SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 107
General rule
(1)
Subject to subsections (2), (3) and (4), a determination under section 37
takes effect on the day on which the determination is made or on such earlier
or later day as is specified in the determination.
(2)
If:
(a)
a decision (the original decision ) is made rejecting a person's claim for
a social security payment or a concession card; and
(b)
the person is given a notice informing him or her of the original
decision; and
(c)
within 13 weeks after the notice is given, the person applies to the
Secretary, under section 129, for review of the original decision; and
(d)
a decision that the claim be granted is made as a result of the
application for review;
the determination embodying the last-mentioned decision takes effect on the
day on which the determination embodying the original decision took effect.
(3)
If:
(a)
a decision (the original decision ) is made rejecting a person's claim for
a social security payment or concession card; and
(b)
the person is given a notice informing him or her of the original
decision; and
(c)
more than 13 weeks after the notice is given, the person applies to the
Secretary, under section 129, for review of the original decision; and
(d)
a decision that the claim be granted is made as a result of the
application for review;
the determination embodying the last-mentioned decision takes effect on the
day on which the application for review was made.
(4)
If:
(a)
a decision (the original decision ) is made rejecting a person's claim for
a social security payment or concession card; and
(b)
no notice is given to the person informing the person of the original
decision; and
(c)
the person applies to the Secretary, under section 129, for review of the
original decision; and
(d)
a decision that the claim be granted is made as a result of the
application for review;
the determination embodying the last-mentioned decision takes effect on the
day on which the determination embodying the original decision took effect.
(5)
If:
(a)
a decision (the original decision ) is made rejecting a person's claim for
a social security payment or concession card; and
(b)
the person is given a notice informing him or her of the original
decision; and
(c)
the Secretary reviews the decision under section 126 without any
application under section 129 for review of the decision having been made; and
(d)
as a result of the review, a decision that the claim be granted is made
more than 13 weeks after notice of the original decision was given to the
person;
the determination embodying the last-mentioned decision takes effect on the
day on which the determination embodying the original decision took effect.
Subdivision B—Determinations under section 78 or 85
Commonwealth Numbered Acts