Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p24
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 60610–63427

determination under section 951A, 951B or 951C (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), (5) and (6), 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 home child care allowance is affected by the adverse determination has contravened a provision of this Act (other than section 944, 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

  "(5) If:

  (a) a person has made a false statement or misrepresentation; and

     (b) because of the false statement or misrepresentation, the home child care allowance has been paid to a person when it should have been cancelled or suspended;

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

False statement or misrepresentation—rate reduction

  "(6) If:

  (a) a person has made a false statement or misrepresentation; and

     (b) because of the false statement or misrepresentation, the rate at which the home child care allowance was paid to a person was more than it should have been;

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

"Division 10—Bereavement

"Subdivision A—Death of home child care allowance child

Continuation of qualification for home child care allowance for 4 weeks where person's only home child care allowance child dies

  "951H. If:

  (a) a person is receiving home child care allowance in relation to a child; and

  (b) the child dies; and

  (c) the child was the only home child care allowance child of the person;

the person is qualified for home child care allowance for the period of 4 weeks that starts on the day on which the child dies (the 'bereavement period').

Continued payment of home child care allowance

"951I. If a person is qualified for payments under section 951H in relation to the death of a child, the person's home child care allowance rate, during the bereavement period, is to be calculated as if