109GSecretary may continue payment etc. pending outcome of application for review

#### 109G Secretary may continue payment etc. pending outcome of application for review (1) If: (a) an adverse family assistance decision referred to in paragraph (a) or (b) of the definition of adverse family assistance decision in subsection (5) is made; and (b) the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and (c) a person applies to the Secretary under section 109A for review of the adverse decision; the Secretary may declare that entitlement to the family assistance to which the adverse family assistance decision relates is to continue, pending the determination of the review, as if the adverse decision had not been made. (2) If: (a) an adverse family assistance decision referred to in paragraph (c) or (d) of the definition of adverse family assistance decision in subsection (5) is made; and (b) the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and (c) a person applies to the Secretary under section 109A for review of the adverse decision; the Secretary may declare: (d) in the case of an adverse family assistance decision referred to in paragraph (c) of the definition—that the conditional eligibility to which the decision relates is to continue as if the adverse decision had not been made; and (e) in the case of an adverse family assistance decision referred to in paragraph (d)—that the limit or percentage to which the decision relates is to continue as if the adverse decision had not been made. (3) While the declaration is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made. (4) The declaration: (a) starts to have effect on the day on which it is made or on the earlier day (if any) specified in the declaration; and (b) stops having effect if: (i) the application for review of the adverse decision is withdrawn; or (ii) the review of the adverse decision is determined by the Secretary or an authorised review officer; or (iii) the declaration is revoked by the Secretary. (5) In this section: > adverse family assistance decision, in relation to a person, means any decision having the effect that: (a) the person ceases to be entitled to family assistance; or (b) the person’s entitlement to family assistance is reduced; or (c) the person ceases to be conditionally eligible for child care benefit by fee reduction; or (d) the weekly limit of hours, the CCB % or the schooling % applicable to the person is reduced.