MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 116B Amount of compensation for person receiving only Commonwealth superannuation pension

MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 116B

  (1)   If paragraph   89A(a) applies to a person, the amount of compensation that the Commonwealth is liable, under section   85, 86 or 87, to pay to the person for a week is worked out using the following formula:

  (2)   In this Division:

"Division 1 compensation amount" for a person for a week means the amount of compensation the person would have been paid for the week if subsection   89(1) had applied.

"superannuation pension amount" for a person who receives a pension for a week under a Commonwealth superannuation scheme means:

  (a)   if the scheme identifies a part of the pension as attributable to the contributions made under or to the scheme by the Commonwealth or a Commonwealth authority--the amount of that part; or

  (b)   in any other case, either:

  (i)   the amount assessed by the Commission to be the part of the pension that is attributable to the contributions made under or to the scheme by the Commonwealth or a Commonwealth authority; or

  (ii)   if such an assessment cannot be made--the amount of the pension received by the person for the week.