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SOCIAL SECURITY ACT 1991 - SECT 1184A

The section 1184 recoverable amount

             (1)  If a person receives compensation affected payments in relation to a day or days in a lump sum preclusion period, the recoverable amount under this section is equal to the smallest of the following amounts:

                     (a)  the sum of all compensation affected payments made to the person that relate to a day or days in a lump sum preclusion period;

                     (b)  the compensation part of the lump sum payment;

                     (c)  in the case of a compensation payer--the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving:

                              (i)  a notice under section 1182 in relation to the matter; or

                             (ii)  if the compensation payer has not received a notice under section 1182--the notice under section 1184 in relation to the matter;

                     (d)  in the case of an insurer--the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving:

                              (i)  a notice under section 1182 in relation to the matter; or

                             (ii)  if the insurer has not received a notice under section 1182--the notice under section 1184 in relation to the matter.

             (2)  Subject to subsection (4), if:

                     (a)  a person receives compensation affected payments in relation to a day or days in a periodic payments period; and

                     (b)  either:

                              (i)  the person is not a member of a couple; or

                             (ii)  the person's partner neither receives nor claims a compensation affected payment in relation to any day in the periodic payments period;

the recoverable amount under this section is equal to the smallest of the following amounts:

                     (c)  the difference between:

                              (i)  the sum of all compensation affected payments made to the person that relate to a day or days in a periodic payments period; and

                             (ii)  the sum of all compensation affected payments that would have been made to the person in relation to any such day or days had those payments been reduced in accordance with section 1173;

                     (d)  the sum of the amounts of the periodic compensation payments;

                     (e)  in the case of a compensation payer--the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving:

                              (i)  a notice under section 1182 in relation to the matter; or

                             (ii)  if the compensation payer has not received a notice under section 1182--the notice under section 1184 in relation to the matter;

                      (f)  in the case of an insurer--the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving:

                              (i)  a notice under section 1182 in relation to the matter; or

                             (ii)  if the insurer has not received a notice under section 1182--the notice under section 1184 in relation to the matter.

             (3)  Subject to subsection (4), if:

                     (a)  the person claiming compensation is a member of a couple; and

                     (b)  compensation affected payments received by the person were received in relation to a day or days in a periodic payments period; and

                     (c)  the person's partner receives a compensation affected payment in relation to a day or days in the periodic payments period;

the recoverable amount under this section is equal to the smallest of the following amounts:

                     (d)  the difference between:

                              (i)  the sum of all compensation affected payments made to the person and the person's partner in relation to a day or days in the periodic payments period; and

                             (ii)  the sum of all compensation affected payments that would have been made to the person and the person's partner in relation to any such day or days had those payments been reduced as a result of the operation of section 1173 or 1174;

                     (e)  the sum of the amounts of the periodic compensation payments;

                      (f)  in the case of a compensation payer--the maximum amount that the compensation payer is liable to pay to the person in relation to the matter at any time after receiving:

                              (i)  a notice under section 1182 in relation to the matter; or

                             (ii)  if the compensation payer has not received a notice under section 1182--the notice under section 1184 in relation to the matter;

                     (g)  in the case of an insurer--the maximum amount for which the insurer is liable to indemnify the compensation payer in relation to the matter at any time after receiving:

                              (i)  a notice under section 1182 in relation to the matter; or

                             (ii)  if the insurer has not received a notice under section 1182--the notice under section 1184 in relation to the matter.

             (4)  If:

                     (a)  at the time of the event that gave rise to the entitlement of a person to compensation, the person was qualified for, and was receiving, a compensation affected payment; and

                     (b)  the person or the person's partner received or claimed a compensation affected payment in relation to a day or days in the periodic payments period;

the recoverable amount is the amount determined by the Secretary to be the total amount by which the person's, or the person's partner's, compensation affected payment in relation to a day or days in the periodic payments period would have been reduced if a determination had been made under Division 7 of Part 3 of the Administration Act because of point 1064-E3, 1066A-F2A, 1067G-H25, 1067L-D24, 1068-G8A, 1068A-E13 or 1068B-D21 of this Act.



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