Document ID: chunk:federal_register_of_legislation:C2006C00614:clause:4_65da:p1
Version: federal_register_of_legislation:C2006C00614
Segment Type: clause
Provision Reference: sch 4 cl 65DA (pt 1/2)
Character Range: 57214–59997

65DA  Variation of determination of eligibility for special grandparent rate

Variation with effect that individual is not eligible for special grandparent rate

 (1) If:
 (a) a determination of conditional eligibility under section 50F is made in respect of a claimant who is an individual and in respect of a child; and
 (b) a determination is in force under subsection 50T(1) with the effect that the claimant is eligible for the special grandparent rate for the child; and
 (c) after the determinations are made, an event occurs; and
 (d) the determination of conditional eligibility has, at some time after the occurrence, the effect that the claimant is conditionally eligible; and
 (e) when the Secretary becomes aware of the occurrence, the Secretary considers that, if he or she were making the determination under subsection 50T(1) immediately after the occurrence, the claimant would not be eligible for the special grandparent rate for the child;
the Secretary must vary the determination under subsection 50T(1) with effect that the claimant is not eligible for that rate for the child.

 (2) The variation under subsection (1) has effect from the date of the occurrence.

Variation with effect that individual is again eligible for special grandparent rate

 (3) If:
 (a) a determination of conditional eligibility under section 50F is made in respect of a claimant who is an individual and in respect of a child; and
 (b) a determination is made under subsection 50T(1) with the effect that the claimant is eligible for the special grandparent rate for the child; and
 (c) the determination referred to in paragraph (b) is varied with the effect that the claimant is not eligible for the special grandparent rate for the child; and
 (d) an event occurs while the variation referred to in paragraph (c) is in force; and
 (e) the determination of conditional eligibility has, at some time after the occurrence, the effect that the claimant is conditionally eligible; and
 (f) when the Secretary becomes aware of the occurrence, the Secretary considers that, if he or she were making the determination under subsection 50T(1) immediately after the occurrence, the claimant would be eligible for the special grandparent rate for the child;
the Secretary must vary the determination under subsection 50T(1) with effect that the claimant is eligible for that rate for the child.

 (4) The variation under subsection (3) has effect from:
 (a) if no day is specified in the notice of determination—the day the variation is made; or
 (b) on the day specified in the notice of variation.

 (5) The Secretary may specify a day, not more than 4 weeks before:
 (a) if the Secretary becomes aware of the occurrence because the claimant notifies the Secretary of the occurrence—the