1

A decision to which this Division applies

Paragraph   29(1)(d) (time limit for lodging review application)

The paragraph does not apply

2

A decision to which this Division applies

Subsections   35(1) and (2) (public and private hearings)

The subsections do not apply

4

A decision to which this Division applies

Subsection   41(2) (operation and implementation of decision subject to review)

The subsection does not apply

5

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

Subsection   43(1) (AAT's decision on review)

The subsection 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

Subsection   43(1) (AAT's decision on review)

The subsection has effect as if the following were omitted:

(a) the words "may exercise all the powers and discretions that are conferred by any relevant enactment on the person who made the decision and";

(b)   paragraph   (b);

(c)   subparagraph   (c)(i)

7

A decision to which this Division applies

Subsections   43(2) and (2A) (AAT must give reasons for its decision)

The subsections do not apply

8

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

Subsection   43(6) (AAT's decision taken to be decision of decision - maker)

The subsection has effect as if the decision under review had taken effect on the day a person applied for AAT first review of the decision, if:

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

(b) the person applies for AAT first review more than 13 weeks after the notice was given; and

(c)   on AAT first review, the AAT varies the decision or sets the decision aside and substitutes a new decision; and

(d)   the effect of the AAT'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