Document ID: chunk:federal_register_of_legislation:C2007C00215:clause:10_52
Version: federal_register_of_legislation:C2007C00215
Segment Type: clause
Provision Reference: sch 10 cl 52
Character Range: 260671–262082

52  Saving provision relating to administrative breaches

(1) If:
 (a) as a result of an administrative breach committed by the person before the commencement of this item, an administrative breach rate reduction period applied to the person under:
 (i) section 745H of the Social Security Act 1991; or
 (ii) subsection 63(5) or 64(4) of the Social Security (Administration) Act 1999; and
 (b) on that commencement, the administrative breach rate reduction period had not ended;
Subdivision D of Division 4 of Part 2.15 of the Social Security Act 1991 continues to apply to the administrative breach rate reduction period after that commencement as if it had not been repealed by this Act.

(2) The fact that an administrative breach rate reduction period is applying to the person because of this item does not prevent the application to the person, at the same time, of a period during which special benefit is not payable because of Subdivision C or CA of Division 1 of Part 2.15 of the Social Security Act 1991 as amended by this Act.

(3) In this item:
administrative breach means any refusal, failure or non‑compliance by the person as a result of which an administrative breach rate reduction period applied to the person, before the commencement of this item, under:
 (a) section 745H of the Social Security Act 1991; or
 (b) subsection 63(5) or 64(4) of the Social Security (Administration) Act 1999.