This question arises from the application of Division 3 of Part X, which sets out special transitional provisions in relation to weekly incapacity compensation for certain former employees. In particular, whether the claimant was in receipt of a pension under a superannuation scheme on the commencing day of the SRC Act (1/12/1988) is directly relevant to:
- s 131, which applies to former employees under 65 who were in receipt of a superannuation pension on 1/12/88 and are incapable of engaging in work;
- s 132, which applies to former employees under 65 who were NOT in receipt of a superannuation pension on 1/12/88 and are incapable of engaging in work;
- s 132A(2), which applies to former employees under 65 who were in receipt of a superannuation pension on 1/12/88 and are capable of engaging in work;
- s 132A(3), which applies to former employees under 65 who were NOT in receipt of a superannuation pension on 1/12/88 and are capable of engaging in work;
- s 135, which applies to former employees who were 65 and were in receipt of a superannuation pension on 1/12/88;
- s 136, which applies to former employees who were 65 and were NOT in receipt of a superannuation pension on 1/12/88.
Receipt of a superannuation lump sum benefit is NOT relevant to the application of Division 3 of Part X; any such payment is not taken into account in determining the weekly incapacity compensation entitlement of former employees. Note, however, that other lump sum payments (eg. redemptions and “Table of Maims” payments) may affect entitlements under Division 2 of Part X for periods prior to 1/12/1988. Periods of incapacity after 1/12/1988 are unaffected by “Table of Maims” payments.