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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.

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