Document ID: chunk:federal_register_of_legislation:C2022A00055:clause:1_95d:p2
Version: federal_register_of_legislation:C2022A00055
Segment Type: clause
Provision Reference: sch 1 cl 95D (pt 2/3)
Character Range: 6861–9369

effect from the day the pension had ceased to be payable under section 93.

Suspension determination—event not notified within notification period
 (5) If:
 (a) the person does not inform the Department of the income‑related event within the notification period; and
 (b) the person's pension has been cancelled under section 94; and
 (c) the Department subsequently becomes aware of the income‑related event; and
 (d) within the period of 2 years and 14 days after the cancellation, the ordinary income of the person is of an amount that would not preclude the person from receiving age pension;
the Secretary may determine that:
 (e) the person is to be treated as if section 94 had not applied to cancel the person's pension; and
 (f) the person's pension is suspended for a period of 2 years and 14 days with effect from the day the pension had ceased to be payable under section 94.

Residency requirement
 (6) The Secretary must not make a determination under subsection (3), (4) or (5) unless the Secretary is satisfied that the person is residing in Australia.

Resumption of age pension after suspension
 (7) If:
 (a) the Secretary suspends a person's age pension under subsection (3), (4) or (5); and
 (b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and
 (c) as a result of the reconsideration, the Secretary is satisfied that:
              (i) the person did not receive age pension that was payable to the person; or
              (ii) the person is not receiving age pension that is payable to the person;
the Secretary is to determine that age pension was or is payable to the person, as the case requires.
 (8) The reconsideration referred to in paragraph (7)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.
 (9) A determination that age pension was or is payable to the person under subsection (7) takes effect:
 (a) if the person applied for reconsideration under section 129—on the day the application was made; or
 (b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.

Cancellation of age pension after period of suspension
 (10) If:
 (a) the Secretary suspends a person's age pension for a period under subsection (3), (4) or (5); and
 (b) the suspension continues in effect throughout the period;
then, at the end of the period, the determination granting the person age pension is, by force of this subsection, revoked.