SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 137 Certain decisions not to be revived

Commonwealth Numbered Acts

Certain decisions not to be revived

(i): a social security payment is granted or is payable to a person; or
(ii): a social security payment is payable to a person at a particular rate; and

(i): cancelling the social security payment; or
(ii): reducing the rate at which the social security payment is payable; and

(c): notice of the second determination is given to the person; and
(d): the person applies under section 129 for review of the second determination; and
(e): the application is made more than 13 weeks after notice of the second determination was given; and
(f): a decision (the review decision ) is made by the Secretary, an authorised review officer, the Social Security Appeals Tribunal or the Administrative Appeals Tribunal; and
(g): the review decision, or the effect of the review decision, is:

(i): a social security payment is granted or is payable to a person; or
(ii): a social security payment is payable to a person at a particular rate; and

(i): cancelling the social security payment; or
(ii): reducing the rate at which the social security payment is payable; and

(c): notice of the second determination is given to the person; and
(d): the Secretary reviews the second determination under section 126 without any application under section 129 for review of the decision having been made; and
(e): the decision of the Secretary on the review is to set aside the second determination; and
(f): the decision on the review is made more than 13 weeks after notice of the second determination was given.

(b): the Secretary makes a determination (the second determination ) cancelling the concession card; and
(c): notice of the second determination is given to the person; and
(d): the person applies under section 129 for review of the second determination; and
(e): the application is made more than 13 weeks after notice of the second determination was given; and
(f): a decision (the review decision ) is made by the Secretary, an authorised review officer, the Social Security Appeals Tribunal or the Administrative Appeals Tribunal; and
(g): the review decision, or the effect of the review decision, is:

(b): the Secretary makes a determination (the second determination ) cancelling the concession card; and
(c): notice of the second determination is given to the person; and
(d): the Secretary reviews the second determination under section 126 without any application under section 129 for review of the declaration having been made; and
(e): the decision of the Secretary on the review is to set aside the second determination; and
(f): the decision is made more than 13 weeks after notice of the second determination was given.

(a): the second determination does not become void from the time when it was made; and
(b): the mere setting aside of the second determination does not of itself revive the first determination.

(6): For the purposes of this section, a person is taken to have applied for review of a determination (the primary determination ) if:

(a): the person applies for review of another determination or decision; and
(b): a review of the primary determination is necessary to resolve the issues raised by the review of that other determination or decision.

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