Document ID: chunk:federal_register_of_legislation:C2004A04731:front:0:p21
Version: federal_register_of_legislation:C2004A04731
Segment Type: other
Provision Reference: 
Character Range: 53193–55835

to payments by computer following automatic rate reduction

  "950. If:

     (a) a person is receiving home child care allowance on the basis of data in a computer; and

     (b) the home child care allowance is automatically reduced by the operation of a provision of this Act; and

     (c) the automatic reduction is given effect to by the operation of a computer program approved by the Secretary reducing the rate of payment of the home child care allowance;

there is taken to be a decision by the Secretary that the automatic rate reduction provision applies to the person's home child care allowance.

   Note: The decision 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).

"Subdivision D—Determinations

Rate increase determination

"951. If the Secretary is satisfied that the rate at which home child care allowance is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.

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

Rate reduction determination

"951A. If the Secretary is satisfied that the rate at which home child care allowance is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.

    Note 1: A determination under this section is not necessary in a case where an automatic rate reduction is produced by section 949 (see subsection 945(2)).

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

Cancellation or suspension determination

"951B. If the Secretary is satisfied that home child care allowance is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the home child care allowance is to be cancelled or suspended.

    Note 1: A determination under this section is not necessary in a case where an automatic termination is produced by section 946 or 947 (see subsection 945(1)).

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

Cancellation or suspension for failure to comply with section 944, 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