Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral
(1) The day on which a determination under section 56D, 56E, 56EA, 56EB or 56EC (in this section called the adverse determination ) takes effect is worked out in accordance with this section.
(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), (6), (7), (8) or (9), the day specified under paragraph (2)(b) must be later than the day on which the determination is made.
Contravention of Act
(4) If the adverse determination is made because a person has contravened a provision of this Act (other than subsection 54(6), 54A(6), 54AA(7) or 128(4)) 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, any amount of a service pension, income support supplement or a veteran payment has been paid to a person which should not have been paid;
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 a service pension, income support supplement or a veteran payment 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.
Payment of arrears of periodic compensation payments--suspension or cancellation
(7) If:
(a) an adverse determination is made in relation to a person because of point SCH6 - E4 (payment of arrears of periodic compensation payments); and
(b) a service pension, income support supplement or a veteran payment has been paid to the person or to the person's partner when, because of the payment of arrears of periodic compensation, the service pension, income support supplement or veteran payment 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.
Payment of arrears of compensation payments--rate reduction
(8) If:
(a) an adverse determination is made in relation to a person because of point SCH6 - E4 (payment of arrears of periodic compensation payments); and
(b) an amount of service pension, income support supplement or veteran payment was paid to the person or to the person's partner that, because of the payment of arrears of periodic compensation, was more than the amount that should have been paid;
the day specified under paragraph (2)(b) may be earlier than the day on which the determination is made.
Duplicate payments of rent assistance
(9) If:
(a) a decision (the veterans' entitlements decision ) was made that rent assistance (the veterans' entitlements rent assistance ) was to be included when calculating a person's rate of service pension, income support supplement or veteran payment for each day in a period; and
(b) the condition in subsection (10) is met for each day in that period (which is about rent assistance also being included in family tax benefit); and
(c) because the inclusion of the veterans' entitlements rent assistance was contrary to Module C of the Rate Calculator, an adverse determination is made to reduce the rate of, or cancel, the person's service pension, income support supplement or veteran payment for each day in that period;
the day specified under paragraph (2)(b) must be the first day of that period and may be earlier than the day on which the determination is made.
(10) The condition in this subsection is met for each day in a period if:
(a) both of the following apply:
(i) the person was a member of a couple (other than an illness separated couple or a respite care couple) on each day in the period;
(ii) when the veterans' entitlements decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person's, or the person's partner's, Part A rate of family tax benefit for each day in that period; or
(b) both of the following apply:
(i) the person was not a member of a couple, or was a member of an illness separated couple, or a respite care couple, on each day in the period;
(ii) when the veterans' entitlements decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person's Part A rate of family tax benefit for each day in that period; or
(c) all of the following apply:
(i) when the veterans' entitlements decision was made, no determination of a kind mentioned in subparagraph (a)(ii) or (b)(ii) (as the case requires) was in force;
(ii) after the veterans' entitlements decision was made, such a determination was made;
(iii) each day in the period either is, or comes after, the day on which the determination was made.