Commonwealth Numbered Acts

SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988 No. 135, 1988 - SECT 35

35. Section 19 of the Principal Act is amended:

   (a)  by omitting from paragraphs (3) (b), (c), (d), (e) and (f) "the amount
        of earnings payable to the employee for that employment" and
        substituting "the amount that he or she was able to earn during that
        week in suitable employment";

   (b)  by inserting after subsection (3) the following subsection:

"(3A) If, as a result of the incapacity:

   (a)  the amount per week payable to the employee in respect of his or her
        continued employment is reduced; and

   (b)  a pension under a superannuation scheme is payable to the employee;
subsection (3) applies in relation to the employee in relation to a week
during which the employee is incapacitated as if the references in the
subsection to the amount he or she was able to earn during the week in
suitable employment were instead references to the sum of that amount and any
amount of the pension referred to in paragraph (b) that is payable to the
employee in respect of that week.". Commencement: 1 December 1988