Commonwealth Consolidated Acts

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Deemed lump sum payment arising from separate payments

             (1)  If:

                     (a)  a person receives 2 or more lump sum payments in relation to the same event that gave rise to an entitlement of the person to compensation (the multiple payments ); and

                     (b)  at least one of the multiple payments is made wholly or partly in respect of lost earnings or lost capacity to earn;

the following paragraphs have effect for the purposes of this Act and the Administration Act:

                     (c)  the person is taken to have received one lump sum compensation payment (the single payment ) of an amount equal to the sum of the multiple payments;

                     (d)  the single payment is taken to have been received by the person:

                              (i)  on the day on which he or she received the last of the multiple payments; or

                             (ii)  if the multiple payments were all received on the same day, on that day.

             (2)  A payment is not a lump sum payment for the purposes of paragraph (1)(a) if it relates exclusively to arrears of periodic compensation.

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