Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:2_973
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 2 cl 973
Character Range: 93467–95434

973  Date of effect of determination

 (1) Subject to subsections (2), (3) and (4), a determination under section 972 takes effect on the day on which the determination is made or on such later day or earlier day as is specified in the determination.

Notified decision—review sought within 3 months

 (2) If:
 (a) a decision (the previous decision) is made rejecting a person's claim for carer allowance; and
 (b) a notice is given to the person advising the person of the making of the previous decision; and
 (c) the person applies to the Secretary under section 1240, within 3 months after the notice is given, for review of the previous decision; and
 (d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Notified decision—review sought after 3 months

 (3) If:
 (a) a decision (the previous decision) is made rejecting a person's claim for carer allowance; and
 (b) a notice is given to the person advising the person of the making of the previous decision; and
 (c) the person applies to the Secretary under section 1240, more than 3 months after the notice is given, for review of the previous decision; and
 (d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.

Decision not notified

 (4) If:
 (a) a decision (the previous decision) is made rejecting a person's claim for carer allowance; and
 (b) no notice is given to the person advising the person of the making of the previous decision; and
 (c) the person applies to the Secretary under section 1240 for review of the previous decision; and
 (d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.

Division 5—Rate of carer allowance