SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 137 Certain decisions not to be revived
SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 137
Certain decisions not to be revived(1) This section has effect if:
(a) the Secretary makes a determination (the first determination ) that:
(i) a social security payment is granted or is payable to a person; or
(ii) a social security payment is payable to a person at a particular rate; and
(b) the Secretary makes a determination (the second determination ):
(i) cancelling the social security payment; or
(ii) reducing the rate at which the social security payment is payable; and
(c) notice of the second determination is given to the person; and
(d) the person applies under section 129 for review of the second determination; and
(e) the application is made more than 13 weeks after notice of the second determination was given; and
(f) a decision (the review decision ) is made by the Secretary, an authorised review officer or the AAT; and
(g) the review decision, or the effect of the review decision, is:
(i) to set aside the second determination; or
(ii) to affirm a decision setting aside the second determination.
(2) This section has effect if:
(a) the Secretary makes a determination (the first determination ) that:
(i) a social security payment is granted or is payable to a person; or
(ii) a social security payment is payable to a person at a particular rate; and
(b) the Secretary makes a determination (the second determination ):
(i) cancelling the social security payment; or
(ii) reducing the rate at which the social security payment is payable; and
(c) notice of the second determination is given to the person; and
(d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the decision having been made; and
(e) the decision of the Secretary on the review is to set aside the second determination; and
(f) the decision on the review is made more than 13 weeks after notice of the second determination was given.
(3) This section has effect if:
(a) the Secretary makes a determination (the first determination ) that:
(i) a person's claim for a concession card is granted; or
(ii) a person is qualified for a concession card; and
(b) the Secretary makes a determination (the second determination ) cancelling the concession card; and
(c) notice of the second determination is given to the person; and
(d) the person applies under section 129 for review of the second determination; and
(e) the application is made more than 13 weeks after notice of the second determination was given; and
(f) a decision (the review decision ) is made by the Secretary, an authorised review officer or the AAT; and
(g) the review decision, or the effect of the review decision, is:
(i) to set aside the second determination; or
(ii) to affirm a decision setting aside the second determination.
(4) This section has effect if:
(a) the Secretary makes a determination (the first determination ) that:
(i) a person's claim for a concession card is granted; or
(ii) a person is qualified for a concession card; and
(b) the Secretary makes a determination (the second determination ) cancelling the concession card; and
(c) notice of the second determination is given to the person; and
(d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the declaration having been made; and
(e) the decision of the Secretary on the review is to set aside the second determination; and
(f) the decision is made more than 13 weeks after notice of the second determination was given.
(5) If this section has effect:
(a) the second determination does not become void from the time when it was made; and
(b) the mere setting aside of the second determination does not of itself revive the first determination.
(6) For the purposes of this section, a person is taken to have applied for review of a determination (the primary determination ) if:
(a) the person applies for review of another determination or decision; and
(b) a review of the primary determination is necessary to
resolve the issues raised by the review of that other determination or
decision.