Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SECT 70

70.(1) Section 17 of the Principal Act is amended:
(a) by inserting the following Note to the definition of "compensation" in
subsection (1): "Note: See also section 1163B.";

   (b)  by inserting in subsection (1) the following definitions:

" 'compensation affected payment' means:

   (a)  a disability support pension; or

   (b)  a sole parent pension; or

   (c)  a social security benefit; or

   (d)  a rehabilitation allowance payable in place of one of those; or

   (e)  a disability support wife pension; or

   (f)  a carer pension; or

   (g)  a special needs disability support pension; or

   (h)  a special needs disability support wife pension;
'disability support wife pension' means a wife pension for a woman whose
partner is receiving a disability support pension;
'event that gives rise to an entitlement to compensation' has the meaning
given by subsection (5A);";

   (c)  by inserting the following Note to subsection (2):

"Note: Under section 1163B, a person may be treated as having received
compensation that the person would have received but for the effect of a State
or Territory law.";

   (d)  by inserting after subsection (5) the following subsection:

"(5A) For the purposes of Part 3.14, the event that gives rise to a person's
entitlement to compensation for a disease, injury or condition is:

   (a)  if the disease, injury or condition was caused by an accident-the
        accident; or

   (b)  in any other case-the disease, injury or condition first becoming
        apparent; and is not, for example, the decision or settlement under
        which the compensation is payable.".

(2) Section 17 of the Principal Act is amended by omitting subsection (3A) and
substituting the following subsection:

"(3A) Paragraph (3)(d) does not apply to a compensation payment if:

   (a)  the recipient has made contributions (for example, by way of insurance
        premiums) towards the payment; and

   (b)  the agreement under which the contributions are made does not provide
        for the amounts that would otherwise be payable under the agreement
        being reduced or not payable because the recipient is eligible for or
        receives payments under this Act that are compensation affected
        payments.".