Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p8
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 8/26)
Character Range: 110516–113338

(c) the person's partner allowance rate is reduced because of the partner's receipt of that benefit;

the partner allowance becomes payable to the person at the reduced rate on the day on which the partner starts to receive that benefit.

Automatic rate reduction—recipient not complying with section 771MC notification obligations

  "771NI. If:

    (a) a person who is receiving partner allowance is given a notice under section 771MC; and

    (b) the notice requires the person to inform the Department of the occurrence of an event or change in circumstances within a specified period (the 'notification period'); and

  (c) the event or change in circumstances occurs; and

    (d) the person does not inform the Department of the occurrence of the event or change in circumstances within the notification period in accordance with the notice; and

    (e) because of the occurrence of the event or change in circumstances, the person's rate of allowance is to be reduced;

the allowance becomes payable to the person at the reduced rate immediately before the day on which the event or change in circumstances occurs.

Automatic rate reduction—failure to inform Department of payment for remunerative work where earnings credit account balance available

  "771NJ. If:

    (a) a person who is receiving partner allowance is given a notice under section 771MC; and

    (b) the notice requires the person to inform the Department of income for remunerative work undertaken by the person or the person's partner; and

    (c) the person fails to notify the Department of income of that kind in accordance with the notice; and

    (d) the person has an earnings credit account balance for the purposes of Division 5 of Part 3.10;

the allowance becomes payable to the person at the reduced rate from the first payday after the day on which the person's earnings credit account balance is reduced to nil.

Changes to payments by computer following automatic reduction

  "771NK. If:

    (a) a person is receiving partner allowance on the basis of data in a computer; and

    (b) the allowance rate is automatically reduced by the operation of a provision of this Act; and

    (c) the automatic reduction is given effect to by the operation of a computer program approved by the Secretary reducing the rate of payment of the allowance;

there is taken to be a decision by the Secretary that the automatic rate reduction provision applies to the person's allowance.

   Note: The decision that is taken to have been made is a decision of an officer for the purposes of review by the Secretary (see sections 1239 and 1240) and the Social Security Appeals Tribunal (see section 1247).

"Subdivision D—Determinations

Rate increase determination

"771NL. If the Secretary is satisfied that the rate at which partner