Document ID: chunk:federal_register_of_legislation:C2024C00458:section:118:p3
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 118 (pt 3/7)
Character Range: 381641–384337

effect on the first day of the periodic payments period to which the arrears of periodic compensation payments relate.
 (5) Subject to subsections (5A) and (5B), if the adverse determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.
 (5A) If an adverse determination is made in relation to a person who has not reached pension age:
 (a) following the person's having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and
 (b) because the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in the instalment period;
the determination takes effect on:
 (c) if the determination is attributable to the reduction, during the instalment period, of the person's working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and
 (d) if the determination is attributable to the person's having a working credit balance or 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 person's opening balance was nil; and
 (e) in any other case—the first day of the instalment period.
 (5B) If:
 (a) an adverse determination is made in relation to a person following the person's having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and
 (b) the determination is made because, in the instalment period, either:
 (i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or
 (ii) the person 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; and
 (c) the person's student income bank balance is reduced to nil during the instalment period;
the determination takes effect on:
 (d) if the determination is attributable to the reduction of the student income bank balance to nil—the day on which the balance was so reduced; and
 (e) if the determination is attributable to the person'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 person's opening balance was