Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p48
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 120866–123600

point 1064-B1 of Pension Rate Calculator A in section 1064.

Determination of initial amounts

"(7) If the Secretary determines in writing that a specified higher amount is to be substituted for a specified amount in subsection (2), (3) or (4), that subsection has effect from the commencement of this section as if the subsection specified that higher amount. The Secretary must not determine an amount greater than the corresponding amount taken to be specified by subsection 1132A(1A), (1B) or (1C) on 1 January 1996 after indexation. A determination under this subsection is a disallowable instrument.

SCHEDULE 10—continued

Date of effect of favourable decision under section 198N

Date of effect

"198P.(1) If the Secretary decides, under subsection 198N(2), (3) or (3) , that a care receiver is taken to satisfy subparagraph 198(1B)(f)(i), the day on which that decision takes effect is worked out under this section.

Basic rule

"(2) Subject to subsections (3), (4) and (5), the decision takes effect on the day on which the decision was made or on such later or earlier day (not being a day more than 3 months before the decision was made) as is specified in the decision.

Notified decision—review sought within 3 months

"(3) If:

    (a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a care receiver; and

    (b) notice of the making of the previous decision is given to the care receiver or the person caring for the care receiver; and

    (c) within 3 months after the notice is given, a person applies to the Secretary under section 1240 for review of the previous decision; and

    (d) a decision favourable to the person caring for the care receiver (the favourable decision) is made as a result of the application for review;

the favourable decision takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 3 months

"(4) If:

    (a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a care receiver; and

    (b) notice of the making of the previous decision is given to the care receiver or the person caring for the care receiver; and

    (c) more than 3 months after the notice is given, a person applies to the Secretary under section 1240 for review of the previous decision; and

    (d) a decision favourable to the person caring for the care receiver (the favourable decision) is made as a result of the application for review;

the favourable decision takes effect on the day on which the person sought the review.

SCHEDULE 10—continued

Decision not notified

    "(5) If:

    (a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a