Social Security (Administration) Act 1999

This section has effect if:

the Secretary makes a determination (the first determination) that:

a social security payment is granted or is payable to a person; or

a social security payment is payable to a person at a particular rate; and

the Secretary makes a determination (the second determination):

cancelling the social security payment; or

reducing the rate at which the social security payment is payable; and

notice of the second determination is given to the person; and

the person applies under section 129 for review of the second determination; and

the application is made more than 13 weeks after notice of the second determination was given; and

a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and

the review decision, or the effect of the review decision, is:

to set aside the second determination; or

to affirm a decision setting aside the second determination.

This section has effect if:

the Secretary makes a determination (the first determination) that:

a social security payment is granted or is payable to a person; or

a social security payment is payable to a person at a particular rate; and

the Secretary makes a determination (the second determination):

cancelling the social security payment; or

reducing the rate at which the social security payment is payable; and

notice of the second determination is given to the person; and

the Secretary reviews the second determination under section 126 without any application under section 129 for review of the decision having been made; and

the decision of the Secretary on the review is to set aside the second determination; and

the decision on the review is made more than 13 weeks after notice of the second determination was given.

This section has effect if:

the Secretary makes a determination (the first determination) that:

a person’s claim for a concession card is granted; or

a person is qualified for a concession card; and

the Secretary makes a determination (the second determination) cancelling the concession card; and

notice of the second determination is given to the person; and

the person applies under section 129 for review of the second determination; and

the application is made more than 13 weeks after notice of the second determination was given; and

a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and

the review decision, or the effect of the review decision, is:

to set aside the second determination; or

to affirm a decision setting aside the second determination.

This section has effect if:

the Secretary makes a determination (the first determination) that:

a person’s claim for a concession card is granted; or

a person is qualified for a concession card; and

the Secretary makes a determination (the second determination) cancelling the concession card; and

notice of the second determination is given to the person; and

the Secretary reviews the second determination under section 126 without any application under section 129 for review of the declaration having been made; and

the decision of the Secretary on the review is to set aside the second determination; and

the decision is made more than 13 weeks after notice of the second determination was given.

If this section has effect:

the second determination does not become void from the time when it was made; and

the mere setting aside of the second determination does not of itself revive the first determination.

For the purposes of this section, a person is taken to have applied for review of a determination (the primary determination) if:

the person applies for review of another determination or decision; and

a review of the primary determination is necessary to resolve the issues raised by the review of that other determination or decision.