Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_65
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 65
Character Range: 278508–279613

65  Variation of determination of conditional eligibility to reflect changes in conditional eligibility

 (1) If:
 (a) a determination of conditional eligibility under section 50F is made in respect of a claimant who is an individual with the effect that the claimant is conditionally eligible; and
 (b) after the determination is made, an event occurs; and
 (c) the determination has the effect as set out in paragraph (a) at some time after the occurrence; and
 (d) when the Secretary becomes aware of the occurrence of the event, the Secretary considers that, if he or she were making the determination immediately after the occurrence, he or she would not have made the determination but instead would have made a determination of no entitlement in respect of the claimant;
the Secretary must vary the determination of conditional eligibility so that the claimant is not conditionally eligible with effect from the date of the occurrence.

 (2) For the purpose of subsection (1), the occurrence includes the expiration of a period of time if the expiration is relevant to the operation of this Act.