Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p23
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 58132–60875

care allowance; and

     (b) a notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240, within 13 weeks 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; and

  (e) subsections (6), (7) and (8) do not apply to the determination;

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

Notified decision—review sought after 13 weeks

  "(3)  If:

     (a) a decision (the 'previous decision') is made in relation to a person's home child care allowance; and

     (b) a notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240, more than 13 weeks 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; and

  (e) subsections (6), (7) and (8) do not apply to the determination;

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 a person's home child care allowance; and

     (b) no notice is given to the person 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) a favourable determination is made as a result of the application for review; and

  (e) subsections (6), (7) and (8) do not apply to the determination;

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 13 weeks before the determination was made) as is specified in the determination.

Date of effect of adverse determination

General

"951G.(1) The day on which a determination under section 951A, 951B or 951C (the 'adverse determination') takes effect is worked out in accordance with this section.

   Note: If the adverse determination depends on a discretion or opinion and a person affected by the determination applies for