Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 229, 1992 - SECT 106

106. After section 1028 of the Principal Act the following section is inserted
in Subdivision B of Division 9 of Part 2.20: Changes to payments by computer
following automatic termination

"1028A. If:

   (a)  a person is receiving a double orphan pension on the basis of data in
        a computer; and

   (b)  the pension is automatically terminated by the operation of a
        provision of this Act; and

   (c)  the automatic termination is given effect to by the operation of a
        computer program approved by the Secretary stopping payment of the
        pension; there is taken to be a decision by the Secretary that the
        automatic termination provision applies to the person's pension. Note:
        the decision that is taken to have been made is a decision of an
        officer for the purposes of review by the Secretary (see sections 1239
        and 1240) and the Social Security Appeals Tribunal (see section
        1247).".