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MILITARY REHABILITATION AND COMPENSATION ACT 2004 No. 51, 2004 - SECT 134

Amount of compensation for retired person receiving only Commonwealth superannuation pension
(1)
If paragraph 126(c) applies to a person, the amount of compensation that the Commonwealth is liable, under section 118, to pay to the person for a week is worked out using the following formula:

(2)
In this Subdivision:

"Subdivision C compensation amount" for a person for a week means the amount of compensation the person would have been paid for the week if Subdivision C had applied.

"superannuation pension amount "for a person who receives a pension for a week under a Commonwealth superannuation scheme means:

(a) if the scheme identifies a part of the pension as attributable to the contributions made under the scheme by the Commonwealth, a Commonwealth authority or a licensed corporation—the amount of that part; or
(b) in any other case, either:
(i) the amount assessed by the Commission to be the part of the pension that is attributable to the contribution made under the scheme by the Commonwealth, a Commonwealth authority or a licensed corporation; or
(ii) if such an assessment cannot be made—the amount of the pension received by the person for the week.



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