Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p23
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 56260–59042

revoke the suspension with effect from such day as the Commissioner determines, being a day not later than the day on which the notice is given.
     "(5c) Without limiting sub-section (5b), where the invalidity pension of a person (in this sub-section referred to as the 'relevant person') is suspended under sub-section (3), the relevant person, or another person acting on his or her behalf, may, by notice in writing given to the Commissioner, request the Commissioner to revoke the suspension, and where such a request is made, the Commissioner shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be—
           (a) if the pension has been suspended by virtue of the relevant person's having failed to comply with a notice requiring the

           relevant person to submit himself or herself for medical examination—require the relevant person to submit himself or herself for medical examination by a medical practitioner at a time, being a time before the relevant person attains the age of 65 years, and place specified in the second-mentioned notice; or
           (b) if the pension has been suspended by virtue of the relevant person's having failed to comply with a notice requiring the relevant person to give information to the Commissioner (in this paragraph referred to as 'the original notice')—require the relevant person to give in writing to the Commissioner, within such period as is specified in the second-mentioned notice, being a period that ends before the relevant person attains the age of 65 years, such information as was required by the original notice to be given.
     "(5d) A notice given by the Commissioner under sub-section (5c) shall set out the effects of sub-sections (5e) and (5f) and of section 74a.
     "(5e) Where—
           (a) because of a request having been made to revoke the suspension of the invalidity pension of a person (in this sub-section referred to as the 'relevant person'), a notice under sub-section (5c) is given to the relevant person or to the relevant person and another person; and
           (b) either—
             (i) the relevant person complies with the notice; or
             (ii) the relevant person fails to comply with the notice but the Commissioner is satisfied that there was a reasonable excuse for the failure,
      the Commissioner shall, by notice in writing given to the relevant person or to the relevant person and the other person, as the case may be, revoke the suspension with effect from such day as the Commissioner determines, being a day not later than—
           (c) in a case to which sub-paragraph (b) (i) applies—the day on which the relevant person so complied with the notice; or
           (d) in a case to