SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 97B Disability support pension--suspension instead of cancellation under section 94 (person's income)

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 97B

  (1)   If:

  (a)   disability support pension ceased to be payable to a person because the rate of the pension was nil as a result of employment income of the person; and

  (b)   the person subsequently informs the Secretary of that employment income; and

  (c)   the person's disability support pension was cancelled under section   94 because the pension ceased to be payable to the person for the reason mentioned in paragraph   (a); and

  (d)   within the period of 2 years and 14 days after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension;

the Secretary may determine that:

  (e)   the person is to be treated as if section   94 had not applied to the person's disability support pension; and

  (f)   the person's disability support pension is suspended from the day on which the pension ceased to be payable to the person.

  (2)   Subsection   (1) does not apply to a person if:

  (a)   the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and

  (b)   the Secretary's notice is given before the person informs the Secretary of the person's income or increased income.

  (3)   If:

  (a)   the Secretary makes a determination under subsection   (1) suspending a person's disability support pension; and

  (b)   the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;

then, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.

  (4)   If:

  (a)   the Secretary makes a determination under subsection   (1) suspending a person's disability support pension; and

  (b)   the person's partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph   (1)(a);

the Secretary may determine that the partner is to be treated as if the partner's carer payment had not been cancelled but had been suspended for the period of the suspension of the person's disability support pension.

  (5)   If:

  (a)   the Secretary makes a determination under subsection   (1) suspending a person's disability support pension; and

  (b)   within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and

  (c)   as a result of the reconsideration, the Secretary is satisfied that:

  (i)   the person did not receive disability support pension that was payable to the person; or

  (ii)   the person is not receiving disability support pension that is payable to the person;

the Secretary is to determine that the disability support pension was or is payable to the person, as the case requires.

  (6)   The reconsideration referred to in paragraph   (5)(b) may be a reconsideration on an application under section   129 or a reconsideration on the Secretary's own initiative.

  (7)   A determination that disability support pension was or is payable to the person under subsection   (5) takes effect:

  (a)   if the person applied for reconsideration under section   129--on the day the application was made; or

  (b)   in any other case--on the day the Secretary starts to reconsider the decision to suspend.