Commonwealth Numbered Acts

CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 252

(a) the Secretary makes a determination (the first determination ) that:

(i) a person is ^* entitled to a ^* child care payment; or

(ii) a child care payment is payable at a particular rate to a person; and

(b) the Secretary makes a determination (the second determination ):

(i) to cancel the child care payment; or

(ii) to reduce the rate at which the child care payment is payable; and

(c) notice of the second determination is given to the person; and

(d) the person applies under section 249 for review of the second determination; and

(e) the application is made more than 13 weeks after the notice is given; and

(f) a decision (the review decision ) is made by the Secretary, the ^* CEO, an ^* authorised review officer, the SSAT or the AAT; and

(g) the review decision, or the effect of the review decision, is:

(i) to set aside the second determination; or

(ii) to affirm a decision setting aside the second determination;

(h) the second determination does not become void from the time when it was made;

(i) the mere setting aside of the second determination does not of itself revive the first determination.

(a) the person applies for review of another determination or decision; and

(b) an examination of the primary determination is necessary to resolve the issues raised by the review of the other determination or decision.