Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1009

1009. (1) Subject to subsections (2), (3) and (4), a determination under
section 1008 takes effect on the day on which the determination is made or on
such later day or earlier day as is specified in the determination. Notified
decision - review sought within 3 months

(2) If:
(a) a decision (in this subsection called the "previous decision") is made
rejecting a person's or approved care organisation's claim for double orphan
pension; and

   (b)  a notice is given to the person or organisation advising the person or
        organisation of the making of the previous decision; and

   (c)  the person or organisation applies to the Secretary under section
        1240, within 3 months after the notice is given, for review of the
        previous decision; and

   (d)  a determination granting the claim is made as a result of the
        application for review; the determination takes effect on the day on
        which the previous decision took effect. Notified decision - review
        sought after 3 months

(3) If:
(a) a decision (in this subsection called the "previous decision") is made
rejecting a person's or organisation's claim for double orphan pension; and

   (b)  a notice is given to the person or organisation advising the person or
        organisation of the making of the previous decision; and

   (c)  the person or organisation applies to the Secretary under section
        1240, more than three months after the notice is given, for review of
        the previous decision; and

   (d)  a determination granting the claim is made as a result of the
        application for review; the determination takes effect on the day on
        which the person or organisation sought the review. Decision not
        notified

(4) If:
(a) a decision (in this subsection called the "previous decision") is made
rejecting a person's or organisation's claim for double orphan pension; and

   (b)  no notice is given to the person or organisation advising the person
        or organisation of the making of the previous decision; and

   (c)  the person or organisation applies to the Secretary under section 1240
        for review of the previous decision; and

   (d)  a determination granting the claim is made as a result of the
        application for review; the determination takes effect on the day on
        which the previous decision took effect.