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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 116B

Amount of compensation for person receiving only Commonwealth superannuation pension

             (1)  If paragraph 89A(a) applies to a person, the amount of compensation that the Commonwealth is liable, under section 85, 86 or 87, to pay to the person for a week is worked out using the following formula:

             (2)  In this Division:

Division 1 compensation amount for a person for a week means the amount of compensation the person would have been paid for the week if subsection 89(1) had applied.

"superannuation pension amount" for a person who receives a pension for a week under a Commonwealth superannuation scheme means:

                     (a)  if the scheme identifies a part of the pension as attributable to the contributions made under or to the scheme by the Commonwealth or a Commonwealth authority--the amount of that part; or

                     (b)  in any other case, either:

                              (i)  the amount assessed by the Commission to be the part of the pension that is attributable to the contributions made under or to the scheme by the Commonwealth or a Commonwealth authority; or

                             (ii)  if such an assessment cannot be made--the amount of the pension received by the person for the week.



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