Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsections (1A) to (11A) (inclusive), if a favourable determination is made following a person having informed the Department of the occurrence of an event or change of circumstances, the determination takes effect:
(a) on the day on which the person so informed the Department; or
(b) on the day on which the event or change occurred;
whichever is the later.
(1A) If a favourable determination is made in relation to a person who has not reached pension age:
(a) following the person's having informed the Department of the occurrence of an event or change of circumstances; and
(b) because, in an instalment period of the person:
(i) there is a decrease in the amount of the person's employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or
(ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;
the determination takes effect on the first day of the instalment period, or on the first day of the instalment period in which the person so informs the Department, whichever is the later.
(2) Subject to subsection (2A), if a favourable determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.
(2A) If a favourable determination is made in relation to a person who has not reached pension age:
(a) following the person's having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and
(b) because, in the instalment period:
(i) there is a decrease in the amount of the person's employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or
(ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;
the determination takes effect on the first day of the instalment period.
(3) Subject to subsection (3A), if:
(a) a person and his or her partner (the partner ) are each receiving a social security payment; and
(b) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and
(c) the notice relates to the payment of the partner's social security payment in respect of a period specified in the notice; and
(d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the specified period; and
(e) following the giving of the statement, a favourable determination is made in relation to the person's social security payment;
the determination takes effect on the day on which the matter arose.
(3A) If:
(a) a person and his or her partner (the partner ) are each receiving a social security payment; and
(b) the partner has not reached pension age; and
(c) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and
(d) the notice relates to the payment of the partner's social security payment in respect of an instalment period specified in the notice; and
(e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and
(f) following the giving of the statement, a favourable determination is made in relation to the person's social security payment; and
(g) the determination is made because, in the instalment period:
(i) there is a decrease in the amount of the partner's employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the partner; or
(ii) the partner has ceased to be taken, in accordance with that Division, to have received employment income;
the determination takes effect on the first day of the instalment period.
(4) If:
(a) a favourable determination is made following the death of a person's partner (the partner ); and
(b) the favourable determination is made because the person elects not to receive bereavement payments; and
(c) within the bereavement period:
(i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner's death; or
(ii) the Secretary otherwise becomes aware of the death;
the determination takes effect on the day on which the partner died.
(5) If:
(a) a favourable determination is made following the death of a person's partner (the partner ); and
(b) immediately before the partner died, the partner:
(i) was not receiving a social security pension, a service pension, income support supplement or a veteran payment; and
(ii) was not a long - term social security recipient; and
(c) within the period of 4 weeks starting on the day after the day on which the partner dies:
(i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner's death; or
(ii) the Secretary otherwise becomes aware of the death;
the determination takes effect on the day on which the partner died.
(9) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsection 5(12) of the 1991 Act, that a young person will not, or would not, if an application were duly made, 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 on which the determination is made or on such earlier or later day as is specified in the determination.
(10) If:
(a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person or organisation, was previously in receipt of a payment under a prescribed educational scheme in respect of the young person but the payment has since ceased; and
(c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received;
the determination takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.
(11) If:
(a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive payments under any prescribed educational scheme; and
(b) no application has been made for payments in respect of that young person under any prescribed educational scheme; and
(c) the Secretary is satisfied that it is reasonable that no such application has been made; and
(d) the young person ceased, within 13 weeks after becoming a prescribed student child, to be a prescribed student child because the Secretary formed an opinion for the purposes of paragraph 5(12)(c) of the 1991 Act;
the determination takes effect on the day on which the young person became a prescribed student child.
(11A) If the Secretary makes a determination under section 78 (rate increase determination) as a result of a revised estimate of maintenance income for a parent of a person as referred to in section 123AA, the determination takes effect on the day the revised estimate was made by, or given to, the Secretary.
(12) This section does not apply to determinations to which section 110A applies.