Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 133

133. (1) The day on which a determination under section 129 or 132 (in this
section called the "favourable determination") takes effect is worked out in
accordance with this section. Notified decision - review sought within 3
months

(2) If:
(a) a decision (in this subsection called the "previous decision") is made in
relation to a person's invalid pension; and

   (b)  a notice is given to the person to whom the pension is payable
        advising the person of the making of the previous decision; and

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

   (d)  the favourable determination is made as a result of the application
        for review; and

   (e)  subsections (6), (7) and (8) do not apply to the determination; 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 in
relation to a person's invalid pension; and

   (b)  a notice is given to the person to whom the pension is payable
        advising the person of the making of the previous decision; and

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

   (d)  the favourable determination is made as a result of the application
        for review; and

   (e)  subsections (6), (7) and (8) do not apply to the determination; the
        determination takes effect on the day on which the person sought the
        review. Decision not notified

(4) If:
(a) a decision (in this subsection called the "previous decision") is made in
relation to a person's invalid pension; and

   (b)  no notice is given to the person to whom the pension is payable
        advising the person of the making of the previous decision; and

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

   (d)  the favourable determination is made as a result of the application
        for review; and

   (e)  subsections (6), (7) and (8) do not apply to the determination; the
        determination takes effect on the day on which the previous decision
        took effect. Notified change of circumstances

(5) If:

   (a)  the favourable determination is made following a person having advised
        the Department of a change in circumstances; and

   (b)  the change is not a decrease in the rate of the person's maintenance
        income; the determination takes effect on the day on which the advice
        was received or on the day on which the change occurred, whichever is
        the later. Prescribed student child determination

(6) If:

   (a)  the favourable determination is made as a result of the Secretary
        forming the opinion, for the purposes of subsections 5 (12) and (13),
        that a young person will not, or would not, receive payments under a
        prescribed educational scheme; and

   (b)  the Secretary is notified that the young person has been refused
        payment under a prescribed educational scheme within 28 days after the
        person is notified of that refusal; the determination takes effect on
        the day when the determination is made or on such earlier or later day
        as is specified in the determination.

(7) If:

   (a)  the favourable determination is made because, under subsection 5 (13),
        a young person is not qualified to receive a payment under a
        prescribed educational scheme; and

   (b)  the young person, or another person, was previously in receipt of a
        payment under a prescribed educational scheme in respect of that
        young person, and the young person or other person has since ceased to
        receive that payment; and

   (c)  the Secretary was notified, within 28 days after the payment ceased,
        that it was no longer being received; the determination takes effect
        on the day when the determination is made or such earlier or later day
        as is specified in the determination.

(8) If:

   (a)  the favourable determination is made because, under paragraph 5 (12)
        (c), a young person is not qualified to receive payments under any of
        the prescribed educational schemes; and

   (b)  no applications have been made for payments in respect of that young
        person under any of the prescribed educational schemes; and

   (c)  the Secretary is satisfied that it is reasonable for such applications
        not to be made; and

   (d)  the young person ceased to be a prescribed student child because of
        the operation of paragraph 5 (12) (c) within 3 months after becoming a
        prescribed student child; the determination takes effect on the day on
        which the young person became a prescribed student child. Other
        determinations

(9) In any other case, the favourable determination takes effect on the day on
which the determination was made or on such later day or earlier day (not
being a day more than 3 months before the determination was made) as is
specified in the determination.