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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 116C

Amount of compensation for person who has received only Commonwealth superannuation lump sum

  (1)   If paragraph   89A(b) 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:

Start formula Person's Division 1 compensation amount minus start fraction Person's superannuation lump sum amount over Person's superannuation age-based number end fraction end formula

  (2)   In this Division:

"superannuation age-based number" for a person who receives a lump sum under a Commonwealth superannuation scheme means the number that is advised by the Australian Government Actuary by reference to the person's age on the day on which the lump sum is paid.

"superannuation lump sum amount" for a person who receives a lump sum under a Commonwealth superannuation scheme means:

  (a)   if the scheme identifies a part of the lump sum 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 lump sum 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 lump sum.

Note:   Subsection   116B(2) defines Division   1 compensation amount .


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