Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p7
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 7/26)
Character Range: 107941–110753

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 the change in circumstances:

      (i) the person ceases to be qualified for the allowance; or

      (ii) the allowance ceases to be payable to the person;

the allowance ceases to be payable to the person immediately before the day on which the event or change in circumstances occurs.

Automatic termination—failure to provide section 771MD statement

  "771NF.(1) If:

     (a) a person who is receiving partner allowance is given a notice under section 771MD requiring the person to give the Department a statement; and

     (b) the notice relates to the payment of the allowance in respect of a period specified in the notice; and

  (c) the person does not comply with the notice;

the allowance, subject to subsection (2), ceases to be payable to the person as from the first day in that period.

"(2) If the Secretary is satisfied that, in the special circumstances of the case, it is appropriate to do so, the Secretary may determine in writing that subsection (1) does not apply to the person from a day specified in the determination.

"(3) The day specified under subsection (2) may be before or after the making of the determination.

Changes to payments by computer following automatic termination

  "771NG. If:

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

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

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

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

    Note: The decision that is taken to be 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 C—Automatic rate reduction

Automatic rate reduction—partner starting to receive benefit

  "771NH. If:

  (a) a person is receiving partner allowance; and

     (b) the person's partner starts to receive a different social security benefit; and

     (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.