Commonwealth Numbered Acts

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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 116

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

(a)
a decision (the original decision ) is made in relation to a person's qualification for 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)
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 qualification for a 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)
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 qualification for a concession card; and

(b)
the person is not given any notice informing him or her 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 qualification for a 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;

(d)
as a result of the review, the favourable decision is made more than 13 weeks after the 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.

Subdivision D—Date of effect of adverse determinations relating to social security payments


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