Section 59R — Veterans' Entitlements Act 1986: Person may have to repay amount where both lump sum and pension have been received

(1) If: (a) a person receives compensation in the form of a lump sum; and (b) the person receives payments of a compensation affected pension for any day or days in the lump sum preclusion period; the Commission may, by written notice to the person, determine that the person is liable to pay to the Commonwealth the amount specified in the notice. Note: For lump sum preclusion period see subsections 59Q(3) to (7). (2) The amount specified in the notice is the recoverable amount and is worked out: (a) if the person receives compensation in the form of a lump sum before 20 March 1997—under subsections (3) and (4); or (b) if the person receives compensation in the form of a lump sum on or after 20 March 1997—under subsection (5). (3) If the person receives compensation in the form of a lump sum before 20 March 1997 and: (a) the person is not a member of a couple; or (b) the person is a member of a couple and the person’s partner: (i) is not eligible for a compensation affected pension; or (ii) is not qualified for a compensation affected payment under the Social Security Act; the recoverable amount is equal to the smaller of: (c) the compensation part of the lump sum; and (d) the sum of the pension payments made to the person for the lump sum preclusion period. (4) If: (aa) the person receives compensation in the form of a lump sum before 20 March 1997; and (a) the person is a member of a couple; and (b) the person’s partner: (i) is eligible for a compensation affected pension; or (ii) is qualified for a compensation affected payment under the Social Security Act; the recoverable amount is equal to the smaller of: (c) the compensation part of the lump sum; and (d) the amount obtained by adding the pension payments made to the person for the lump sum preclusion period to: (i) the pension payments made to the person’s partner for the lump sum preclusion period; or (ii) the compensation affected payments made under the Social Security Act to the person’s partner for the lump sum preclusion period. (5) If the person receives compensation in the form of a lump sum on or after 20 March 1997, the recoverable amount is equal to the smaller of: (a) the compensation part of the lump sum; and (b) the sum of the payments of the compensation affected pension made to the person for a day or days in the lump sum preclusion period.