Secretary may continue payment pending outcome of application for review
145 Secretary may continue payment pending outcome of application for review
If:
an adverse decision is made in relation to a social security payment; and
the adverse decision is not made under Division 3AA of Part 3 (compliance with participation payment obligations: persons other than declared program participants); and
the adverse decision:
depends on the exercise of a discretion by a person or the holding of an opinion by a person; or
would result in the application of a compliance penalty period; and
a person applies for ART review of the adverse decision;
the Secretary may declare that payment of the social security payment is to continue, pending the determination of the review, as if the adverse decision had not been made.
A declaration must be by notice in writing.
While a declaration under subsection (1) is in force in relation to an adverse decision, the social security law (other than this Division) applies as if the adverse decision had not been made.
A declaration under subsection (1) in relation to an adverse decision:
takes effect on the day on which the declaration is made or on such earlier day (if any) as is specified in the declaration; and
ceases to have effect:
if the application for ART review is dismissed—on the day the application is dismissed; or
if the ART makes a decision on ART review of the adverse decision—at the end of the period of 13 weeks beginning on the day the ART’s decision is made, or on an earlier day specified by the Secretary; or
if the declaration is revoked by the Secretary—on the day the declaration is revoked.
If:
an adverse decision results in a serious failure period or an unemployment non‑payment period; and
a declaration in relation to the decision ceases to have effect under subsection (4); and
after the declaration ceases, the serious failure period or the unemployment non‑payment period, or the balance of that period, remains to be served;
the period or the balance of the period continues from the day the declaration ceases.
A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding that opinion, whether or not the social security law expressly requires the opinion to be held before the decision concerned is made.
If a declaration under subsection (1) is in force in relation to a decision for which an application for ART review has been made, the President of the ART must take reasonable steps to ensure the decision is reviewed as quickly as possible.
In this section:
adverse decision, in relation to a social security payment, means:
a decision to cancel or suspend the social security payment; or
a decision to reduce the rate of the social security payment.
This Act’s bill:Explanatory memorandumSecond reading speech
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