Document ID: chunk:federal_register_of_legislation:C2004A04993:body:0:p8
Version: federal_register_of_legislation:C2004A04993
Segment Type: other
Provision Reference: 
Character Range: 18534–21410

to a particular departure by a person if:

SCHEDULE 1—continued

   (a) no more than 3 months after the Secretary first sent the person a recipient statement notice under subsection (1) of this section, the Secretary receives from the person a recipient statement notice that the Secretary sent to the person under that subsection; and

   (b) the Secretary is satisfied that the person would have been qualified for a social security payment from the day of the person's departure until the return of the notice if subsection 1218(2) had not applied to the person.

Restoration of payment on return of recipient statement notice after more than 3 months

"1218C.(1) A person who ceased to be qualified for a social security payment as a result of subsection 1218(2) (and has not become qualified again by any other means) becomes qualified again if:

   (a) more than 3 months after the Secretary first sent the person a recipient statement notice under subsection 1218B(1) but not more than 12 months after the person departed from Australia, the Secretary receives from the person a recipient statement notice that the Secretary sent to the person under that subsection; and

   (b) the Secretary is satisfied that the person would have been qualified for a social security payment from the day of the person's departure until the day that the Secretary received the returned notice if subsection 1218(2) had not applied to the person.

"(2) A person becomes qualified under subsection (1) on the day the Secretary receives the returned notice.".

30. After subsection 1243(1):

  Insert:

"(1A) In varying or substituting a decision under subsection (1), an authorised review officer may not exercise the Secretary's power under subsection 1218A(2) (which allows the Secretary to continue a person's qualification for a social security payment despite lack of a departure certificate, in circumstances beyond the person's control).".

31. Subsection 1250(1):

Add at the end:

     "(ka) under subsection 1218A(2) (continuation of social security payment despite lack of departure certificate, in circumstances beyond the control of the recipient of the payment).".

SCHEDULE I—continued

32. After subsection 1253(1):

Insert:

"(1A) In varying or substituting a decision under subsection (1), the SSAT may not exercise the Secretary's power under subsection 1218A(2) (which allows the Secretary to continue a person's qualification for a social security payment despite lack of a departure certificate, in circumstances beyond the person's control).".

33. After section 1294:

Insert in Division 2 of Part 6.4:

Limit on AAT's power in reviewing a decision

"1294A. The AAT Act applies to the review under section 1283 of a decision as if the reference in subsection 43(1) of the AAT Act to all the powers and discretions conferred on the person who made the decision