Document ID: chunk:federal_register_of_legislation:C2004A03678:body:0:p10
Version: federal_register_of_legislation:C2004A03678
Segment Type: other
Provision Reference: 
Character Range: 23781–26507

may order that a person who has applied under subsection (2) be made a party to the review.

The Social Security Appeals Tribunal's powers on review
"182. (1) Where a person applies to the Social Security Appeals Tribunal for review of a decision, the Tribunal shall:
     (a) affirm the decision;
     (b) vary the decision; or
     (c) set the decision aside and:
         (i) substitute a new decision; or
         (ii) send the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the Tribunal.
"(2) Subsection (1) is subject to section 198 (which allows the National Convener to dismiss an application for review in certain circumstances).
"(3) Where the Social Security Appeals Tribunal sets a decision aside and substitutes for it a decision that a person is entitled to a pension, benefit or allowance, the Tribunal shall:
     (a) assess the rate at which the pension, benefit or allowance is to be paid to the person; or
     (b) ask the Secretary to assess the rate at which the pension, benefit or allowance is to be paid to the person.
"(4) Subject to subsection (5), the Social Security Appeals Tribunal may, for the purposes of reviewing a decision under this Act, exercise all the powers and discretions that are conferred by this Act on the Secretary.
"(5) The reference in subsection (4) to powers and discretions conferred by this Act does not include a reference to powers and discretions conferred by:
     (a) subsection 159 (1);
     (b) section 161;
     (c) section 162;

     (d) section 163;
     (e) section 164;
     (f) section 168a;
     (g) section 170; or
     (h) subsection 184 (2).
"(6) The Social Security Appeals Tribunal may, for the purposes of reviewing a decision under the Health Insurance Act 1973, exercise all the powers and discretions that are conferred by that Act on the Secretary.
"(7) Where:
     (a) the Social Security Appeals Tribunal sets a decision aside under subsection (1); and
     (b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of this Act.

Date of effect of the Social Security Appeals Tribunal's decision
"183. (1) Subject to subsections (2), (3) and (4), a decision by the Social Security Appeals Tribunal comes into operation immediately on the giving of the decision.
"(2) The Tribunal may specify in a decision that the decision is not to come into operation until a later day specified in the decision and if it does so the decision comes into operation on that later day.
"(3) Subject to subsections (5) and (6), where