Substituting determinations on a review
33 Substituting determinations on a review
This section applies in relation to:
an internal review conducted by the Secretary (the reviewer) under Division 4; or
an external review conducted by a person (the reviewer) appointed under Division 5.
Review of determination involving payment amount
If, on review of a determination of a payment amount under subsection 17(3), the reviewer is satisfied that the applicant is not eligible for the BSWAT payment scheme, the reviewer must:
set aside the determinations made under paragraph 17(2)(a) and subsection 17(3) for the applicant; and
substitute a new determination under paragraph 17(2)(b) that the applicant is not eligible for the BSWAT payment scheme.
The Secretary will then be required to refuse the application for a payment under the BSWAT scheme (see section 20).
Subsection (2) does not apply if a determination has been made under paragraph 17(2)(a) for the applicant in an external review under Division 5.
To avoid doubt, the reviewer may, on review of a determination of a payment amount, determine a lower payment amount for the applicant.
Review of determination that applicant ineligible
If, on review of a determination made under paragraph 17(2)(b), the reviewer is satisfied that the applicant is eligible for the BSWAT payment scheme, the reviewer must set aside that determination and make a determination under paragraph 17(2)(a) for the applicant.
The Secretary will then be required to determine a payment amount for the person under subsection 17(3).
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