Social Security (Administration) Act 1999

1

A decision to which this Division applies

Section 18 (when to apply for review)

The section does not apply

5

A decision to which this Division applies, other than an employment pathway plan decision

Section 54 (ART can exercise powers of decision‑maker)

The section does not apply in relation to a power or discretion conferred by the social security law on the Secretary under the following provisions:

(a) a provision dealing with the form and place of lodgement of a claim;

(b) a provision dealing with the manner of payment of a social security payment;

(c) section 1061ZZGC of the 1991 Act;

(d) section 1233 of the 1991 Act;

(e) a provision dealing with the giving of a notice requiring information;

(f) section 1100 of the 1991 Act;

(g) section 131 or 145 of this Act;

(h) a provision dealing with the imposition of requirements before the grant of a social security payment;

(i) a provision dealing with the deduction of amounts from payments of a social security payment for tax purposes

6

An employment pathway plan decision

Section 54 (ART can exercise powers of decision‑maker)

The section does not apply

6A

An employment pathway plan decision

Section 105 (ART decision on review of reviewable decision)

The section has effect as if the following were omitted:

(a) paragraph (b);

(b) subparagraph (c)(i)

8

Date of effect of decision on ART review, other than an ART decision in relation to an employment pathway plan decision

Subsections 108(4) and (5) (time of effect for ART decision)

The subsections have effect as if the reviewable decision had taken effect on the day a person made the first review application in relation to the decision, if:

(a) the person is given written notice of the decision under the social security law; and

(b) the person makes the first review application more than 13 weeks after the notice was given; and

(c) on ART review, the ART varies the decision or sets the decision aside; and

(d) the effect of the ART’s decision is:

(i) to grant the person’s claim for a social security payment or a concession card; or

(ii) to direct the making of a payment of a social security payment to the person or the issue of a concession card to the person, as the case may be; or

(iii) to increase the rate of the person’s social security payment

9

A decision to which this Division applies

Section 268 (requesting reasons for reviewable decision from decision‑maker)

The section does not apply