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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 417

Application of section 418

  (1)   Section   418 applies if:

  (a)   a person (the incapacitated person ) ceases his or her employment; and

  (b)   the incapacitated person is or might be entitled to either or both a pension or a lump sum under a Commonwealth superannuation scheme; and

  (c)   subsection   (2) applies to the incapacitated person.

  (2)   This subsection applies to the incapacitated person if:

  (a)   without limiting paragraph   (b):

  (i)   the Commission made a determination in relation to the incapacitated person under section   89B or 126A; and

  (ii)   the determination has been revoked; and

  (iii)   the incapacitated person has begun to receive or has received a benefit under a Commonwealth superannuation scheme; or

  (b)   the Commission is of the opinion that it might pay, or might have paid, more compensation under Part   3, 4 or 5 of Chapter   4 to the incapacitated person than he or she is entitled to receive because of:

  (i)   Division   7 of Part   3 of Chapter   4 (compensation where a Commonwealth superannuation benefit is received); or

  (ii)   Subdivision D of Division   2 of Part   4 of Chapter   4 (compensation where a Commonwealth superannuation benefit is received); or

  (iii)   section   204 (reduction in rate of Special Rate Disability Pension).


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