Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p49
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 123344–126148

for review;

the favourable decision takes effect on the day on which the person sought the review.

SCHEDULE 10—continued

Decision not notified

    "(5) If:

    (a) a decision (the previous decision) is made under subsection 198N(2), (3) or (4) about a care receiver; and

    (b) notice of the making of the previous decision is not given to either the care receiver or the person caring for the care receiver; and

    (c) a person applies to the Secretary under section 1240 for review of the previous decision; and

    (d) a decision favourable to the person caring for the care receiver (the favourable decision) is made as a result of the application for review;

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

Date of effect of adverse decision under section 198N

"198Q. If the Secretary decides under subsection 198N(2), (3) or (4) that a care receiver is not taken to satisfy subparagraph 198(1B)(f)(i), the decision takes effect:

    (a) on the day on which the care receiver's request under section 198N was lodged with the Department; or

    (b) if the care receiver's request under section 198N was lodged after the Secretary had rejected a claim for carer pension by a person caring for the care receiver—on the day on which the decision to reject the claim took effect.".

9. After subsection 222(1):

Insert:

"(1A) If a person is being paid a carer pension because he or she is providing constant care for a person to whom subsection 198(1B) applies (the care recipient), the Secretary may give the care recipient a notice that requires the care recipient to inform the Department if:

    (a) a specified event or change of circumstances occurs; or

    (b) the care recipient becomes aware that a specified event or change of circumstances is likely to occur.".

10. Subsection 222(2):

After "subsection (1)" insert "or (1A)".

11. After subsection 222(3A):

Insert:

"(3B) A notice under subsection (1A):

SCHEDULE 10—continued

    (a) must be in writing; and

    (b) may describe the event or change of circumstances specified in the notice as a notifiable event for the purposes of section 198C; and

    (c) may be given personally or by post; and

    (d) must specify how the care recipient is to give the information to the Department; and

    (e) must specify the period within which the care recipient is to give the information to the Department.

However, a notice is not invalid merely because it fails to comply with paragraph (d).".

12. Subsection 222(4):

After "paragraph (3)(d)" insert "or (3B)(e)".

13. Paragraph 222(4)(b):

After "person" insert "to whom the notice is given".

14. Sections 226 and 227:

Repeal the sections, substitute;

Automatic termination where notification obligations are met

"226.