Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1206L

Reduction

  (1)   Subject to subsection   (2) and sections   1206M and 1206N, if:

  (a)   the person applies in writing to the Secretary for an advance payment deduction to be decreased, or to be stopped, because of severe financial hardship; and

  (b)   the Secretary is satisfied that:

  (i)   the person's circumstances are exceptional and could not reasonably have been foreseen at the time of the person's application for the advance payment; and

  (ii)   the person would suffer severe financial hardship if the advance payment deduction that would otherwise apply were to continue;

the Secretary may determine in writing that, for the period specified in the determination, the advance payment deduction is to be a lesser amount (which may be a nil amount) specified in the determination.

Review of reduction

  (2)   At any time while the determination is in force, the Secretary may:

  (a)   vary the determination so as to require to be deducted from the person's rate an advance payment deduction larger than the deduction (if any) previously applying under the determination, but smaller than the deduction applying immediately prior to the determination; or

  (b)   revoke the determination;

but only if the Secretary is satisfied that the person would not suffer severe financial hardship because of the variation or revocation.

Variation or revocation in writing

  (3)   A variation or revocation of a determination must be in writing.