Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 185

185. (1) The day on which a determination under section 181 or 182 (in this
section called the "adverse determination") takes effect is worked out in
accordance with this section. Note: if the adverse determination depends on a
discretion or opinion and a person affected by the determination applies for
review, the Secretary may continue payment pending the outcome of the review:
see section 1241 (internal review) and section 1251 (review by Social Security
Appeals Tribunal).

(2) The adverse determination takes effect on:

   (a)  the day on which the determination is made; or

   (b)  if another day is specified in the determination - on that day.

(3) Subject to subsections (4), (5) and (6), the day specified under paragraph
(2) (b) must be later than the day on which the determination is made.
Contravention of Act

(4) If:

   (a)  the person whose pension is affected by the adverse determination has
        contravened a provision of this Act (other than section 173, 1304,
        1305, 1306 or 1307); and

   (b)  the contravention causes a delay in making the determination; the day
        specified under paragraph (2) (b) may be earlier than the day on which
        the determination is made. False statement or misrepresentation -
        suspension or cancellation

(5) If:

   (a)  a person has made a false statement or misrepresentation; and

   (b)  because of the false statement or misrepresentation, the pension has
        been paid to a person when it should have been cancelled or suspended;
        the day specified under paragraph (2) (b) may be earlier than the day
        on which the determination is made. False statement or
        misrepresentation - rate reduction

(6) If:

   (a)  a person has made a false statement or misrepresentation; and

   (b)  because of the false statement or misrepresentation, the rate at which
        the pension was paid to a person was more than it should have been;
        the day specified under paragraph (2) (b) may be earlier than the day
        on which the determination is made.