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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 109

Date of effect of favourable determination resulting from review
(1)
If:

(a)
a decision (the original decision ) is made in relation to a person's social security payment; and

(b)
a notice is given to the person informing the person 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)
the favourable determination is made as a result of the application for review;

the favourable determination takes effect on the day on which the determination embodying the original decision took effect.

(2)
If:

(a)
a decision (the original decision ) is made in relation to a person's social security payment; and

(b)
a notice is given to the person informing the person 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)
the favourable determination is made as a result of the application for review;

the favourable determination takes effect on the day on which the application for review was made.

(3)
If:

(a)
a decision (the original decision ) is made in relation to a person's social security payment; and

(b)
the person is not given notice of the original decision; and

(c)
the person applies to the Secretary, under section 129, for review of the original decision; and

(d)
the favourable determination is made as a result of the application for review;

the favourable determination takes effect on the day on which the determination embodying the original decision took effect.

(4)
If:

(a)
a decision (the original decision ) is made in relation to a person's social security payment; 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, the favourable determination is made within 13 weeks after notice of the original decision was given to the person;

the favourable determination 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 in relation to a person's social security payment; 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, the favourable determination is made more than 13 weeks after notice of the original decision was given to the person;

the favourable determination takes effect on the day on which the review was begun by the Secretary.

(6)
If the favourable determination is made to reverse the effect of a determination that cancelled or suspended a social security pension because the payment ceased to be payable under section 1218 of the 1991 Act, the favourable determination takes effect on the day specified in the favourable determination. The day specified must be a day on or after the day on which the cancellation or suspension of the social security payment took effect.


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