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1.1.C.250 Compensation affected payment

Usage

This definition applies to all payments.

 

Definition

A CAP is a social security payment (section 23(1)-'social security payment') that can be affected by the receipt of:

  • a lump sum compensation payment, and/or
  • periodic compensation payments (either paid periodically or as a lump sum).

 

A CAP can be:

  • not paid if appropriate compensation action is not taken,
  • subject to a preclusion (non-payment period) if a lump sum compensation payment is received,
  • reduced on a dollar for dollar basis (direct deduction) if periodic compensation payments are received, or
  • in certain circumstances, reduced by periodic compensation payments assessed as ordinary income.

 

A CAP may also be a 'SCAP' (1.1.S.42).

 

The rate of a CAP can include the following additional payments:

  • approved program of work (WFD),
  • bereavement payment,
  • language, literacy and numeracy supplement,
  • pension supplement,
  • pharmaceutical allowance,
  • remote area allowance,
  • rent assistance,
  • training supplement, and
  • national green jobs corps supplement.

Note: The training supplement and national green jobs corps supplement were time-limited payments and are no longer available.

 

Act reference: SSAct section 1064 Rate of age, disability support, wife pensions and carer payments (people who are not blind), section 1065 Rate of age and disability support pension (blind people), section 23(1)-'social security payment'

 

List of CAPs

The table below lists all CAPs and when they became a CAP.

Payment

Date

Additional information

Age pension (including blind)

20/03/1997

Provisional commencement day or start day rather than date of claim.

Austudy payment

01/07/1998

-

Carer payment

01/01/1993

Prior to this date carer pension was a CAP if:

- the compensation was received before this date, AND

- the pension was claimed or received by the compensation recipient's partner, AND

- the partner was getting pension for caring for the compensation recipient.

CDEP supplement

01/07/2004

-

Clean Energy Supplement

20/03/2013

CES is a compensation affected payment only if underlying qualifying payment is a CAP

DSP (including blind)

01/05/1987

Including special needs DSP, disability wage supplement and rehabilitation allowance.

Education entry payment

01/07/2004

-

Employment entry payment

01/07/2004

Was abolished 1 July 2008.

Fares allowance

01/07/2004

-

Newstart allowance

01/05/1987

Including UB and job search allowance.

Mature age allowance

20/03/1994

-

Mature age partner allowance

20/03/1994

-

Parenting payment

20/03/1992

Including SPP and PgA.

Partner allowance

20/09/1994

-

Pensioner education supplement

01/07/2004

-

Pension supplement

20/09/2009

-

PhA advance

01/07/2004

-

Rehabilitation allowance (in lieu of SA)

Paid at any time

-

Sickness allowance

Paid at any time

Including SB.

Special benefit

01/05/1987

-

Telephone allowance

01/07/2004

Other than that paid to the holder of a CSHC.

Widow allowance

01/01/1995

-

Wife (disability support) pension

01/05/1987

Including special needs disability support wife's pension, disability wage supplement wife's pension.

Note: For debt recovery, certain conditions apply. Refer to 6.4.1.

Youth allowance

01/07/1998

-

Note: Age (blind) and DSP (blind) recipients are paid free of the income and assets test but are affected by the compensation provisions of the SSAct.

 

Note: EEP was abolished 1 July 2008. From that date claims can only be made in respect of employment events occurring before 1 July 2008.

 

Note: A temporary EdEP supplement of $950 was paid to EdEP recipients during the period 1 January 2009 to 30 June 2010. The EdEP supplement was part of the EdEP and may be recovered under the compensation provisions.

 

Act reference: SSAct section 17(1) Compensation recovery definitions, section 23(1)-'social security payment', Part 3.14 Compensation recovery

Policy reference: SS Guide 3.1.9 Compensation Provisions, 4.13 Compensation, 6.4 Compensation Recovery

_______________________________________________________

Last reviewed: 11 February 2013


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Last Edited: 07/03/2013 10:22:03 AM


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