Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_591a:p1
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 591A (pt 1/2)
Character Range: 112317–115142

591A  Date of effect of adverse determination

General
 (1) The day on which a determination under section 590A, 590B or 590C (adverse determination) takes effect is worked out in accordance with this section.
Note: If the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review (see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal)).

Date determination takes effect
 (2) Subject to subsection (9), the adverse determination takes effect on:
 (a) the day on which the determination is made; or
 (b) if another day is stated in the determination—that day.

Later date than determination
 (3) Subject to subsections (4), (5), (6), (7) and (8), the day stated under paragraph (2)(b) must be later than the day on which the determination is made.

Contravention of Act by person whose austudy payment is affected
 (4) If:
 (a) the person whose austudy payment is affected by the adverse determination has contravened a provision of this Act (other than section 586C, 1304, 1305, 1306 or 1307); and
 (b) the contravention causes a delay in making the determination;
the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—suspension or cancellation
 (5) If:
 (a) a person has made a false statement or a misrepresentation; and
 (b) because of the false statement or misrepresentation, austudy payment has been paid to a person when it should have been cancelled or suspended;
the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—rate reduction
 (6) If:
 (a) a person has made a false statement or a misrepresentation; and
 (b) because of the false statement or misrepresentation, the rate at which austudy payment was paid to a person was more than it should have been;
the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation—suspension or cancellation
 (7) If:
 (a) an adverse determination is made in relation to a person because of point 1067L‑D24 (payment of arrears of periodic compensation payments); and
 (b) an austudy payment has been paid to the person or the person's partner when, because of the payment of arrears of periodic compensation, austudy payment should have been cancelled or suspended;
the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—rate reduction
 (8) If:
 (a) an adverse determination is made in relation to a person because of point 1067L‑D24 (payment of