Document ID: chunk:federal_register_of_legislation:C2008A00039:clause:1_23
Version: federal_register_of_legislation:C2008A00039
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 6582–8927

23  Transitional—person already receiving payment in the nature of exceptional circumstances relief payment

(1) This item applies if, immediately before the commencing day, a person is receiving a payment on the basis that the following are satisfied:
 (a) qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule);
 (b) payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule).

(2) The following apply:
 (a) the person is taken to have made a proper claim for exceptional circumstances relief payment for the purposes of Part 3 of the Principal Act;
 (b) the Secretary is taken to have made a determination under subsection 19(2) of the Principal Act, with effect from the start of the commencing day, that the claim is granted at the rate at which payment was received immediately before the commencing day;
 (c) the Secretary is taken to have made a determination in writing under subsection 10(1) of the Principal Act (the assets determination), with effect from the start of the commencing day, that the value of the person's assets does not exceed the person's asset value limit;
 (d) unless sooner revoked, the assets determination continues to have effect:
 (i) if the next determination in respect of the person's assets takes effect less than 6 months after the commencing day—until that determination takes effect; or
 (ii) if subparagraph (i) does not apply—until the end of 6 months from the commencing day.

(3) The Secretary may, by determination in writing, revoke or vary a determination that:
 (a) because of paragraph (2)(b) of this item, the Secretary is taken to have made under subsection 19(2) of the Principal Act; or
 (b) because of paragraph (2)(c) of this item, the Secretary is taken to have made under subsection 10(1) of the Principal Act;
in circumstances in which the Secretary could have revoked or varied a determination actually made under those subsections.

(4) Sections 53 and 53A of the Principal Act apply in relation to a determination under subitem (3) of this item in the same way as they apply in relation to a determination under subsection 19(2) or 10(1) of the Principal Act.

(5) A determination made under subitem (3) of this item is not a legislative instrument.