Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) the Commonwealth has paid a lump sum to a person under section 138 in respect of the person's incapacity for work; and
(b) either:
(i) subparagraph 138(1)(b)(i) applied and the person's condition later deteriorates to the extent that the person is no longer able to engage in work; or
(ii) subparagraph 138(1)(b)(ii) applied and the person stops receiving the pension under the Commonwealth superannuation scheme; and
(c) the Commission is satisfied that the person's incapacity is likely to continue indefinitely.
(2) The Commonwealth is liable to pay compensation under section 118 for each week during which the person continues to be incapacitated for work.
Note: This section might be affected by the following provisions:
(a) sections 50, 52 and 329 (failure to undergo examination or rehabilitation program);
(b) sections 120 and 121 (persons who are the age that is 2 years before pension age or older);
(c) section 122 (imprisonment of persons);
(d) section 196 (compensation for part weeks).
(3) The amount of compensation that the Commonwealth is liable to pay for a week is worked out using the following formula:
Note: The Commonwealth is not liable to pay compensation if the amount worked out is nil or a negative amount (see subsection 125(3)).
(4) In subsection (3):
"Subdivision C or D compensation amount" for a person for a week means the amount of compensation the person would have been paid for the week if Subdivision C or D had applied.
"weekly amount" has the same meaning as in subsection 138(3).