Tasmanian Consolidated Regulations

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PUBLIC SECTOR SUPERANNUATION REFORM REGULATIONS 2017 - REG 99A

Reduction or suspension of interim invalidity pensions in certain cases
(1)  Subregulation (2) applies in relation to an interim invalidity pension in respect of an interim invalidity pensioner if the pensioner –
(a) is engaged in any business or occupation on his or her own account; or
(b) is undertaking gainful employment; or
(c) has recovered from his or her bodily infirmity, physical incapacity or mental incapacity so as to be able to undertake gainful employment in an occupation for which he or she is reasonably qualified by education, training or experience; or
(d) is in receipt of –
(i) regular workers compensation payments under the Workers Rehabilitation and Compensation Act 1988 ; or
(ii) regular weekly payments under Part 7 of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011  –
and the combined payments of the interim invalidity pension and those workers compensation payments or regular weekly payments exceed the salary received, or taken by the Commission to have been received, by the pensioner in the previous 12 months.
(2)  If this subregulation applies in relation to an interim invalidity pension in respect of an interim invalidity pensioner, the Commission may –
(a) suspend the pension payable to that interim invalidity pensioner for the period, or until the occurrence of an event, determined by the Commission; or
(b) reduce the amount of that pension to an amount that, in the Commission’s opinion, the circumstances of the case warrant, for the period, or until the occurrence of an event, determined by the Commission.
(3)  The Commission –
(a) may from time to time require an interim invalidity pensioner to provide the Commission with evidence of the pensioner’s invalidity or financial circumstances; and
(b) may suspend payment of the pensioner’s interim invalidity pension while the pensioner fails to provide the evidence to the Commission.
(4)  If –
(a) payment of an interim invalidity pension has been suspended under subregulation (3) ; and
(b) the interim invalidity pensioner subsequently provides the Commission with the required evidence –
the Commission may reinstate payment of the pensioner’s interim invalidity pension inclusive of any part of the period of that suspension.



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