Document ID: chunk:federal_register_of_legislation:C2024C00458:section:109:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 109 (pt 1/2)
Character Range: 359505–362198

109  Date of effect of favourable determination resulting from review
 (1) If:
 (a) a decision (the original decision) is made in relation to a person's social security payment; and
 (b) a notice is given to the person informing the person of the original decision; and
 (c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and
 (d) the favourable determination is made as a result of the application for review;
the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
 (2) If:
 (a) a decision (the original decision) is made in relation to a person's social security payment; and
 (b) a notice is given to the person informing the person of the original decision; and
 (c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and
 (d) the favourable determination is made as a result of the application for review;
the favourable determination takes effect on the day on which the application for review was made.
 (3) If:
 (a) a decision (the original decision) is made in relation to a person's social security payment; and
 (b) the person is not given notice of the original decision; and
 (c) the person applies to the Secretary, under section 129, for review of the original decision; and
 (d) the favourable determination is made as a result of the application for review;
the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
 (4) If:
 (a) a decision (the original decision) is made in relation to a person's social security payment; and
 (b) the person is given a notice informing him or her of the original decision; and
 (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and
 (d) as a result of the review, the favourable determination is made within 13 weeks after notice of the original decision was given to the person;
the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
 (5) If:
 (a) a decision (the original decision) is made in relation to a person's social security payment; and
 (b) the person is given a notice informing him or her of the original decision; and
 (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and
 (d) as a result of the review, the favourable determination is made more than 13