Document ID: chunk:federal_register_of_legislation:C2023C00380:clause:4_1061pzzc
Version: federal_register_of_legislation:C2023C00380
Segment Type: clause
Provision Reference: sch 4 cl 1061PZZC
Character Range: 248962–250928

1061PZZC  Date of effect of adverse determination

General
 (1) The day on which a determination under section 1061PZX or 1061PZY (adverse determination) takes effect is worked out in accordance with this section.
Note: If the adverse determination depends on a discretion or opinion and a person affected by the determination applies for review, the Secretary may continue payment pending the outcome of the review (see section 1241 (internal review) and section 1251 (review by Social Security Appeals Tribunal)).

Date determination takes effect
 (2) Subject to subsection (6), the adverse determination takes effect on:
 (a) the day on which the determination is made; or
 (b) if another day is stated in the determination—that day.

Later date than determination
 (3) Subject to subsections (4) and (5), the day stated under paragraph (2)(b) must be later than the day on which the determination is made.

Contravention of Act by person whose supplement is affected
 (4) If:
 (a) the person whose supplement is affected by the adverse determination has contravened a provision of this Act (other than section 1061PZR, 1304, 1305, 1306 or 1307); and
 (b) the contravention causes a delay in making the determination;
the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—suspension or cancellation
 (5) If:
 (a) a person has made a false statement or a misrepresentation; and
 (b) because of the false statement or misrepresentation, the supplement has been paid to a person when it should have been cancelled or suspended;
the day stated under paragraph (2)(b) may be earlier than the day on which the determination is made.

Section 1061PZR statements
 (6) If the adverse determination is made following a person having given the Department a statement about a matter in accordance with section 1061PZR, the determination takes effect on the day on which the matter arose.