Document ID: chunk:federal_register_of_legislation:C2004A04616:section:2:p21
Version: federal_register_of_legislation:C2004A04616
Segment Type: section
Provision Reference: s 2 (pt 21/32)
Character Range: 90761–93511

(ii) the person is not entitled to a seniors health card when in fact the person is entitled to the card;

the Secretary is to determine that the person was or is entitled to the card.

"(2) The reconsideration referred to in paragraph (1)(b) might be a reconsideration on a claim under section 1240 for review or a reconsideration on the Secretary's own initiative.

Note: For the date of effect of a determination under this section see section 1061ZU.

Date of effect of favourable determination

"1061ZU.(1) The day on which a determination under section 1061ZT (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 a person's entitlement to a seniors health card; 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 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 claim 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 a person's entitlement to a seniors health card; 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 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 claim 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 a person's entitlement to a seniors health card; 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, 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 claim for review;

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

Date of effect of adverse determination

"1061ZV.(1) The day on which a determination under section 1061ZQ or 1061ZR (the 'adverse determination') takes effect is worked out in accordance with this section.

  "(2) The adverse determination takes effect on:

  (a) the day on which