Document ID: chunk:federal_register_of_legislation:C2024C00458:section:118:p7
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 118 (pt 7/7)
Character Range: 391424–393626

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 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 Part A rate of family tax benefit for each day in the period; or
 (c) all of the following apply:
 (i) when the social security decision was made, no determination of a kind mentioned in subparagraph (a)(ii) or (b)(ii) (as the case requires) was in force;
 (ii) after the social security decision was made, such a determination was made;
 (iii) each day in the period either is, or comes after, the day on which the determination was made.
 (12C) If:
 (a) an adverse determination is made under section 80 suspending the payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit to a person; and
 (b) the determination was made because of the application of:
 (i) subsection 42P(1) or 42S(1) (if the payment is a participation payment and the person is a declared program participant); or
 (ii) section 550B or 551 of the 1991 Act (if the payment is a youth allowance); or
 (iii) section 576A or 577 of the 1991 Act (if the payment is an austudy payment);
the determination is taken to have taken effect on the day of the start of the period for which the payment, allowance or benefit is not payable because of that section.
 (12D) However, subsection (12C) does not apply to an adverse determination if the determination would take effect on an earlier day under another provision of this Act.
 (13) In any other case, an adverse determination 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.
 (14) For the purposes of subsection (7), the excluded provisions are:
 (a) subsections 67(2), 68(2) and 69(2) of this Act to the extent that they relate to the giving of a notice requiring a person to give a statement to the Department; and
 (b) sections 192, 193, 194 and 195 of this Act.