Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p10
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 10/26)
Character Range: 115518–118329

of the operation of a computer program approved by the Secretary; and

    (c) the program causes the change for a reason for which the Secretary could determine the change;

the change is taken to have been made because of a determination by the Secretary for that reason.

    Note: The determination that is taken to have been made is a decision of an officer for the purposes of review by the Secretary (see sections 1239 and 1240) and the Social Security Appeals Tribunal (see section 1247).

Resumption of payment after cancellation or suspension

  "771NQ.(1) If the Secretary:

    (a) cancels or suspends a person's partner allowance under section 771NM or 771NO; and

  (b) reconsiders the decision to cancel or suspend; and

  (c) becomes satisfied that because of the decision to cancel or suspend:

        (i) the person did not receive partner allowance that was payable to the person; or

        (ii) the person is not receiving partner allowance that is payable to the person;

the Secretary is to determine that partner allowance was or is payable to the person.

"(2) The reconsideration referred to in paragraph (1)(b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.

Note: For the date of effect of a determination under this section see section 771NR.

"Subdivision E—Date of effect of determinations

Date of effect of favourable determination

"771NR.(1) The day on which a determination under section 771NL or 771NQ (the 'favourable determination') takes effect is worked out in accordance with this section.

Notified decision—review sought within 3 months

  "(2) If:

     (a) a decision (the 'previous decision') is made in relation to a partner allowance; and

     (b) a notice is given to the person to whom the allowance is payable 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 favourable determination 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 in relation to a partner allowance; and

     (b) a notice is given to the person to whom the allowance is payable 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 favourable determination is made as a result of the application for review;

the determination takes effect on the