Document ID: chunk:federal_register_of_legislation:C2004A00406:clause:2_992h
Version: federal_register_of_legislation:C2004A00406
Segment Type: clause
Provision Reference: sch 2 cl 992H
Character Range: 123257–125649

992H  Date of effect of adverse determination

 (1) The day on which a determination under section 992B, 992C or 992D (the adverse determination) takes effect is worked out in accordance with this section.

Notified change of circumstances

 (2) If:
 (a) the adverse determination is made following a person having notified the Department of the occurrence of an event or change of circumstances specified in a notice under section 984; and
 (b) the notification is made within the notification period specified in the notice; and
 (c) the person is not paid an instalment of carer allowance after the making of the notification and before the determination is made;
the determination takes effect on the day on which the event or change in circumstances occurred.

Contravention of Act

 (3) If:
 (a) the person whose carer allowance is affected by the adverse determination has contravened a provision of this Act (other than section 985, 1304, 1305, 1306 or 1307); and
 (b) the contravention causes a delay in the making of the determination;
the determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.

False statement or misrepresentation—cancellation or suspension

 (4) If:
 (a) a person has made a false statement or misrepresentation; and
 (b) because of the false statement or misrepresentation, the carer allowance has been paid to a person when it should have been cancelled or suspended;
the adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.

False statement or misrepresentation—rate reduction

 (5) 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 carer allowance was paid to a person was higher than it should have been;
the adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.

Other determinations

 (6) In any other case, an adverse determination takes effect:
 (a) on the day on which it is made; or
 (b) if the determination specifies a later day, on that day.

Division 10—Bereavement payments (death of disabled child)

Subdivision A—Death of disabled child