Commonwealth Consolidated Acts Commonwealth Consolidated ActsScope
(1) This section applies if, on a particular day (the reconsideration day ):
(a) a person's schooling requirement payment has been, and remains, suspended under section 124NF, where the compliance notice concerned required the person to enter into a school attendance plan; and
(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and
(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day:
(i) the person has entered into such a plan containing requirements that the Secretary considers appropriate for the purpose of ensuring improved school attendance of the one or more children covered by the plan; or
(ii) there are special circumstances applying, as determined in accordance with the schooling requirement determination (if any), that justify the person being unable to enter into such a plan.
(2) This section also applies if, on a particular day (the reconsideration day ):
(a) a person's schooling requirement payment has been, and remains, suspended under section 124NF, where the compliance notice concerned required the person to comply with a school attendance plan in force in relation to the person; and
(b) the Secretary has reconsidered the decision to suspend the payment (whether on an application under section 129 or on his or her own initiative); and
(c) as a result of the reconsideration, the Secretary is satisfied that, as at the reconsideration day:
(i) the person is complying with the plan; or
(ii) there are special circumstances applying, as determined in accordance with the schooling requirement determination (if any), that justify the person being unable to comply with the plan.
Determination that payment is payable
(3) The Secretary must determine:
(a) that the schooling requirement payment is payable to the schooling requirement person (subject to any other provision of the social security law or the Veterans' Entitlements Act, as the case requires); and
(b) that any arrears resulting from the operation of this section are to be paid at a time, or times, stated in the determination under this subsection (or worked out in accordance with that determination).
Entitlement to arrears--suspension for total period of up to 13 weeks
(4) If the payment has been suspended under section 124NF for a total period of less than 13 weeks (which need not be a continuous period) in relation to compliance with a particular compliance notice, the date of effect of the determination under subsection (3) is the day on which the latest suspension determination was made under section 124NF in relation to such compliance.
Note: A schooling requirement payment may be suspended more than once under section 124NF (see subsection 124NF(3)).
Entitlement to arrears--suspension for total period of 13 weeks or more
(5) If subsection (4) does not apply, the date of effect of the determination under subsection (3) is:
(a) the reconsideration day; or
(b) an earlier day stated by the Secretary in that determination to be appropriate, in the special circumstances of the case applying as at the reconsideration day, as determined in accordance with the schooling requirement determination (if any).
(6) For the purposes of subsection (5), the Secretary may vary a determination under subsection (3) to state an earlier date of effect, if the determination:
(a) does not include such a statement; or
(b) includes such a statement in relation to a later day.
How arrears are paid
(7) Arrears resulting from the operation of this section may be paid to the person as a lump sum payment, a series of regular payments, or otherwise, in accordance with the determination under subsection (3).
(8) The person is entitled to a payment, or payments, of arrears arising from the operation of this section at the time, or times, provided by the determination under subsection (3).
Non - application of general provisions for date of effect
(9) Division 9 of Part 3 (date of effect of determinations) does not apply in relation to a determination under subsection (3).