Document ID: chunk:federal_register_of_legislation:C2004A01344:clause:3_49x
Version: federal_register_of_legislation:C2004A01344
Segment Type: clause
Provision Reference: sch 3 cl 49X
Character Range: 73518–74496

49X  Determination of request

 (1) If:
 (a) a person makes a request under section 49V in respect of a service pension or income support supplement; and
 (b) the Commission is satisfied that the rate at which the pension or supplement is being, or has been, paid to the person is less than the rate at which it would be, or would have been, paid if the value of the eligible interests transferred by the person or the person's partner had not been included in the value of the person's assets, or the partner's assets, when calculating the rate of the person's pension or supplement;
the Commission must determine that the request is to be granted.

 (2) The determination takes effect:
 (a) if the person makes the request during the period of 13 weeks that starts on the day on which the transfer was completed—on the day on which the transfer was completed; or
 (b) in any other case—on the day on which the request is made.

Subdivision E—Sugarcane farmers' income test