18Grants of payment rights

18 Grants of payment rights

(1) The DAA must decide, for each claim for a standard payment right received from an entity in accordance with section 15:

(a) whether the entity is eligible for a standard payment right; and

(b) if it is eligible — the face value of the right.

(2) If, at the time the decision is made, the entity is required to comply with the rules in subsection 17 (2) but has not complied with those rules, a decision that the entity is eligible for a standard payment right is taken to be a decision that the entity is eligible for a standard payment right subject to its complying with the rules in subsection 17 (2).

(3) A decision under subsection (1) may be made subject to the condition that the entity concerned give the DAA a declaration, signed by a person mentioned in paragraph 15 (4) (c), to the effect that the entity does not have a current, undetermined application for a support or adjustment payment and, if it has received a support or adjustment payment after 6.30 pm on 28 September 1999, it has paid an equal amount to the Commonwealth by way of repayment.

(4) A decision under subsection (1) may be made before the end of 30 days after the end of the DSAP claim period but, if it is not, it must be made as soon as practicable after the end of the 30 days.

(5) If the decision under subsection (1) is that the entity is eligible for a standard payment right, the DAA must, at the same time but subject to the Act and the rest of this scheme, decide that the entity will be granted a standard payment right at the time and of the face value ascertained in accordance with subsections (6) and (7).

(6) The time at which a standard payment right is granted is:

(a) as soon as possible after the end of the reconsideration request period in respect of the claim concerned, consistently with the other paragraphs in this subsection; but

(b) if the decision under subsection (1) is that the entity is eligible for a standard payment right subject to its complying with the rules in subsection 17 (2) — not before those rules are complied with (but see subsection (8)); and

(c) if the decision under subsection (1) is subject to the condition mentioned in subsection (3) — not before the declaration mentioned in that subsection is received by the DAA; and

(d) if, by the end of the reconsideration request period, the DAA has received a request that requires it to reconsider the decision — not before the DAA makes a decision as a result of the reconsideration, the effect of which is that the entity is eligible for a standard payment right.

Note 1 If the DAA receives a request to reconsider a decision but does not confirm, revoke or vary the decision within 60 days, section 49 (5) says that the DAA is taken to have confirmed the decision.