Document ID: chunk:federal_register_of_legislation:F2024C01079:schedule:2:p24
Version: federal_register_of_legislation:F2024C01079
Segment Type: schedule
Provision Reference: sch 2 (pt 24/28)
Character Range: 123576–129768

of the change in circumstances:
                                                                                                                                                                            i.                                                                    The applicant is not eligible for a support payment.
                                                                                                                                                                            ii.                                                                   The applicant is eligible for a lower support payment than the amount that was paid.
2.  The CDF may substitute a new decision in relation to a past claim period, requiring the repayment of all or a specified part of a support payment.
3.  If the CDF substitutes a decision under this section, they must give the applicant written notice of the decision including the reasons for substituting the decision.

Part 7: Review of decisions

Division 1: General

7.1.1 Purpose
   This Part sets out a procedure for an applicant who is dissatisfied with certain decisions to request the review of those decisions and the applications to which they relate.

7.1.2 Reviewable decisions
1.  For the purpose of this Part, reviewable decision means any of the following decisions:

    a.                                                                                       A decision to refuse to deal with an application because it was not validly made.
    b.                                                                                       A decision to refuse an application.
    c.                                                                                       A decision about the amount of a support payment, extended support payment or additional support payment that is payable to an applicant.
    d.                                                                                       Any of the following decisions made after the conclusion of a review initiated by the CDF under Division 3:
                                                                                             i.                                                                                                                                         A decision to confirm the decision reviewed.

                                                                                             ii.                                                                                                                                        A decision that is substituted for the decision reviewed.

                                                                                             iii.                                                                                                                                       A decision authorising a support payment, extended support payment or additional support payment to be made after a decision is substituted.

                                                                                             iv.                                                                                                                                        A decision requiring the repayment of a support payment, extended support payment or additional support payment in relation to a past period.

2.  The following decisions are not reviewable decisions for the purposes of this Part:
    a.                                                                                       Any of the following decisions made after the conclusion of a review requested by the applicant:
                                                                                             i.                                                                                                                                         A decision to confirm the decision reviewed.

                                                                                             ii.                                                                                                                                        A decision that is substituted for the decision reviewed.

                                                                                             iii.                                                                                                                                       A decision authorising a support payment, extended support payment or additional support payment to be made after the new decision is substituted.

                                                                                             iv.                                                                                                                                        A decision requiring the repayment of a support payment, extended support payment or additional support payment in relation to a past period.

                                                                                             v.                                                                                                                                         A decision that is being investigated, or has been investigated under the Ombudsman Act 1976.

                                                                                             vi.                                                                                                                                        A decision that is, or has been, the subject of an application for review to the Administrative Review Tribunal.

    b.                                                                                       A decision to refuse to deal with an application or with a request for review under Division 2 because it was not made on time.
    c.                                                                                       A decision to refuse to act on a recommendation about approving a capability payment rate.
    d.                                                                                       A decision to approve