Document ID: chunk:federal_register_of_legislation:C2022A00055:clause:1_97c:p2
Version: federal_register_of_legislation:C2022A00055
Segment Type: clause
Provision Reference: sch 1 cl 97C (pt 2/2)
Character Range: 15119–16776

suspends the partner's pension or payment under subsection (2); and
 (b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and
 (c) as a result of the reconsideration, the Secretary is satisfied that:
              (i) the partner did not receive pension or payment that was payable to the partner; or
              (ii) the partner is not receiving pension or payment that is payable to the partner;
the Secretary is to determine that pension or payment was or is payable to the partner, as the case requires.
 (4) The reconsideration referred to in paragraph (3)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.
 (5) A determination that pension or payment was or is payable to the partner under subsection (3) takes effect:
 (a) if the partner applied for reconsideration under section 129—on the day the application was made; or
 (b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.

Cancellation of partner's pension or payment after period of suspension
 (6) If:
 (a) the Secretary suspends the partner's pension or payment for a period under subsection (2); and
 (b) the suspension continues in effect throughout the period;
then, at the end of the period, the determination granting the partner pension or payment is, by force of this subsection, revoked.

Partner ceasing to be member of couple
 (7) To avoid doubt, subsections (3) to (6) apply to the partner even if the partner ceases to be a member of the couple after the event or change of circumstances referred to in subsection (1).