Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 145
Secretary may continue payment pending outcome of application for review
- (1)
- 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 by a person 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 SSAT under subsection 142(1) or (2) for review of
the adverse decision;
the Secretary may declare that 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)
- A declaration must be by notice in writing.
- (3)
- While a declaration under subsection (1) is in force in relation to an
adverse decision, the social security law (other than this Division) applies
as if the adverse decision had not been made.
- (4)
- A declaration under subsection (1) in relation to an adverse decision:
- (a)
- takes effect on the day on which the declaration 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 to the SSAT for review of the adverse decision is
withdrawn; or
- (ii)
- the review of the adverse decision is determined by the SSAT; or
- (iii)
- the declaration is revoked by the Secretary.
- (5)
- 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.
- (6)
- 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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback