Commonwealth Numbered Acts

SOCIAL SECURITY AMENDMENT ACT (No. 2) 1993 No. 120, 1993 - SECT 19

19. After section 1243 of the Principal Act the following section is inserted:
Certain determinations not to be revived

"1243A.(1) If:

   (a)  the Secretary makes a determination (the 'first determination') that:

        (i)    a social security payment is granted or is payable to a person;
               or

        (ii)   a social security payment is payable at a particular rate to
               the person; and

   (b)  the Secretary makes a determination (the 'second determination'):

        (i)    to cancel the social security payment; or

        (ii)   to reduce 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 to the Secretary under section 1240 for review of
        the second determination; and

   (e)  the application is made more than 13 weeks after the notice is 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)    to set aside the second determination; or

        (ii)   to affirm a decision setting aside the second determination;
               the following provisions have effect:

   (h)  the second determination does not become void from the time when it
        was made;

   (i)  the mere setting aside of the second determination does not of itself
        revive the first determination.

"(2) In 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)  an examination of the primary determination is necessary to resolve
        the issues raised by the review of that other determination or
        decision.

"(3) In this section, unless the contrary intention appears: 'social security
payment' means:

   (a)  a social security pension; or

   (b)  a social security benefit; or

   (c)  an allowance under this Act; or

   (d)  a family payment; or

   (e)  any other kind of payment under Chapter 2 of this Act; or

   (f)  a pension, benefit or allowance under the 1947 Act. Note 1: For the
        meaning of 'given' in relation to a notice of a decision see section
        1302A. Note 2: A notice is taken to have been given to a person even
        if the Secretary is satisfied that the person did not actually receive
        the notice (see subsection 23(12)). Note 3: This section does not
        apply to a determination by the Secretary to suspend a social security
        payment. If the Secretary's determination to suspend a social security
        payment is set aside on review, the recipient is placed in the
        position that he or she would have occupied if the determination to
        suspend had not been made. Note 4: If the Secretary or an authorised
        review officer decides that a person's social security payment is to
        resume, or resume at an increased rate, certain sections (eg section
        887) restrict the date from which the new determination can take
        effect. Section 1255 places a similar restriction on the Social
        Security Appeals Tribunal and section 43 of the Administrative 
        Appeals Tribunal Act 1975 places a similar restriction on the
        Administrative Appeals Tribunal.".