ACCIDENT COMPENSATION ACT 1985 - SECT 96 Effect of disability or other pensions and lump sums on weekly payments

ACCIDENT COMPENSATION ACT 1985 - SECT 96

S. 96(1) substituted by Nos 7/1996 s. 17(1), 60/1996 s. 13(1).

    (1)     The amount of any weekly payment payable to a worker under this Part must be reduced by the weekly amount of—

S. 96(1)(a) amended by No. 9/2010 s. 40(2)(a).

        (a)     any retirement or superannuation pension received by the worker; and

S. 96(1))(b) repealed by No. 9/2010 s. 40(2)(b).

    *     *     *     *     *

which relates to the worker's retirement from, or the cessation or termination of, the employment out of, or in the course of which, or due to the nature of which, the injury arose.

S. 96(2) substituted by No. 7/1996 s. 18, amended by Nos 7/1996 s. 19(1), 60/1996 s. 13(2), 9/2010 s. 40(2)(c), substituted by No. 80/2010 s. 57.

    (2)     If a worker—

        (a)     receives a superannuation or retirement benefit lump sum that—

              (i)     relates to the worker's retirement from, or cessation or termination of, the employment out of, or in the course of which, the injury arose; and

              (ii)     has not been deposited with a complying superannuation fund or a complying approved deposit fund; or

        (b)     withdraws or redeems any part of, or withdraws or redeems any interest, or part of any interest on, such a superannuation or retirement benefit lump sum that has been deposited with a complying superannuation fund or a complying approved deposit fund—

the worker is not entitled to weekly payments under this Part during the specified period after the date on which he or she received the lump sum or made the withdrawal or redemption, as the case requires, or became eligible to receive weekly payments, whichever is the later.

S. 96(3) substituted by Nos 7/1996 s. 18, 80/2010 s. 57.

    (3)     The specified period for the purposes of subsection (2) is the number of weeks determined by dividing the amount received, withdrawn or redeemed by the worker's pre-injury average weekly earnings as varied in accordance with Division 2D of Part IV.

S. 96(4) inserted by No. 7/1996 s. 19(2).

    (4)     If a worker withdraws or redeems any part of the amount deposited or used under

subsection (2) which represents the worker's own contributions for the purpose of an approved capital expenditure within the meaning of subsection (5), subsection (2) does not apply in respect of that withdrawal or redemption.

S. 96(5) inserted by No. 7/1996 s. 19(2), amended by No. 81/1998 s. 23(d).

    (5)     For the purposes of subsection (4) approved capital expenditure means capital expenditure approved by the Authority or by a self-insurer in accordance with guidelines issued by the Authority.

S. 96(6) inserted by No. 9/2010 s. 40(3).

    (6)     The amount of compensation in the form of weekly payments payable to a worker under this Part must be reduced by the amount (if any) by which the sum of—

        (a)     the weekly payment that would be payable but for this subsection; and

        (b)     the weekly rate of any disability pension received by or for the benefit of the worker and which relates to an injury in respect of which compensation in the form of weekly payments is payable to the worker; and

        (c)     the worker's current weekly earnings—

exceeds the supplemental pension limit.

S. 96(7) inserted by No. 9/2010 s. 40(3).

    (7)     In this section—

"disability pension, "in relation to a worker, means an amount payable under an insurance policy or by a trustee acting in the capacity of a trustee that—

        (a)     relates to an injury in respect of which compensation in the form of weekly payments is payable under this Part; and

        (b)     is payable in the form of periodic payments to or for the benefit of the worker—

but does not include a retirement or superannuation pension;

S. 96(7) def. of supplemental pension limit substituted by No. 67/2013 s. 630(3).

"supplemental pension limit", in relation to a worker, means the worker's pre-injury average weekly earnings as calculated under section 5A as indexed in accordance with section 100(1) and calculated as if the period of 52 weeks referred to in paragraph (a) of the definition of enhancement period in section 5AD had not expired.

S. 96A inserted by No. 64/1989 s. 10, repealed by No. 67/1992 s. 17(1), new  s. 96A inserted by No. 7/1996 s. 20.