Suspension of invalidity pension for invalid’s failure to submit to medical examination or give work information to CSC
47 Suspension of invalidity pension for invalid’s failure to submit to medical examination or give work information to CSC
Requirement to undergo examination or give information
CSC may, by written notice (the first notice) given to an invalid receiving invalidity pension, require him or her:
to submit himself or herself for medical examination by a legally qualified medical practitioner at a time and place specified in the notice; or
to give CSC, within the period specified in the notice, the information required in the notice about any work (as an employee or on his or her own account) in which he or she has been engaged during the period specified in the notice.
The first notice must set out the effect of subsection (2).
Suspension for failure to comply with requirement
If the invalid fails to comply with the first notice and CSC is not satisfied that there was a reasonable excuse for the failure, CSC may, by another written notice given to the invalid, suspend his or her invalidity pension with effect from a day determined by CSC that is not earlier than:
the day after the day the first notice required the invalid to submit to medical examination; or
the day after the end of the period in which the first notice required the invalid to give CSC information.
The notice suspending the pension must set out the effect of subsections (5), (6), (7) and (8).
The pension is not payable for a period for which it is suspended. This subsection has effect despite Division 2 of Part 2 (which makes the pension payable).
Revoking suspension
CSC may, by written notice given to the invalid, revoke the suspension of the pension, with effect from the day the notice is given or an earlier day specified by CSC in the notice.
Request to revoke suspension
The invalid, or a person acting for the invalid, may request CSC in writing to revoke the suspension. This does not limit subsection (4).
If the revocation is requested, CSC must give the invalid another notice (the repeat notice) requiring the invalid:
to submit himself or herself for medical examination by a legally qualified medical practitioner at a time and place specified in the repeat notice, if the first notice required the invalid to submit to a medical examination; or
to give CSC, within a specified period, the information required by the first notice.
The repeat notice must set out the effect of subsections (7) and (8).
CSC must revoke the suspension under subsection (4), if:
the invalid complies with the requirement in the repeat notice; or
the invalid fails to do so but CSC is satisfied that there is a reasonable excuse for that failure.
CSC must specify that the revocation has effect from a day not later than:
the day the invalid complied with the requirement in the repeat notice; or
the day CSC was satisfied that there is a reasonable excuse for the failure.
CSC must give the invalid a written notice refusing to revoke the suspension if the invalid does not comply with the requirement in the repeat notice and CSC is not satisfied that there is a reasonable excuse for the failure.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.