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, and
rent assistance.

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	-
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 jobsearch 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.

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

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Last reviewed: 1 July 2010

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