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SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 131
Secretary may continue payment pending outcome of application for review
- (1)
- Subject to subsection (2), if:
- (a)
- an adverse decision is made in relation to a social security payment; and
- (b)
- the adverse decision:
- (i)
- depends on the exercise of a discretion, or the holding of an opinion, by
a person; or
- (ii)
- would result in the application of an activity test non-payment period;
and
- (c)
- a person applies to the Secretary under section 129 for review of the
adverse decision;
the Secretary may declare that the payment of the social security payment is
to continue pending the determination of the review as if the adverse decision
had not been made.
- (2)
- Subsection (1) does not apply in the case of a decision to which section
133 or 134 applies.
- (3)
- A declaration under subsection (1) must be by notice in writing.
- (4)
- While a declaration under subsection (1) is in force in relation to an
adverse decision, the social security law (other than this Part) applies as if
the adverse decision had not been made.
- (5)
- A declaration under subsection (1) in relation to an adverse decision:
- (a)
- takes effect on the day on which it is made or on such earlier day (if
any) as is specified in the declaration; and
- (b)
- ceases to have effect if:
- (i)
- the application for review is withdrawn; or
- (ii)
- a decision is made by the Secretary on the review of the adverse
decision; or
- (iii)
- the declaration is revoked by the Secretary.
- (6)
- A reference in subsection (1) to a person's holding of an opinion is a
reference to the person's holding that opinion, whether or not the social
security law expressly requires the opinion to be held before the decision
concerned is made.
- (7)
- In this section:
"adverse decision", in relation to a social security payment, means:
- (a)
- a decision to cancel or suspend the social security payment; or
- (b)
- a decision to reduce the rate of the social security payment.
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