6.4.3 Recovery Rules Specific to Lump Sums
This section contains the following information on particular aspects of compensation recovery concerning compensation lump sums:
- recoverable amounts, including from partner, when lump sum compensation payments are made before 20 March 1997,
- recoverable amounts, including from partner, when lump sum compensation payments are made on or after 20 March 1997, and
- recoverable amounts if CAPs are made between multiple lump sums.
Recoverable amounts - lump sum compensation payment made BEFORE 20 March 1997
The following table shows the amount of CAP recoverable from lump sum compensation payments made before 20 March 1997.
|If during the lump sum preclusion period a…||Then the amount recoverable is all CAPs made to the …|
|CAP is paid,||
|couple marry or begin a de facto relationship (whether of the same sex or a different sex), or begin a registered relationship (whether of the same sex or a different sex),||
Note: If the couple reconcile during the period, payments made to the partner while separated are NOT recoverable.
Act reference: SSAct section 1237AAC(4) Waiver if there was an unclaimed entitlement to parenting allowance or PP, section 1237AAC(5) Waiver of amount equal to notional entitlement to parenting allowance or PP (as the case requires), section 1237AAC(6) Calculating the amount equal to notional entitlement to parenting allowance
Recoverable amounts when lump sum compensation payments are made ON OR AFTER 20 March 1997
Under the compensation provisions of SSAct Part 3.14, lump sum compensation payments made on or after 20 March 1997 affect ONLY the compensation recipient's CAP, not their partner's CAP. Any CAPs paid to the compensation recipient during the preclusion period ARE recoverable.
A compensation recipient's partner is NOT subject to the preclusion period. However, the continuing assets and income tests treatment will be determined by how a person makes use of the funds. The funds may be used to obtain additional assets such as a car. For a purchase such as this the assets test would apply. Or, the funds may be invested with a financial institution. The funds have then become a financial asset, assessable as an asset and subject to the income test deeming rules.
Act reference: SSAct section 1178 Repayment of amount where both lump sum and payments of compensation affected payment have been received
Recoverable amounts if CAPs are made between multiple lump sums
Multiple lump sums received in respect of the same compensable event, where at least one payment is made in respect of lost earnings or lost earnings capacity, are treated as one lump sum. The date of commencement of the preclusion period does not change, irrespective of how far apart these payments are made.
However, with each subsequent lump sum the duration of the preclusion period is amended and extended. CAPs made to the compensation recipient in the intervening period ARE recoverable.
Where ongoing periodic payments are made as part of multiple lump sum settlements or judgements, for the same compensable event, the start date of any preclusion period CANNOT be calculated until these periodic payments cease or reduce.