Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:1_580b
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 1 cl 580B
Character Range: 68432–70423

580B  Date of effect of determination

Date of effect
 (1) Subject to this section, a determination under section 580A takes effect on the day on which the determination is made or on any later day or earlier day that is stated in the determination.

Notified decision—review sought within 3 months
 (2) If:
 (a) a decision (previous decision) is made rejecting a person's claim for an austudy payment; and
 (b) a notice is given to the person telling 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) a determination granting the claim is made as a result of the application 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 (previous decision) is made rejecting a person's claim for an austudy payment; and
 (b) a notice is given to the person telling 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) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.

Decision not notified
 (4) If:
 (a) a decision (previous decision) is made rejecting a person's claim for an austudy payment; and
 (b) no notice is given to the person telling the person of the making of the previous decision; and
 (c) the person applies to the Secretary under section 1240 for review of the previous decision; and
 (d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Division 5—Rate of austudy payment

Subdivision A—Rate of austudy payment