Document ID: chunk:federal_register_of_legislation:C2024C00458:section:118:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 118 (pt 1/7)
Character Range: 376723–379414

118  Date of effect of adverse determinations—general rules
 (1) The day on which an adverse determination takes effect in relation to a social security payment is worked out:
 (b) in the case of carer payment—in accordance with this section and section 120; and
 (c) in the case of any other social security payment—in accordance with this section.
 (2) Subject to subsections (2A), (2B), (2D) and (2E), if:
 (a) an adverse determination is made following a person having informed the Department of the occurrence of an event or change of circumstances; and
 (b) the person is not paid an instalment of the social security payment after the occurrence of the event or change and before the determination is made;
the determination takes effect on the day on which the event or change of circumstances occurred.
 (2A) If an adverse determination is made in relation to a person who has not reached pension age:
 (a) following the person's having informed the Department of the occurrence of an event or change of circumstances; and
 (b) because the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in an instalment period of the person;
the determination takes effect on:
 (c) if the determination is attributable to the reduction, during the instalment period, of the person's working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and
 (d) if the determination is attributable to the person's having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person's opening balance was nil; and
 (e) in any other case—the first day of the instalment period;
so long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (c), (d) or (e) and before the determination is made.
 (2B) If:
 (a) an adverse determination is made in relation to a person following the person's having informed the Department of the occurrence of an event or change of circumstances; and
 (b) the determination is made because, in an instalment period of the person, either:
 (i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or
 (ii) the person has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; and
 (c) the person's student income bank balance is reduced to nil during the instalment period;
the determination takes effect on:
 (d) if the determination is