Document ID: chunk:federal_register_of_legislation:C2004A03678:body:0:p11
Version: federal_register_of_legislation:C2004A03678
Segment Type: other
Provision Reference: 
Character Range: 26289–28938

decision that the decision is not to come into operation until a later day specified in the decision and if it does so the decision comes into operation on that later day.
"(3) Subject to subsections (5) and (6), where the Tribunal varies the decision under review, the decision under review as varied by the Tribunal has effect, or shall be taken to have had effect, on and from the day on which the decision under review has or had effect.
"(4) Subject to subsections (5) and (6), where the Tribunal sets the decision under review aside and substitutes a new decision, the new decision has effect, or shall be taken to have had effect, on and from the day on which the decision under review has or had effect.
"(5) Where:
     (a) a person is given written notice of a decision under this Act;
     (b) the person applies to the Social Security Appeals Tribunal more than 3 months after the notice was given, for review of the decision;
     (c) the Tribunal varies the decision or sets the decision aside and substitutes a new decision; and
     (d) the effect of the Tribunal's decision is:
         (i) to grant the person's claim for a pension, benefit or allowance;
         (ii) to direct the making of a payment of pension, benefit or allowance to the person; or

         (iii) to increase the rate of the person's pension, benefit or allowance;
subsections (3) and (4) apply as if references in those subsections to the day on which the decision under review had effect were references to the day on which the application was made to the Tribunal for review of the decision under review.
"(6) The Tribunal may order that subsection (3) or (4) not apply to a decision by the Tribunal on a review.
"(7) If an order is made under subsection (6), subsection (3) or (4) does not apply to the decision but subsections (1) and (2) apply instead.

"Division 3—Procedures for review of a decision by the Social Security Appeals Tribunal

"Subdivision A—Preliminary procedures

What happens initially when an application for review is received?
"184. (1) If the application is sent or delivered to an office of the Department, the Secretary shall send the application to the National Convener as soon as practicable and in any case not later than 7 days after the application is received at the office of the Department.
"(2) Where:
     (a) the applicant sends or delivers the application to an office of the Social Security Appeals Tribunal; or
     (b) the Secretary sends the application to the National Convener under subsection (1);
the National Convener shall give both the applicant and the Secretary written notice that the application has