Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:4_1061pzzb
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 4 cl 1061PZZB
Character Range: 246422–248962

1061PZZB  Date of effect of favourable determination

Method of working out date
 (1) The day on which a determination under section 1061PZZA (favourable determination) takes effect is worked out in accordance with this section.

Notified decision—review sought within 3 months
 (2) If:
 (a) a decision (previous decision) is made in relation to a pensioner education supplement; and
 (b) a notice is given to the person to whom the supplement is payable telling 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) a 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 (previous decision) is made in relation to a pensioner education supplement; and
 (b) a notice is given to the person to whom the supplement is payable telling 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) a 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 (previous decision) is made in relation to a pensioner education supplement; and
 (b) no notice is given to the person to whom the supplement is payable telling 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) a 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 told the Department of a change in circumstances, the determination takes effect on the day on which the Department was told or 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 any later day or earlier day (other than a day more than 3 months before the determination was made) that is stated in the determination.