96Effect of disability or other pensions and lump sums on weekly payments

96 Effect of disability or other pensions and lump sums on weekly payments

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S. 96(1))(b) repealed by No. 9/2010 s. 40(2)(b).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specified period for the purposes of subsection (2) is the number of weeks determined by dividing the amount received, withdrawn or redeemed by the worker's pre-injury average weekly earnings as varied in accordance with Division 2D of Part IV.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.