Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 27

Claims for disability support pension

  (1)   If a person makes a claim, or is taken to have made a claim, for disability support pension, the Secretary, in determining the claim, must apply the instrument in force under section   26 on the day the claim was made or taken to have been made.

Note:   Sections   12, 13 and 15 of the Administration Act and clause   4 of Schedule   2 to that Act deal with claims for disability support pension that are taken to have been made.

  (2)   If:

  (a)   the Secretary makes a decision (the original decision ) relating to a claim referred to in subsection   (1); and

  (b)   the Secretary or the AAT is reviewing the original decision or a later decision arising out of the original decision;

the Secretary or the AAT, in making a decision on the review, must apply the instrument in force under section   26 on the day the claim was made or taken to have been made.

Note:   The effect of this subsection is that any change to the instrument under section   26 from the making of the claim to the making of a decision on the review must be disregarded.

Review of qualification for disability support pension

  (3)   If:

  (a)   a person is receiving disability support pension; and

  (b)   the Secretary gives the person a notice (the assessment notice ) under subsection   63(2) or (4) of the Administration Act in relation to assessing the person's qualification for that pension;

the Secretary, in assessing the person's qualification for that pension, must apply the instrument in force under section   26 of this Act on the day the assessment notice was given.

  (4)   If:

  (a)   after assessing the person's qualification for that pension, the Secretary makes a determination under section   80 of the Administration Act in relation to that pension; and

  (b)   the Secretary or the AAT is reviewing that determination or a later decision arising out of that determination;

the Secretary or the AAT, in making a decision on the review, must apply the instrument in force under section   26 of this Act on the day the assessment notice was given.

Note:   The effect of this subsection is that any change to the instrument under section   26 from the giving of the assessment notice to the making of a decision on the review must be disregarded.