Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:2_62b
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 2 cl 62B
Character Range: 265152–266405

62B  Variation where failure to provide information relevant to schooling %

 (1) If:
 (a) determinations of conditional eligibility under section 50F and of schooling % under section 50K are in force in respect of a claimant who is an individual with the effect, in respect of the latter determination, that the schooling % is 100%; and
 (b) the Secretary, in order to make a decision about the schooling % applicable at any time, requires the claimant, or the claimant's partner, under Division 1 of Part 6, to give information or produce documents; and
 (c) the claimant or the claimant's partner refuses or fails to comply with the requirements;
the Secretary may vary the determination of the schooling % with the effect that the schooling % is 85%.

 (2) The variation has effect from the Monday after the day the variation is made.

Consequence of later provision of information or documents

 (3) If:
 (a) under subsection (1), the Secretary varies the determination; and
 (b) the claimant gives the information or produces the documents mentioned in paragraph (1)(b) by the end of the income year following the one in which the variation took effect;
the Secretary must vary the determination to undo the effect mentioned in subsection (1).