SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 107 General rule

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 107

  (1)   Subject to subsections   (2), (3), (4) and (5), a determination under section   37 takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.

  (2)   If:

  (a)   a decision (the original decision ) is made rejecting a person's claim for a social security payment or a concession card; and

  (b)   the person is given a notice informing him or her of the original decision; and

  (c)   within 13 weeks after the notice is given, the person applies to the Secretary, under section   129, for review of the original decision; and

  (d)   a decision that the claim be granted is made as a result of the application for review;

the determination embodying the last - mentioned decision takes effect on the day on which the determination embodying the original decision took effect.

  (3)   If:

  (a)   a decision (the original decision ) is made rejecting a person's claim for a social security payment or concession card; and

  (b)   the person is given a notice informing him or her of the original decision; and

  (c)   more than 13 weeks after the notice is given, the person applies to the Secretary, under section   129, for review of the original decision; and

  (d)   a decision that the claim be granted is made as a result of the application for review;

the determination embodying the last - mentioned decision takes effect on the day on which the application for review was made.

  (4)   If:

  (a)   a decision (the original decision ) is made rejecting a person's claim for a social security payment or concession card; and

  (b)   no notice is given to the person informing the person of the original decision; and

  (c)   the person applies to the Secretary, under section   129, for review of the original decision; and

  (d)   a decision that the claim be granted is made as a result of the application for review;

the determination embodying the last - mentioned decision takes effect on the day on which the determination embodying the original decision took effect.

  (5)   If:

  (a)   a decision (the original decision ) is made rejecting a person's claim for a social security payment or concession card; and

  (b)   the person is given a notice informing him or her of the original decision; and

  (c)   the Secretary reviews the decision under section   126 without any application under section   129 for review of the decision having been made; and

  (d)   a decision that the claim be granted is made as a result of the review;

the determination embodying the last - mentioned decision takes effect on the day on which the determination embodying the original decision took effect.