Social Security Act 1991

In this clause:

Part 3.14 of the new Act has effect subject to this clause.

Subject to subclause (9), if:

before 20 September 2001, because of the operation of subsection 1165(1A) or (2AA) of the old Act, a social security payment had ceased to be payable to a person for a period; and

if the provisions of the old Act had continued in force on and after 20 September 2001, the payment would not have become payable again until a time on or after that date;

the new Act had been in operation when the social security payment ceased to be payable for the period; and

the social security payment had so ceased because of the operation of subsection 1169(1) of the new Act.

Subject to subclause (9), if:

before 20 September 2001, because of the operation of a provision of the old Act specified in the table in subclause (8), the rate at which a social security payment was payable to a person was reduced for a period; and

if the provisions of the old Act had continued in force on and after 20 September 2001, the payment would have continued to be payable at the reduced rate until a time on or after that date;

the new Act had been in operation when the social security payment became payable at the reduced rate; and

the social security payment had become so payable because of the operation of the corresponding provision of the new Act.

If a notice to which this subclause applies was in effect immediately before 20 September 2001, the new Act has effect, on and after 20 September 2001, as if:

the new Act had been in operation when the notice was given; and

the notice had been given under the provision of the new Act that corresponds to the provision of the old Act under which the notice was given.

Subclause (5) applies to the following notices:

a notice under subsection 1166(1) of the old Act in relation to a recoverable amount calculated under subsection 1166(3), (4) or (4C) of that Act;

a notice under subsection 1170(1) of the old Act in relation to a recoverable amount calculated under subsection 1170(3) or (4) of that Act;

a notice under subsection 1172(1) of the old Act;

a notice under subsection 1174(1) of the old Act in relation to a recoverable amount calculated under subsection 1174(6) of that Act;

a notice under subsection 1177(1) of the old Act;

a notice under subsection 1179(1) of the old Act in relation to a recoverable amount calculated under subsection 1179(6) of that Act.

If:

before 20 September 2001, a person applied, under section 129, 142 or 179 of the Administration Act, for review of a decision made as a result of the operation of a provision of the old Act specified in column 2 of an item in the table in subclause (8); and

the review was not determined before 20 September 2001;

The provision of the new Act that corresponds, for the purposes of this clause, to the provision of the old Act specified in column 2 of an item of the following table is the provision specified in column 3 of the item.

On and after 20 September 2001:

the new Act has effect as if:

it included provisions in the same terms as subsection 17(1) of the old Act to the extent that it defines average weekly earnings and subsections 1165(1) and (2), 1166(4A), 1174(4) and (5), and 1179(4) and (5) of the old Act; and

section 1169 of the new Act did not apply where the lump sum compensation payment was received before 20 March 1997; and

for the purposes of the operation of paragraph (a), old lump sum preclusion period is taken to have the same meaning in the new Act as in the old Act; and

for the purposes of the operation of paragraph (a), the lump sum preclusion period, for the purposes of the new Act, is the period that corresponds to the old lump sum preclusion period.

If:

a person received compensation before 1 January 1993; and

the person’s partner (the partner) claimed or received carer pension before that date because the partner was caring for the person;

If:

before 20 September 2001, a person was given a notice under Subdivision B of Division 6 of Part 3, or Division 1 of Part 5, of the Administration Act; and

the notice required the person:

to inform the Department whether a specified event or change of circumstances had occurred; or

to give the Department a statement about a matter; or

to give information or produce a document; and

the notice required the information or statement to be given within a specified period; and

the person has failed to comply with the requirement of the notice;