Document ID: chunk:federal_register_of_legislation:C2016A00021:clause:1_43
Version: federal_register_of_legislation:C2016A00021
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 14107–14888

43  Review of certain refusals on application
(1) This item applies in relation to a review of a determination made before the commencement day that the payment amount for a person is nil, if:
 (a) the person applied for the review before the commencement day and the decision on review has not been made; or
 (b) the person applies for the review on or after the commencement day.
(2) The review must be done on the basis that the payment amount for the person is to be worked out using the 70% principle.
Note: If the payment amount worked out on review is more than nil, the reviewer must substitute a new determination of the payment amount (see subsection 24(6) or 28(1) of the BSWAT Act) and the Secretary must make an offer to the person under section 19 of the BSWAT Act.