99AReduction or suspension of interim invalidity pensions in certain cases

99A Reduction or suspension of interim invalidity pensions in certain cases

[Regulation 99A Inserted by S.R. 2022, No. 11, Applied:31 Mar 2022]

(1)  Subregulation (2) applies in relation to an interim invalidity pension in respect of an interim invalidity pensioner if the pensioner –

(a) is engaged in any business or occupation on his or her own account; or

(b) is undertaking gainful employment; or

(c) has recovered from his or her bodily infirmity, physical incapacity or mental incapacity so as to be able to undertake gainful employment in an occupation for which he or she is reasonably qualified by education, training or experience; or

(d) is in receipt of –

(i) regular workers compensation payments under the Workers Rehabilitation and Compensation Act 1988 ; or

(ii) regular weekly payments under Part 7 of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011  –

and the combined payments of the interim invalidity pension and those workers compensation payments or regular weekly payments exceed the salary received, or taken by the Commission to have been received, by the pensioner in the previous 12 months.

(2)  If this subregulation applies in relation to an interim invalidity pension in respect of an interim invalidity pensioner, the Commission may –

(a) suspend the pension payable to that interim invalidity pensioner for the period, or until the occurrence of an event, determined by the Commission; or

(b) reduce the amount of that pension to an amount that, in the Commission’s opinion, the circumstances of the case warrant, for the period, or until the occurrence of an event, determined by the Commission.

(3)  The Commission –

(a) may from time to time require an interim invalidity pensioner to provide the Commission with evidence of the pensioner’s invalidity or financial circumstances; and