Document ID: chunk:federal_register_of_legislation:C2022A00055:clause:1_56ed:p2
Version: federal_register_of_legislation:C2022A00055
Segment Type: clause
Provision Reference: sch 1 cl 56ED (pt 2/2)
Character Range: 22762–24748

or specified officer of the income‑related event within the notification period; and
 (b) the person's pension, supplement or payment has been cancelled under section 56;
the Commission may determine in writing that:
 (c) the person is to be treated as if section 56 had not applied to cancel the person's pension, supplement or payment; and
 (d) the person's pension, supplement or payment is suspended.

Suspension determination—event not notified within notification period
 (5) If:
 (a) the person does not inform the Department or specified officer of the income‑related event within the notification period; and
 (b) the person's pension, supplement or payment has been cancelled under section 56A; and
 (c) the Department subsequently becomes aware of the income‑related event;
the Commission may determine in writing that:
 (d) the person is to be treated as if section 56A had not applied to cancel the person's pension, supplement or payment; and
 (e) the person's pension, supplement or payment is suspended.

Rules for suspension determinations
 (6) The Commission must not make a determination under subsection (3), (4) or (5) unless the Commission is satisfied that the person is residing in Australia.
 (7) A determination under subsection (3), (4) or (5) takes effect on the day on which, but for the determination, the person's pension, supplement or payment would be cancelled under section 56 or 56A.

Cancellation of pension, supplement or payment after 2 years
 (8) If:
 (a) the Commission makes a determination suspending a person's pension, supplement or payment under subsection (3), (4) or (5); and
 (b) the determination continues in effect throughout the period of 2 years from its date of effect;
then, at the end of the period:
 (c) the suspension ends; and
 (d) the pension, supplement or payment is cancelled.
Note: The Commission may end a suspension if satisfied that a person's pension, supplement or payment is payable to the person (see section 56F).