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SOCIAL SECURITY ACT 1991 - SECT 1170

Lump sum preclusion period

  (1)   Subject to subsection   (2), if a person receives both periodic compensation payments and a lump sum compensation payment, the lump sum preclusion period is the period that:

  (a)   begins on the day following the last day of the periodic payments period or, where there is more than one periodic payments period, the day following the last day of the last periodic payments period; and

  (b)   ends at the end of the number of weeks worked out under subsections   (4) and (5).

  (2)   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 at the end of the number of weeks worked out under subsections   (4) and (5).

  (3)   If neither of subsections   (1) and (2) applies, the lump sum preclusion period is the period that:

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

  (b)   ends at the end of the number of weeks worked out under subsections   (4) and (5).

  (4)   The number of weeks in the lump sum preclusion period in relation to a person is the number worked out using the formula:

Start formula start fraction Compensation part of lump sum over Income cut-out amount end fraction end formula

  (5)   If the number worked out under subsection   (4) is not a whole number, the number is to be rounded down to the nearest whole number.


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