30DPeriodic payment of compensation

30D Periodic payment of compensation

(1) If: (a) periodic payments of compensation are made to a person who is a veteran or a dependant of the veteran; and (b) the compensation payments are made in respect of the incapacity of the veteran from injury or disease or the death of the veteran; and (c) the person receives, or is subsequently granted, a pension under this Part in respect of the same incapacity of the veteran from that or any other injury or disease or in respect of that death; the rate per fortnight of the person’s pension that would, apart from this subsection, be payable to the person for the periodic payments period is to be reduced by the rate per fortnight of the periodic compensation.

Note 1: For periodic payments period see subsection (10).

Note 2: Pensions under this Part are payable in respect of the incapacity of a veteran from a war‑caused injury or disease or in respect of the death of the veteran (see section 13).

(2) If, under subsection (1), the rate per fortnight of the periodic compensation is equal to or exceeds the rate per fortnight of pension, pension is not payable to the person. Pension payable to 2 or more persons (3) If: (a) periodic payments of compensation are made to a person or persons in respect of the incapacity of a veteran from injury or disease or the death of the veteran; and (b) apart from this subsection, pensions under this Part in respect of the same incapacity of the veteran from that or any other injury or disease, or in respect of that death, would be payable to 2 or more persons for the periodic payments period at particular rates per fortnight; the sum of those rates per fortnight of pensions for the periodic payments period is to be reduced by the rate per fortnight of the periodic compensation or the sum of the rates per fortnight of the periodic compensation.

Note: Subsections (5), (6) and (7) set out how the reduction is to be made.

(4) If, under subsection (3), the rate or the sum of the rates per fortnight of periodic compensation is equal to or exceeds the sum of the rates per fortnight of pensions, pensions are not payable to the persons. How reduction is to be made (5) In giving effect to subsection (3), if: (a) pensions are payable to 2 or more persons; and (b) one pension is to be preferred to another under subsection (8); the preferred pension is not to be reduced until the other pension ceases to be payable because its rate per fortnight is reduced to nil. (6) In giving effect to subsection (3), if: (a) the rate of a pension or the rates of 2 or more pensions are reduced to nil under subsection (5); and (b) there are 2 or more pensions that are not to be preferred to each other; the reduction in the rate per fortnight for each of those pensions is to be worked out using the following formula: where: