Commonwealth Numbered Acts

AGED CARE INCOME TESTING ACT 1997 No. 103 of 1997 - SECT 13

(1) Subject to subsections (2) and (3), if:

   (a)  an application under section 1240 of the Social Security Act  1991 has
        been made for review of a determination of a person's ordinary income
        under section 5 of this Act; and

   (b)  a decision is made under section 1243 of the Social Security Act  1991
        to vary or set aside the determination; the decision to vary or set
        aside the determination takes effect on the day on which the
        determination was made.

(2) If the application for review of the determination under section  1240 of
the Social Security Act 1991 was made more than 3 months after notice of the
determination was given under section 9 of this Act, the decision to vary or
set aside the determination takes effect on the day on which the application
for review was made.

(3) If the decision to vary or set aside the determination has the effect of
increasing the amount determined as the person's ordinary income, the decision
takes effect:

   (a)  on the day specified in the decision; or

   (b)  if a day is not specified-on the day on which the decision was made.

(4) The day specified under paragraph (3)(a) may be earlier than the day on
which the decision was made only if the amount determined under section 5 as
the person's ordinary income was less than what it ought to have been because
the person made a false statement or misrepresentation.

(5) In this section, a reference to setting a determination aside is a
reference to setting the determination aside and substituting a new
determination.