Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p11
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 11/26)
Character Range: 118087–120910

Secretary under section 1240 more than 3 months after the notice is given, for review of the previous decision; and

     (d) a favourable determination is made as a result of the application for review;

the determination takes effect on the day on which the person sought the review.

Decision not notified

  "(4) If:

     (a) a decision (the 'previous decision') is made in relation to a partner allowance; and

     (b) no notice is given to the person to whom the allowance is payable advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240 for review of the previous decision; and

     (d) a favourable determination is made as a result of the application for review;

the determination takes effect on the day on which the previous decision took effect.

Notified change of circumstances

  "(5) If:

     (a) the favourable determination is made following a person having advised the Department of a change in circumstances; and

     (b) the change is not a decrease in the rate of the person's maintenance income;

the determination takes effect on the day on which the advice was received or on the day on which the change occurred, whichever is the later.

Other determinations

"(6) In any other case, the favourable determination takes effect on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

Date of effect of adverse determination

General

"771NS.(1) The day on which a determination under section 771NM, 771NN or 771NO (the '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)).

  "(2) The adverse determination takes effect on:

  (a) the day on which the determination is made; or

  (b) if another day is specified in the determination—on that day.

"(3) Subject to subsections (4) to (8), the day specified under paragraph (2)(b) must be later than the day on which the determination is made.

Contravention of Act

  "(4) If:

     (a) the person whose allowance is affected by the adverse determination has contravened a provision of this Act (other than section 771MD, 1304, 1305, 1306 or 1307); and

  (b) the contravention causes a delay in making the determination;

the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—suspension or cancellation