Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) the incapacitated person has not received any payment in respect of his or her entitlement mentioned in paragraph 417(1)(b); and
(b) the incapacitated person's benefits under the scheme have not been deferred; and
(c) the Commission has received the details mentioned in paragraph 418(2)(b).
Note: Under paragraph 418(2)(b), the administrator is required to give the Commission details of either or both the amount of the pension or lump sum that is payable to the incapacitated person.
(2) The Commission must do the following within 2 working days after receiving the details:
(a) determine whether an overpayment of compensation to the incapacitated person has occurred;
(b) if it determines that no overpayment has occurred--give a written notice to the administrator stating that fact;
(c) otherwise--give a written notice to the administrator:
(i) stating the amount of the overpayment; and
(ii) requiring the administrator to pay that amount to the Commonwealth in accordance with section 421.
(3) The Commission must not reduce the rate or amount of compensation payable to the incapacitated person under this Act until it has given the notice mentioned in paragraph (2)(b) or (c) to the administrator.
(4) For the purposes of subparagraph (2)(c)(i), the amount of the overpayment is the difference between:
(a) the total amount of compensation paid under Part 3, 4 or 5 of Chapter 4 after the incapacitated person ceased his or her employment; and
(b) the total amount of compensation that should have been paid to the incapacitated person under that Part having regard to:
(ia) Division 7 of Part 3 of Chapter 4 (compensation where a Commonwealth superannuation benefit is received); or
(i) Subdivision D of Division 2 of Part 4 of Chapter 4 (compensation where a Commonwealth superannuation benefit is received); or
(ii) section 204 (reduction in rate of Special Rate Disability Pension).