Document ID: chunk:federal_register_of_legislation:F2019L01046:clause:1_7
Version: federal_register_of_legislation:F2019L01046
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 2582–5118

7  Declaration continuing payment during a compliance penalty period
 (1) If, and only if, a person in receipt of youth allowance or austudy payment:
 (a) is subject to an adverse decision that results in the application of a compliance penalty period under section 550B, 551, 576A or 577 of the Social Security Act 1991; and
 (b) applies for review of the adverse decision under section 129 or 142 of the Act; and
 (c) the compliance penalty period has not ended before the person applies for review;
  then the Secretary may declare under section 131 of the Act that:
 (d) the allowance or payment is payable to the person from the date that the compliance penalty period commenced or is to commence; and
 (e) the allowance or payment is to continue to be payable to the person pending the determination of the review, as if the adverse decision had not been made.
Note 1     A declaration under section 131 takes effect on the day it is made or an earlier day specified in the declaration: see paragraph 131(5)(a) of the Act.
Note 2     A declaration under section 131 ceases to have effect on the day the application for review is withdrawn, when the declaration is revoked by the Secretary, or 13 weeks after a decision reviewing the adverse decision is made: see paragraph 131(5)(b) of the Act.
 (2) If, and only if, a person in receipt of youth allowance or austudy payment:
 (a) is subject to an adverse decision that results in the application of a compliance penalty period under section 550B, 551, 576A or 577 of the Social Security Act 1991; and
 (b)  applies for review of the adverse decision under section 129 or 142 of the Act; and
 (c) the compliance penalty period has not ended before the person applies for review;
  then the Secretary may declare under section 145 of the Act that:
 (d) the allowance or payment is payable to the person from the date that the compliance penalty period commenced or is to commence; and
 (e) the allowance or payment is to continue to be payable to the person pending the determination of the review, as if the adverse decision had not been made.
Note 1     A declaration under section 145 takes effect on the day it is made or an earlier day specified in the declaration: see paragraph 145(4)(a) of the Act.
Note 2     A declaration under section 145 ceases to have effect on the day the application for review is withdrawn, when the declaration is revoked by the Secretary, or 13 weeks after a decision reviewing the adverse decision is made: see paragraph 145(4)(b) of the Act.