Document ID: chunk:federal_register_of_legislation:C2024C00458:section:107:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 107 (pt 1/2)
Character Range: 356702–359374

107  General rule
 (1) Subject to subsections (2), (3), (4) and (5), a determination under section 37 takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.
 (2) If:
 (a) a decision (the original decision) is made rejecting a person's claim for a social security payment or a concession card; and
 (b) the person is given a notice informing him or her of the original decision; and
 (c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and
 (d) a decision that the claim be granted is made as a result of the application for review;
the determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.
 (3) If:
 (a) a decision (the original decision) is made rejecting a person's claim for a social security payment or concession card; and
 (b) the person is given a notice informing him or her of the original decision; and
 (c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and
 (d) a decision that the claim be granted is made as a result of the application for review;
the determination embodying the last‑mentioned decision takes effect on the day on which the application for review was made.
 (4) If:
 (a) a decision (the original decision) is made rejecting a person's claim for a social security payment or concession card; and
 (b) no notice is given to the person informing the person of the original decision; and
 (c) the person applies to the Secretary, under section 129, for review of the original decision; and
 (d) a decision that the claim be granted is made as a result of the application for review;
the determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.
 (5) If:
 (a) a decision (the original decision) is made rejecting a person's claim for a social security payment or concession card; and
 (b) the person is given a notice informing him or her of the original decision; and
 (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and
 (d) a decision that the claim be granted is made as a result of the review;
the determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.

Subdivision B—Determinations under section 78, 81A, 85, 85AA