Commonwealth Numbered Acts

SOCIAL SECURITY (BUDGET AND OTHER MEASURES) LEGISLATION AMENDMENT ACT 1993 No. 121, 1993 - SCHEDULE 6

                              SCHEDULE 6            Section 80

AMENDMENTS CONSEQUENTIAL UPON SUBDIVISION B OF DIVISION 8 OF PART 2 1. After
subsection 1163(3): Insert: "Note 1: Under section 1163A, certain lump sum
payments may be treated as though they were received as periodic payments.
Note 2: 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.". 2. After subsection 1163(4): Insert: "Note 1: Under
section 1163A, certain lump sum payments may be treated as though they were
received as periodic payments. ote 2: 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.". 3. Section 1165 (Example 1):
Omit, substitute: "Example 1: Jane is not a member of a couple. She is
receiving disability support pension at the time when a lump sum compensation
award of $11,000 is made to her. The compensation part of this lump sum is
$5,500 (see subsection  17(3D)).  Jane's lump sum preclusion period is:
compensation part of lump sum ($5,500)
average weekly earnings ($518)
i.e. 5,500 = 10.6 (rounded down) = 10
518 Her lump sum preclusion period is therefore 10 weeks. Jane commenced to
receive the disability support pension immediately after her accident and the
preclusion period begins on the day of the event that gave rise to her
entitlement to compensation. The preclusion period ends 10 weeks after that
day. Disability support pension is not payable to Jane during that 10 week
period. As Jane has received disability support pension payments during that
period, they will be recoverable under section 1166.". . Section 1165 (Example
2): Omit, substitute: "Example 2: Martha is a member of a couple. She is
receiving disability support pension, and her partner Fred is receiving
sickness allowance. Fred receives a lump sum compensation payment of $11,000
relating to an injury having earlier received periodic compensation payments.
The compensation part of the lump sum is $5,500 (see subsection 17(3D). The
lump sum preclusion period for Martha and Fred is:
compensation part of lump sum ($5,500)
average weekly earnings ($518)
i.e. 5,500 = 10.6 (rounded down) = 10
518 The lump sum preclusion period is therefore 10 weeks. The preclusion
period begins on the day after Fred's last payment of periodic compensation
payments. The preclusion period ends 10 weeks from that day. Disability
support pension is not payable to Martha during that 10 week period. Sickness
allowance is not payable to Fred in relation to that 10 week period. If Martha
has already received pension payments during that period, or if Fred has
already received allowance payments relating to that period, those payments
will be recoverable under section 1166.". 5. Section 1166 (Example 1):

   (a)  Insert "of $11,000" after "payment" (first occurring).

   (b)  Insert "(see subsection 17(3D))" after "$5,500" (first occurring).

   (c)  Omit "550", substitute "518".

   (d)  Insert "(rounded down)" after "10".

   (e)  Omit "Jane's loss of earning capacity because of the injury began",
        substitute "after Jane's periodic compensation payments ceased".

   (f)  Insert "compensation" after "lump sum" (fourth occurring). 6. Section
        1166 (Example 2):

   (a)  Insert "of $11,000" after "payment" (first occurring).

   (b)  Insert "(see subsection 17(3D))" after "$5,500" (first occurring).

   (c)  Omit "550", substitute "518".

   (d)  Insert "(rounded down)" after "10".

   (e)  Omit "Martha's loss of earning capacity because of the injury began",
        substitute "after Martha's periodic compensation payments ceased".

   (f)  Insert "compensation" after "lump sum" (fourth occurring). 7.
        Subsection 1168(3) (Example 1):

   (a)  Omit "$260" (wherever occurring), substitute "$282".

   (b)  Omit "$100" (wherever occurring), substitute "$122". 8. Subsection
        1168(3) (Example 2):

   (a)  Omit "$235" (wherever occurring), substitute "$260".

   (b)  Omit "$155" (wherever occurring), substitute "$180". 9. Subsection
        1170(4) (Example 1):

   (a)  Omit "$267.20", substitute "$312.10".

   (b)  Omit "$534.40" (wherever occurring), substitute "$624.20".

   (c)  Omit "$300", substitute "$400.00".

   (d)  Omit "$600" (wherever occurring), substitute "$800.00". 10. Subsection
        1170(4) (Example 2):

   (a)  Omit "$300", substitute "$400.00".

   (b)  Omit "$534.40" (wherever occurring), substitute "$624.20".

   (c)  Omit "$600" (wherever occurring), substitute "$800.00".

   (d)  Omit "$1,068.80", substitute "$1,248.40". 11. Paragraph 1172(1)(b):
        Omit the paragraph, substitute:

"(b) the person receives or claims a compensation affected payment for any
period to which the compensation relates;". 12. Paragraph 1174(1)(b): Omit the
paragraph, substitute:

"(b) the person receives or claims a compensation affected payment for the
periodic payments period or the lump sum preclusion period;". 13. Paragraph
1174(5)(b): Omit the paragraph, substitute:

"(b) the person's partner neither receives nor claims a compensation affected
payment for the periodic payments period or the lump sum preclusion period;".
14. Paragraph 1174(6)(b): Omit the paragraph, substitute:

"(b) the person's partner receives or claims a compensation affected payment
for the periodic payments period or the lump sum preclusion period;". 15.
Paragraph 1177(1)(b): Omit the paragraph, substitute:

"(b) the person receives or claims a compensation affected payment for any
period to which the compensation relates; and". 16. Paragraph 1179(1)(b): Omit
the paragraph, substitute:

"(b) the person receives or claims a compensation affected payment for the
periodic payments period or the lump sum preclusion period;". 17. Paragraph
1179(5)(b): Omit the paragraph, substitute:

"(b) the person's partner neither receives nor claims a compensation affected
payment for the periodic payments period or the lump sum preclusion period;".
18. Paragraph 1179(6)(b): Omit the paragraph, substitute:

"(b) the person's partner receives or claims a compensation affected payment
for the periodic payments period or the lump sum preclusion period;".