Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:5_131:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 5 cl 131 (pt 1/2)
Character Range: 773621–776257

131  Secretary may continue payment pending outcome of application for review
 (1) If:
 (a) an adverse decision is made in relation to a social security payment; and
 (aa) the adverse decision is not made under Division 3AA of Part 3 (compliance with participation payment obligations: persons other than declared program participants); and
 (b) the adverse decision:
 (i) depends on the exercise of a discretion, or the holding of an opinion, by a person; or
 (ii) would result in the application of a compliance penalty period; and
 (c) a person applies to the Secretary under section 129 for review of the adverse decision;
the Secretary may declare that the payment of the social security payment is to continue pending the determination of the review as if the adverse decision had not been made.
 (3) A declaration under subsection (1) must be by notice in writing.
 (4) While a declaration under subsection (1) is in force in relation to an adverse decision, the social security law (other than this Part) applies as if the adverse decision had not been made.
 (5) A declaration under subsection (1) in relation to an adverse decision:
 (a) takes effect on the day on which it is made or on such earlier day (if any) as is specified in the declaration; and
 (b) ceases to have effect:
 (i) if the application for review is withdrawn—on the day the application is withdrawn; or
 (ii) if a decision (the review decision) is made by the Secretary on the review of the adverse decision—at the end of the period of 13 weeks beginning on the day the review decision is made, or on such earlier day (if any) within that 13 week period as is specified by the Secretary; or
 (iii) if the declaration is revoked by the Secretary—on the day the declaration is revoked.
 (5A) If:
 (a) an adverse decision results in a serious failure period or an unemployment non‑payment period; and
 (b) a declaration in relation to the decision ceases to have effect under subsection (5); and
 (c) after the declaration ceases, the serious failure period or the unemployment non‑payment period, or the balance of that period, remains to be served;
the period or the balance of the period continues from the day the declaration ceases.
 (6) A reference in subsection (1) to a person's holding of an opinion is a reference to the person's holding that opinion, whether or not the social security law expressly requires the opinion to be held before the decision concerned is made.
 (7) In this section:
adverse decision, in relation to a social security payment, means:
 (a) a decision to cancel or suspend the social security payment; or
 (b) a decision to