Commonwealth Consolidated Acts

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Application to review compensation decision--disability support pension

             (1)  This section applies if a person claims a disability support pension and:

                     (a)  the Secretary decides under section 1167 that the pension is not to be granted or is not payable; or

                     (b)  the Secretary decides under section 1169 that the pension is not payable; or

                     (c)  the Secretary decides that, if the person were qualified for the pension, the rate of the pension would be reduced to nil under section 1173.

             (2)  If:

                     (a)  an application referred to in section 142 of the Administration Act is made for AAT first review of that decision; and

                     (b)  at the time of the application, the Secretary has not taken the necessary steps to satisfy himself or herself whether the person is qualified for the disability support pension; and

                     (c)  the person who claimed the disability support pension requests the Secretary, in writing, to take those steps;

the Secretary must take those steps as soon as practicable after the request is made.


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