Document ID: chunk:federal_register_of_legislation:C2004A04996:front:0:p51
Version: federal_register_of_legislation:C2004A04996
Segment Type: other
Provision Reference: 
Character Range: 131126–133846

the Commission will not need to make a determination under section 56E as the pension will be cancelled automatically by section 56, 56A, 56BB or 56BC.".

22. After section 56H:

Insert:

Date of effect of adverse decision under section 53AN

"56HA. If the Commission decides, under subsection 53 AN(1), that the assets test applies to a care receiver, the decision takes effect on the day on which the care receiver's request under that subsection was lodged at an office of the Department in Australia.".

23. After section 57:

Insert:

SCHEDULE 6—continued

Care receiver may seek review of certain decisions

"57AA. A care receiver who is dissatisfied with a decision of the Commission under subsection 53AN(1) may request the Commission to review the decision.".

24. After subsection 57A(1):

Insert:

"(1A) A request for review of a decision under section 57AA must:

(a) be made within 3 months after:

       (i) if the person seeking review is the person who was notified of the decision—the person was so notified; or

       (ii) if a person other than the person who was notified of the decision is seeking review—the other person was so notified; and

(b) set out the grounds on which the request is made; and

(c) be in writing.".

25. Subsection 57A(2):

After "(1)" insert "or (1A)".

26. After section 57C:

Insert:

Date of effect of certain review decisions about application of assets test to care receiver

Decision notified

"57CA.(1) If:

    (a) a decision (the previous decision) is made under subsection 53AN(1) that an assets test does not apply to a care receiver; and

    (b) notice of the making of the previous decision is given to the care receiver or the person caring for the care receiver; and

    (c) a person requests the Commission under section 57AA to review the previous decision; and

    (d) a favourable decision is made as a result of the request;

the favourable decision takes effect on:

    (e) if the request is made within 3 months after the notice is given—the day on which the previous decision took effect; or

    (f) if the request is made more than 3 months after the notice is given—the day on which the person requested the review.

SCHEDULE 6—continued

Decision not notified

    "(2) If:

    (a) a decision (the previous decision) is made under subsection 53AN(1) that an assets test does not apply to a care receiver; and

    (b) notice of the making of the previous decision is not given to either the care receiver or the person caring for the care receiver; and

    (c) a person requests the Commission under section 57AA to review the previous decision; and

    (d) a favourable decision is made as a result of the request;

the favourable the