Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1161A

  (1)   For the purposes of this section:

  (a)   a reference to a supplementary compensation affected payment is a reference to a compensation affected payment to which paragraph   (l) or (m) of the definition of compensation affected payment in subsection   17(1) applies; and

  (b)   a supplementary compensation affected payment relates to any allowance, supplement, pension or payment of a kind that, in the applicable paragraph of the definition of compensation affected payment in subsection   17(1), is labelled as the underlying compensation affected payment.

  (2)   Except as mentioned in this section, this Part does not apply to a supplementary compensation affected payment.

  (3)   If:

  (a)   as a result of the operation of section   1169, any underlying compensation affected payment to which a supplementary compensation affected payment relates was not payable in relation to the day on which the supplementary compensation affected payment was received; or

  (b)   as a result of the operation of section   1173 or 1174, the rate of any underlying compensation affected payment to which a supplementary compensation affected payment relates was reduced to nil in relation to the day on which the supplementary compensation affected payment was received; or

  (c)   the following conditions are satisfied:

  (i)   the rate of any of the compensation affected payments that would have been made as mentioned in subparagraph   1181(1)(b)(ii) or (2)(d)(ii) or 1184A(2)(c)(ii) or (3)(d)(ii) is nil;

  (ii)   the compensation affected payment is an underlying compensation affected payment to which a supplementary compensation affected payment relates;

  (iii)   the underlying compensation affected payment was made in relation to the day on which the supplementary compensation affected payment was received; or

  (d)   an adverse determination mentioned in subsection   1184I(1) has the effect that:

  (i)   any underlying compensation affected payment to which a supplementary compensation affected payment relates is cancelled or suspended in relation to the day on which the supplementary compensation affected payment was received; or

  (ii)   the rate of any underlying compensation affected payment to which a supplementary compensation affected payment relates is reduced to nil in relation to the day on which the supplementary compensation affected payment was received;

then:

  (e)   in any case--the supplementary compensation affected payment is not payable; and

  (f)   if paragraph   (d) applies--for the purposes of subsection   1184I(1), the amount of the supplementary compensation affected payment is taken to be an amount that the person in relation to whom it was made is liable to pay to the Commonwealth because of the determination.

  (4)   If:

  (a)   any of:

  (i)   the payments of the compensation affected payment mentioned in paragraph   1179(b); or

  (ii)   the compensation affected payments mentioned in paragraph   1184A(1)(a);

    is an underlying compensation affected payment to which a supplementary compensation affected payment relates; and

  (b)   the underlying compensation affected payment was made in relation to the day on which the supplementary compensation affected payment was received;

then the sum mentioned in that paragraph is increased by the amount of the supplementary compensation affected payment.

  (5)   If:

  (a)   the rate of any of the compensation affected payments that would have been made as mentioned in subparagraph   1181(1)(b)(ii) or (2)(d)(ii) or 1184A(2)(c)(ii) or (3)(d)(ii) is nil; and

  (b)   the compensation affected payment is an underlying compensation affected payment to which a supplementary compensation affected payment relates; and

  (c)   the underlying compensation affected payment was made in relation to the day on which the supplementary compensation affected payment was received;

then the difference mentioned in paragraph   1181(1)(b) or (2)(d) or 1184A(2)(c) or (3)(d) is increased by the amount of the supplementary compensation affected payment.

  (6)   If a compensation affected payment that would have been reduced as mentioned in subsection   1184A(4):

  (a)   would have been reduced to nil; and

  (b)   is an underlying compensation affected payment to which a supplementary compensation affected payment relates; and

  (c)   was received in relation to the day on which the supplementary compensation affected payment was received;

then the recoverable amount mentioned in subsection   1184A(4) is increased by the amount of the supplementary compensation affected payment, but only to the extent that the sum of all increases under this subsection in relation to the periodic compensation payments does not exceed the sum of the amounts of those payments.