Commonwealth Numbered Acts

SOCIAL SECURITY ACT 1991 No. 46, 1991 - SECT 989

989. (1) The day on which a determination under section 985 or 988 (in this
subsection 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 child disability allowance; and

   (b)  a notice is given to the person to whom the allowance 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; 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 child disability allowance; and

   (b)  a notice is given to the person to whom the allowance 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; 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 child disability allowance; and

   (b)  no notice is given to the person to whom the allowance 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; the determination takes effect on the day on which the
        previous decision took effect. Notified change of circumstances

(5) If the favourable determination is made following a person having advised
the Department of a change in circumstances 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. Other determinations

(6) 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.