Document ID: chunk:federal_register_of_legislation:C2024C00458:section:110:p1
Version: federal_register_of_legislation:C2024C00458
Segment Type: section
Provision Reference: s 110 (pt 1/4)
Character Range: 363730–366360

110  Date of effect of favourable determination
 (1) Subject to subsections (1A) to (11A) (inclusive), if a favourable determination is made following a person having informed the Department of the occurrence of an event or change of circumstances, the determination takes effect:
 (a) on the day on which the person so informed the Department; or
 (b) on the day on which the event or change occurred;
whichever is the later.
 (1A) If a favourable determination is made in relation to a person who has not reached pension age:
 (a) following the person's having informed the Department of the occurrence of an event or change of circumstances; and
 (b) because, in an instalment period of the person:
 (i) there is a decrease in the amount of the person's employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or
 (ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;
the determination takes effect on the first day of the instalment period, or on the first day of the instalment period in which the person so informs the Department, whichever is the later.
 (2) Subject to subsection (2A), if a favourable determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.
 (2A) If a favourable determination is made in relation to a person who has not reached pension age:
 (a) following the person's having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and
 (b) because, in the instalment period:
 (i) there is a decrease in the amount of the person's employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or
 (ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;
the determination takes effect on the first day of the instalment period.
 (3) Subject to subsection (3A), if:
 (a) a person and his or her partner (the partner) are each receiving a social security payment; and
 (b) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and
 (c) the notice relates to the payment of the partner's social security payment in respect of a period specified in the notice; and
 (d) the partner gives the