Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 1059

1059. (1) If the Secretary is satisfied that a mobility allowance is being, or
has been, paid to a person to whom it is not, or was not, payable under this
Act, the Secretary is to determine that the allowance is to be cancelled or
suspended. Note: for the date of effect of a determination under this
subsection see section 1061.

(2) If the Secretary:

   (a)  cancels or suspends a person's mobility allowance under subsection
        (1); and

   (b)  reconsiders the decision to cancel or suspend; and

   (c)  becomes satisfied that:

   (i)  the decision to cancel or suspend was incorrect; and

   (ii) because of the decision to cancel or suspend:

                (A)  the person did not receive mobility allowance that was
                     payable to the person; or

                (B)  the person is not receiving mobility allowance that is
                     payable to the person; the Secretary is to determine that
                     mobility allowance was or is payable to the person. Note:
                     for the date of effect of a determination under this
                     subsection see section 1060.

(3) The reconsideration referred to in paragraph (2) (b) might be a
reconsideration on an application under section 1240 for review or a
reconsideration on the Secretary's own initiative.