Document ID: chunk:federal_register_of_legislation:C2024C00458:section:118:p5
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 118 (pt 5/7)
Character Range: 386551–389254

(6B) If:
 (a) a person and his or her partner (the partner) are each receiving a social security payment; and
 (b) the partner is given a notice under section 68 requiring the partner to give the Department a statement; and
 (c) the notice relates to the payment of the partner's social security payment in respect of an instalment period specified in the notice; and
 (d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and
 (e) the partner's student income bank balance is reduced to nil during the instalment period; and
 (f) following the giving of the statement, an adverse determination is made in relation to the person's social security payment; and
 (g) the determination is made because, in the instalment period, either:
 (i) the partner earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or
 (ii) the partner has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income;
the determination takes effect on:
 (h) if the determination is attributable to the reduction of the partner's student income bank balance to nil—the day on which the balance was so reduced; and
 (i) if the determination is attributable to the partner's having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the partner's opening balance was nil.
 (7) If:
 (a) the person whose social security payment is affected by the adverse determination has contravened a provision of this Act or a provision of the 1991 Act (other than an excluded provision); and
 (b) the contravention causes a delay in the making of the determination;
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.
 (7A) Subsection (7) does not apply to a determination under subsection 81(3).
 (8) If:
 (a) a person has made a false statement or misrepresentation; and
 (b) because of the false statement or misrepresentation, a social security payment 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.
 (9) 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 social security payment was paid to a person was higher than it should have been;
the