33Substituting determinations on a review

33 Substituting determinations on a review

(1) This section applies in relation to: (a) an internal review conducted by the Secretary (the reviewer) under Division 4; or (b) an external review conducted by a person (the reviewer) appointed under Division 5. Review of determination involving payment amount (2) If, on review of a determination of a payment amount under subsection 17(3), the reviewer is satisfied that the applicant is not eligible for the BSWAT payment scheme, the reviewer must: (a) set aside the determinations made under paragraph 17(2)(a) and subsection 17(3) for the applicant; and (b) substitute a new determination under paragraph 17(2)(b) that the applicant is not eligible for the BSWAT payment scheme.

Note: The Secretary will then be required to refuse the application for a payment under the BSWAT scheme (see section 20).

(3) Subsection (2) does not apply if a determination has been made under paragraph 17(2)(a) for the applicant in an external review under Division 5. (4) To avoid doubt, the reviewer may, on review of a determination of a payment amount, determine a lower payment amount for the applicant. Review of determination that applicant ineligible (5) If, on review of a determination made under paragraph 17(2)(b), the reviewer is satisfied that the applicant is eligible for the BSWAT payment scheme, the reviewer must set aside that determination and make a determination under paragraph 17(2)(a) for the applicant.

Note: The Secretary will then be required to determine a payment amount for the person under subsection 17(3).