Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p22
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 55612–58366

1304 or 1305 notice

  "951C. If:

  (a) a person is given a notice under section 944, 1304 or 1305; and

    (b) the person does not comply with the requirements set out in the notice;

the Secretary may determine that the home child care allowance is to be cancelled or suspended.

    Note 1: This section will not apply if section 951B applies.

    Note 2: For the date of effect of a determination under this section see section 951G.

Changes to payments by computer

  "951D. If:

    (a) payment of home child care allowance to a person is based upon data in a computer; and

     (b) the rate of home child care allowance is increased or reduced, or home child care allowance is cancelled or suspended, because of the operation of a computer program approved by the Secretary; and

     (c) the program causes the change for a reason for which the Secretary could determine the change;

the change is taken to have been made because of a determination by the Secretary for that reason.

    Note: The determination that is taken to have been made is a decision of an officer for the purposes of review by the Secretary (see sections 1239 and 1240) and the Social Security Appeals Tribunal (see section 1247).

Resumption of payment after cancellation or suspension

  "951E.(1) If the Secretary:

     (a) cancels or suspends a person's home child care allowance under section 951B or 951C; and

  (b) reconsiders the decision to cancel or suspend; and

  (c) becomes satisfied that, because of the decision to cancel or suspend:

        (i) the person did not receive home child care allowance that was payable to the person; or

        (ii) the person is not receiving home child care allowance that is payable to the person;

the Secretary is to determine that home child care allowance was or is payable to the person.

"(2) The reconsideration referred to in paragraph (1)(b) might be a reconsideration on an application under section 1240 for review or a reconsideration on the Secretary's own initiative.

Note: For the date of effect of a determination under this section see section 951F.

"Subdivision E—Date of effect of determinations

Date of effect of favourable determination

"951F.(1) The day on which a determination under section 951 or 951E (the 'favourable determination') takes effect is worked out in accordance with this section.

Notified decision—review sought within 13 weeks

  "(2) If:

     (a) a decision (the 'previous decision') is made in relation to a person's home child care allowance; and

     (b) a notice is given to the person advising the person of the making of the previous decision; and

     (c) the person applies to the Secretary under section 1240, within 13 weeks after the notice is given,