Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:2_992g
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 2 cl 992G
Character Range: 120754–123257

992G  Date of effect of favourable determination

 (1) The day on which a determination under section 992A or 992F (the favourable determination) takes effect is worked out in accordance with this section.

Notified decision—review sought within 3 months

 (2) If:
 (a) a decision (the previous decision) is made in relation to carer allowance; and
 (b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
 (c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
 (d) the favourable determination is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 3 months

 (3) If:
 (a) a decision (the previous decision) is made in relation to carer allowance; and
 (b) a notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
 (c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
 (d) the favourable determination is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.

Decision not notified

 (4) If:
 (a) a decision (the previous decision) is made in relation to carer allowance; and
 (b) no notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and
 (c) the person applies to the Secretary under section 1240 for review of the previous decision; and
 (d) the favourable determination is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances

 (5) If the favourable determination is made following a person having advised the Department of a change in circumstances, the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Other determinations

 (6) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.