SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 109 Date of effect of favourable determination resulting from review

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 109

  (1)   If:

  (a)   a decision (the original decision ) is made in relation to a person's social security payment; and

  (b)   a notice is given to the person informing the person 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)   the favourable determination is made as a result of the application for review;

the favourable determination takes effect on the day on which the determination embodying the original decision took effect.

  (2)   If:

  (a)   a decision (the original decision ) is made in relation to a person's social security payment; and

  (b)   a notice is given to the person informing the person 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)   the favourable determination is made as a result of the application for review;

the favourable determination takes effect on the day on which the application for review was made.

  (3)   If:

  (a)   a decision (the original decision ) is made in relation to a person's social security payment; and

  (b)   the person is not given notice of the original decision; and

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

  (d)   the favourable determination is made as a result of the application for review;

the favourable determination takes effect on the day on which the determination embodying the original decision took effect.

  (4)   If:

  (a)   a decision (the original decision ) is made in relation to a person's social security payment; 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)   as a result of the review, the favourable determination is made within 13 weeks after notice of the original decision was given to the person;

the favourable determination 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 in relation to a person's social security payment; 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)   as a result of the review, the favourable determination is made more than 13 weeks after notice of the original decision was given to the person;

the favourable determination takes effect on the day on which the review was begun by the Secretary.

  (6)   This section does not apply to determinations to which section   109A or 110A apply.

  (7)   For the purposes of this section, if:

  (a)   the Secretary makes a decision constituted by a determination made under section   78 to increase the rate at which a social security payment is being, or has been, paid; and

  (b)   the determination is made because an amount has been indexed or adjusted by the operation of Part   3.16 of the 1991 Act;

then:

  (c)   each person whose rate of social security payment is, or was, affected by the determination is taken to have been given notice of the determination and of the increased rate; and

  (d)   the notice is taken to have been given on the day on which the amount was so indexed or adjusted.