Document ID: chunk:federal_register_of_legislation:C2004A04731:section:10:p9
Version: federal_register_of_legislation:C2004A04731
Segment Type: section
Provision Reference: s 10 (pt 9/26)
Character Range: 113066–115743

officer for the purposes of review by the Secretary (see sections 1239 and 1240) and the Social Security Appeals Tribunal (see section 1247).

"Subdivision D—Determinations

Rate increase determination

"771NL. If the Secretary is satisfied that the rate at which partner allowance is being, or has been, paid is less than the rate provided for by this Act, the Secretary is to determine that the rate is to be increased to the rate specified in the determination.

Note: For the date of effect of a determination under this section see section 771NR.

Rate reduction determination

"771NM. If the Secretary is satisfied that the rate at which partner allowance is being, or has been, paid is more than the rate provided for by this Act, the Secretary is to determine that the rate is to be reduced to the rate specified in the determination.

    Note 1: A determination under this section is not necessary in a case where an automatic rate reduction is produced by section 771NI (see subsection 771NA(2)).

Note 2: For the date of effect of a determination under this section see section 771NS.

Cancellation or suspension determination

"771NN. If the Secretary is satisfied that partner allowance is being, or has been, paid to a person to whom it is not, or was not, payable under this Act, the Secretary is to determine that the allowance is to be cancelled or suspended.

    Note 1: A determination under this section is not necessary in a case where an automatic termination is produced by section 771NB, 771NC, 771ND or 771NE (see subsection 771NA(1)).

    Note 2: For the date of effect of a determination under this section see section 771NS.

Cancellation or suspension for failure to comply with section 771MD, 1304 or 1305 notice

  "771NO. If:

     (a) a person who is receiving partner allowance is given a notice under section 771MD, 1304 or 1305; and

     (b) the person does not comply with the requirements set out in the notice;

the Secretary may determine that the allowance is to be cancelled or suspended.

Note 1: This section will not apply in a case where section 771NF or 771NN applies.

Note 2: For the date of effect of a determination under this section see section 771NS.

Changes to payments by computer

  "771NP. If:

    (a) payment of partner allowance to a person is based upon data in a computer; and

    (b) the allowance rate is increased or reduced, or the allowance is cancelled or suspended, because of the operation of a computer program approved by the Secretary; and

    (c) the program causes the change for a reason for which the Secretary could determine the change;

the change is taken to have been made because of a