Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:5_8
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 5 cl 8
Character Range: 803157–805858

8                                        Date of effect of decision on ART review, other than an ART decision in relation to an employment pathway plan decision  Subsections 108(4) and (5) (time of effect for ART decision)                  The subsections have effect as if the reviewable decision had taken effect on the day a person made the first review application in relation to the decision, if:
                                                                                                                                                                                                                                                (a) the person is given written notice of the decision under the social security law; and
                                                                                                                                                                                                                                                (b) the person makes the first review application more than 13 weeks after the notice was given; and
                                                                                                                                                                                                                                                (c) on ART review, the ART varies the decision or sets the decision aside; and
                                                                                                                                                                                                                                                (d) the effect of the ART's decision is:
                                                                                                                                                                                                                                                (i) to grant the person's claim for a social security payment or a concession card; or
                                                                                                                                                                                                                                                (ii) to direct the making of a payment of a social security payment to the person or the issue of a concession card to the person, as the case may be; or
                                                                                                                                                                                                                                                (iii) to increase the rate of the person's social security payment