Secretary may continue payment etc. pending outcome of application for review
109G Secretary may continue payment etc. pending outcome of application for review
If:
an adverse family assistance decision is made; and
the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and
a person applies under section 109A for review of the adverse decision;
the Secretary may declare that entitlement to the family assistance to which the adverse family assistance decision relates is to continue, pending the determination of the review, as if the adverse decision had not been made.
While the declaration is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made.
The declaration:
starts to have effect on the day on which it is made or on the earlier day (if any) specified in the declaration; and
stops having effect if:
the application for review of the adverse decision is withdrawn; or
the review of the adverse decision is determined by the Secretary or an authorised review officer; or
the declaration is revoked by the Secretary.
In this section:
adverse family assistance decision, in relation to a person, means any decision having the effect that:
the person ceases to be entitled to family assistance; or
the person’s entitlement to family assistance is reduced.
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