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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 129

Application for review

  (1)   Subject to subsections   (3) and (4), a person affected by a decision of an officer under the social security law may apply to the Secretary for review of the decision.

  (3)   If:

  (a)   an officer makes a decision under the social security law in relation to pension bonus or essential medical equipment payment; and

  (b)   notice is given to the person concerned;

the person is not entitled to make an application under subsection   (1) for review of the decision more than 13 weeks after the giving of the notice.

  (4)   A person may not apply under subsection   (1) for review of:

  (a)   a decision made by the Secretary himself or herself; or

  (c)   a decision made by the Employment Secretary:

  (i)   under section   28 of the 1991 Act; or

  (ii)   approving a course of study or a labour market program; or

  (iii)   exempting a person from the application of a provision of the social security law; or

  (d)   a decision made personally by the Agriculture Minister or the Secretary of the Agriculture Department under or in relation to the Farm Household Support Act 2014 ; or

  (da)   a decision that is a reviewable decision under section   138A (decision by Commissioner about deferring or amending assessment relating to student start - up loans); or

  (db)   a decision under section   138D or 138F (decision following reconsideration of a decision that is a reviewable decision under section   138A); or

  (dc)   a decision by the Commissioner to give a notice under subsection   1061ZVJD(1) or 1061ZVJF(1) of the 1991 Act (notifying Secretary that incorrect or cancelled tax file number has been given in relation to student start - up loans); or

  (f)   a decision made by the Chief Executive Centrelink himself or herself in the exercise of a delegated power.

  (5)   A reference in this section to a decision of an officer under the social security law includes a reference to a determination that the Secretary is taken, by virtue of a provision of the social security law, to have made.



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