Document ID: chunk:federal_register_of_legislation:C2024C00458:section:118:p6
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 118 (pt 6/7)
Character Range: 389025–391636

(a) a person has made a false statement or misrepresentation; and
 (b) because of the false statement or misrepresentation, the rate at which a social security payment was paid to a person was higher than it should have been;
the adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.
 (11) If:
 (a) a person's social security payment is suspended under section 80, 81 or 82; and
 (b) the payment is subsequently cancelled under section 80, 81 or 82;
the determination by which the payment is cancelled takes effect on the day on which the payment was suspended.
 (11A) Despite subsection (11), a determination under section 80 or subsection 81(3) cancelling a person's social security payment that has already been suspended under subsection 81(3) takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.
 (12) An adverse determination in relation to telephone allowance takes effect:
 (a) on the day on which it is made; or
 (b) if a later day is specified in the determination, on that day.
 (12A) If:
 (a) a decision (the social security decision) was made that rent assistance (the social security rent assistance) was to be included when calculating a person's rate of social security payment for each day in a period; and
 (b) the condition in subsection (12B) is met for each day in that period (which is about rent assistance also being included in family tax benefit); and
 (c) because the inclusion of the social security rent assistance was contrary to Part 3.7 of the 1991 Act, an adverse determination is made to reduce the rate of, or cancel, the person's social security payment for each day in that period;
the adverse determination takes effect on the first day of that period.
 (12B) The condition in this subsection is met for each day in a period if:
 (a) both of the following apply:
 (i) the person was a member of a couple (other than an illness separated couple, a respite care couple or a temporarily separated couple) on each day in the period;
 (ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person's, or the person's partner's, Part A rate of family tax benefit for each day in the period; or
 (b) both of the following apply:
 (i) the person was not a member of a couple, or was a member of an illness separated couple, a respite care couple, or a temporarily separated couple, on each day