Document ID: chunk:federal_register_of_legislation:C2004A01344:clause:1_1185x
Version: federal_register_of_legislation:C2004A01344
Segment Type: clause
Provision Reference: sch 1 cl 1185X
Character Range: 32518–33479

1185X  Determination of request

 (1) If:
 (a) a person makes a request under section 1185V in respect of a social security payment; and
 (b) the Secretary is satisfied that the rate at which the social security payment is being, or has been, paid to the person is less than the rate at which it would be, or would have been, paid if the value of the eligible interests transferred by the person or the person's partner had not been included in the value of the person's assets, or the partner's assets, when calculating the rate of the person's social security payment;
the Secretary must determine that the request is to be granted.

 (2) The determination takes effect:
 (a) if the person makes the request during the period of 13 weeks that starts on the day on which the transfer was completed—on the day on which the transfer was completed; or
 (b) in any other case—on the day on which the request is made.

Division 4—Sugarcane farmers' income test