Document ID: chunk:federal_register_of_legislation:C2024C00458:section:118:p4
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 118 (pt 4/7)
Character Range: 384092–386774

and
 (e) if the determination is attributable to the person's having 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.
 (6) Subject to subsections (6A) and (6B), if:
 (a) a person and his or her partner (the partner) are each receiving a social security payment; and
 (b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and
 (c) the notice relates to the payment of the partner's social security payment in respect of a period specified in the notice; and
 (d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the specified period; and
 (e) following the giving of the statement, an adverse determination is made in relation to the person's social security payment;
the determination takes effect on the day on which the matter arose.
 (6A) If:
 (a) a person and his or her partner (the partner) are each receiving a social security payment; and
 (b) the partner has not reached pension age; and
 (c) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and
 (d) the notice relates to the payment of the partner's social security payment in respect of an instalment period specified in the notice; and
 (e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and
 (f) following the giving of the statement, an adverse determination is made in relation to the person's social security payment; and
 (g) the determination is made because the partner is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in the instalment period;
the determination takes effect on:
 (h) if the adverse determination is attributable to the reduction, during the instalment period, of the partner's working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and
 (i) if the determination is attributable to the partner'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 of the instalment period on which the opening balance was nil; and
 (j) in any other case—the first day of the instalment period.
 (6B) If:
 (a) a person and his or her partner (the partner) are each receiving a social security payment; and
 (b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and