Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 59R

  (1)   If:

  (a)   a person receives compensation in the form of a lump sum; and

  (b)   the person receives payments of a compensation affected pension for any day or days in the lump sum preclusion period;

the Commission may, by written notice to the person, determine that the person is liable to pay to the Commonwealth the amount specified in the notice.

Note:   For lump sum preclusion period see subsections   59Q(3) to (7).

  (2)   The amount specified in the notice is the recoverable amount and is worked out:

  (a)   if the person receives compensation in the form of a lump sum before 20   March 1997--under subsections   (3) and (4); or

  (b)   if the person receives compensation in the form of a lump sum on or after 20   March 1997--under subsection   (5).

  (3)   If the person receives compensation in the form of a lump sum before 20   March 1997 and:

  (a)   the person is not a member of a couple; or

  (b)   the person is a member of a couple and the person's partner:

  (i)   is not eligible for a compensation affected pension; or

  (ii)   is not qualified for a compensation affected payment under the Social Security Act;

the recoverable amount is equal to the smaller of:

  (c)   the compensation part of the lump sum; and

  (d)   the sum of the pension payments made to the person for the lump sum preclusion period.

  (4)   If:

  (aa)   the person receives compensation in the form of a lump sum before 20   March 1997; and

  (a)   the person is a member of a couple; and

  (b)   the person's partner:

  (i)   is eligible for a compensation affected pension; or

  (ii)   is qualified for a compensation affected payment under the Social Security Act;

the recoverable amount is equal to the smaller of:

  (c)   the compensation part of the lump sum; and

  (d)   the amount obtained by adding the pension payments made to the person for the lump sum preclusion period to:

  (i)   the pension payments made to the person's partner for the lump sum preclusion period; or

  (ii)   the compensation affected payments made under the Social Security Act to the person's partner for the lump sum preclusion period.

  (5)   If the person receives compensation in the form of a lump sum on or after 20   March 1997, the recoverable amount is equal to the smaller of:

  (a)   the compensation part of the lump sum; and

  (b)   the sum of the payments of the compensation affected pension made to the person for a day or days in the lump sum preclusion period.