  (a)   the amount of compensation fixed by the judgment or settlement; and

  (b)   the sum of the amounts (if any) payable under Part   3.14 of the Social Security Act 1991 in respect of the amount of compensation;

the sum of all the amounts that are payable under this Act or the Charges Act in respect of the amount of compensation is taken, for all purposes, to be the amount of the difference.

  (2)   For the avoidance of doubt, if there are no amounts of a kind referred to in paragraph   (1)(b) payable in respect of the amount of compensation, the amount of the difference referred to in subsection   (1) is taken to be the amount of compensation.



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