Document ID: chunk:federal_register_of_legislation:C2024C00866:section:56h:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 56H (pt 1/3)
Character Range: 1032328–1035133

56H  Date of effect of adverse determination

General
 (1) The day on which a determination under section 56D, 56E, 56EA, 56EB or 56EC (in this section called the adverse determination) takes effect is worked out in accordance with this section.
 (2) The adverse determination takes effect on:
 (a) the day on which the determination is made; or
 (b) if another day is specified in the determination—on that day.
 (3) Subject to subsections (4), (5), (6), (7), (8) or (9), the day specified under paragraph (2)(b) must be later than the day on which the determination is made.

Contravention of Act
 (4) If the adverse determination is made because a person has contravened a provision of this Act (other than subsection 54(6), 54A(6), 54AA(7) or 128(4)) the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—suspension or cancellation
 (5) If:
 (a) a person has made a false statement or misrepresentation; and
 (b) because of the false statement or misrepresentation, any amount of a service pension, income support supplement or a veteran payment has been paid to a person which should not have been paid;
the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

False statement or misrepresentation—rate reduction
 (6) If:
 (a) a person has made a false statement or misrepresentation; and
 (b) because of the false statement or misrepresentation, the rate at which a service pension, income support supplement or a veteran payment was paid to a person was more than it should have been;
the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of periodic compensation payments—suspension or cancellation
 (7) If:
 (a) an adverse determination is made in relation to a person because of point SCH6‑E4 (payment of arrears of periodic compensation payments); and
 (b) a service pension, income support supplement or a veteran payment has been paid to the person or to the person's partner when, because of the payment of arrears of periodic compensation, the service pension, income support supplement or veteran payment should have been cancelled or suspended;
the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.

Payment of arrears of compensation payments—rate reduction
 (8) If:
 (a) an adverse determination is made in relation to a person because of point SCH6‑E4 (payment of arrears of periodic compensation payments); and
 (b) an amount of service pension, income support supplement or veteran payment was paid to the person or to the person's partner that, because of the payment of arrears of periodic compensation, was more than the