Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1992 No. 81, 1992 - SECT 76

76. Section 1165 of the Principal Act is amended by omitting subsection (3)
and substituting the following subsections: Lump sum preclusion period

"(3) If periodic compensation payments are made in respect of the lost
earnings or lost earning capacity, the lump sum preclusion period is the
period that:

   (a)  begins on the day after the last day of the periodic payments period;
        and

   (b)  ends after the number of weeks specified in subsection (4). Note: for
        'periodic payments period' see section 17.

"(3A) If a person chooses to receive part of an entitlement to periodic
compensation payments in the form of a lump sum, the lump sum preclusion
period is the period that:

   (a)  begins on the first day on which the person's periodic compensation
        payment is a reduced payment because of that choice; and

   (b)  ends after the number of weeks specified in subsection (4).

"(3B) If a person:

   (a)  receives compensation in relation to an injury, disease or condition
        in the form of a lump sum (in this subsection called the 'first lump
        sum'); and
  (b)   the person receives compensation in the form of a further lump sum (in
this subsection called the 'second lump sum'); and

   (c)  the second lump sum is compensation in relation to the same injury,
        disease or condition; the lump sum preclusion period for the second
        lump sum is the period that:

   (d)  begins on the day after the last day of the lump sum preclusion period
        for the first lump sum; and

   (e)  ends after the number of weeks specified in subsection (4).

"(3C) If none of subsections (3), (3A) and (3B) applies, the lump sum
preclusion period is the period that:

   (a)  begins on the day on which the loss of earnings or loss of earning
        capacity began; and

   (b)  ends after the number of weeks specified in subsection (4).".