Document ID: chunk:federal_register_of_legislation:C2024C00458:clause:5_137:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: clause
Provision Reference: sch 5 cl 137 (pt 1/2)
Character Range: 778072–780769

137  Certain decisions not to be revived
 (1) This section has effect if:
 (a) the Secretary makes a determination (the first determination) that:
 (i) a social security payment is granted or is payable to a person; or
 (ii) a social security payment is payable to a person at a particular rate; and
 (b) the Secretary makes a determination (the second determination):
 (i) cancelling the social security payment; or
 (ii) reducing the rate at which the social security payment is payable; and
 (c) notice of the second determination is given to the person; and
 (d) the person applies under section 129 for review of the second determination; and
 (e) the application is made more than 13 weeks after notice of the second determination was given; and
 (f) a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and
 (g) the review decision, or the effect of the review decision, is:
 (i) to set aside the second determination; or
 (ii) to affirm a decision setting aside the second determination.
 (2) This section has effect if:
 (a) the Secretary makes a determination (the first determination) that:
 (i) a social security payment is granted or is payable to a person; or
 (ii) a social security payment is payable to a person at a particular rate; and
 (b) the Secretary makes a determination (the second determination):
 (i) cancelling the social security payment; or
 (ii) reducing the rate at which the social security payment is payable; and
 (c) notice of the second determination is given to the person; and
 (d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the decision having been made; and
 (e) the decision of the Secretary on the review is to set aside the second determination; and
 (f) the decision on the review is made more than 13 weeks after notice of the second determination was given.
 (3) This section has effect if:
 (a) the Secretary makes a determination (the first determination) that:
 (i) a person's claim for a concession card is granted; or
 (ii) a person is qualified for a concession card; and
 (b) the Secretary makes a determination (the second determination) cancelling the concession card; and
 (c) notice of the second determination is given to the person; and
 (d) the person applies under section 129 for review of the second determination; and
 (e) the application is made more than 13 weeks after notice of the second determination was given; and
 (f) a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and
 (g) the review decision, or the effect of the review decision, is:
 (i) to