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SOCIAL SECURITY ACT 1991 - SECT 198P

Date of effect of favourable decision under section 198N

Date of effect

             (1)  If the Secretary decides under subsection 198N(2), (3) or (4) that subparagraph 197B(4)(d)(i), 197C(4)(d)(i), 197D(4)(d)(i), 197E(5)(d)(i) or 198(5)(d)(i) does not disqualify a person from carer payment, the day on which the decision takes effect is worked out under this section.

Basic rule

             (2)  Subject to subsections (3), (4) and (5), the decision takes effect on the day on which the decision was made or on such later or earlier day (not being a day more than 3 months before the decision was made) as is specified in the decision.

Notified decision--review sought within 3 months

             (3)  If:

                     (a)  a decision (the previous decision ) is made under subsection 198N(2), (3) or (4) about a care receiver or care receivers; and

                     (b)  notice of the making of the previous decision is given:

                              (i)  in the case of a care receiver who is a higher ADAT score adult--to the adult or the person caring for the adult; or

                             (ii)  in the case of a care receiver who is a sole care child--to his or her parent or carer; or

                            (iii)  in the case of care receivers who are 2 or more combined care children--to the carer of the children or to the parent of any of the children; or

                          (iiia)  in the case of care receivers who are a lower ADAT score adult and one or more multiple care children--to the lower ADAT score adult or the person caring for that adult; or

                            (iv)  in the case of care receivers who are a lower ADAT score adult and a dependent child--to the lower ADAT score adult or the person caring for that adult; and

                     (c)  within 3 months after the notice is given, a person applies to the Secretary under section 129 of the Administration Act for review of the previous decision; and

                     (d)  a decision favourable to the person caring for the care receiver or care receivers (the favourable decision ) is made as a result of the application for review;

the favourable decision takes effect on the day on which the previous decision took effect.

Notified decision--review sought after 3 months

             (4)  If:

                     (a)  a decision (the previous decision ) is made under subsection 198N(2), (3) or (4) about a care receiver or care receivers; and

                     (b)  notice of the making of the previous decision is given:

                              (i)  in the case of a care receiver who is a higher ADAT score adult--to the adult or the person caring for the adult; or

                             (ii)  in the case of a care receiver who is a sole care child--to his or her parent or carer; or

                            (iii)  in the case of care receivers who are 2 or more combined care children--to the carer of the children or to the parent of any of the children; or

                          (iiia)  in the case of care receivers who are a lower ADAT score adult and one or more multiple care children--to the lower ADAT score adult or the person caring for that adult; or

                            (iv)  in the case of care receivers who are a lower ADAT score adult and one or more multiple care children, or a lower ADAT score adult and a dependent child--to the lower ADAT score adult or the person caring for that adult; and

                     (c)  more than 3 months after the notice is given, a person applies to the Secretary under section 129 of the Administration Act for review of the previous decision; and

                     (d)  a decision favourable to the person caring for the care receiver or care receivers (the favourable decision ) is made as a result of the application for review;

the favourable decision takes effect on the day on which the person sought the review.

Decision not notified

             (5)  If:

                     (a)  a decision (the previous decision ) is made under subsection 198N(2), (3) or (4) about a care receiver or care receivers; and

                     (b)  notice of the making of the previous decision is not given to a person specified in paragraph (4)(b) as a person to whom notice is to be given; and

                     (c)  a person applies to the Secretary under section 129 of the Administration Act for review of the previous decision; and

                     (d)  a decision favourable to the person caring for the care receiver or care receivers (the favourable decision ) is made as a result of the application for review;

the favourable decision takes effect on the day on which the previous decision took effect.



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