41Initial payment day

41 Initial payment day

(1) The initial payment day for each payment right is worked out in accordance with this section.

(2) If, during the 28‑day period beginning at the end of the 30‑day period mentioned in paragraph 40 (1) (b), the DAA does not receive a request that requires it to reconsider a decision in relation to the grant of the payment right, the initial payment day for the right is the first day after the end of that 28‑day period.

(a) during the 28‑day period beginning at the end of the 30‑day period mentioned in paragraph 40 (1) (b), the DAA receives a request that requires it to reconsider a decision in relation to the grant of the payment right; and

(b) on reconsideration, the DAA confirms its decision or varies it in a way that still involves the grant of the payment right; and

(c) no application is made to the Administrative Appeals Tribunal for review of the decision within 28 days after:

(i) the DAA gives notice of the reconsidered decision to an entity who is affected by the decision; or

(ii) if the DAA is taken, under section 49 (5), to have confirmed the decision — the end of 60 days after the DAA received the request to reconsider the decision.

(4) If this subsection applies, the initial payment day for the right is the first day after the end of the 28‑day period mentioned in paragraph (3) (c).

(5) Subsection (6) applies if:

(a) during the 28‑day period beginning at the end of the 30‑day period mentioned in paragraph 40 (1) (b), the DAA receives a request that requires it to reconsider a decision in relation to the grant of the payment right; and

(b) on reconsideration, the DAA confirms or revokes its decision or varies it in any way; and

(c) within 28 days after:

(i) the DAA gives notice of the reconsidered decision to an entity who is affected by the decision; or

(ii) if the DAA is taken, under section 49 (5), to have confirmed the decision — the end of 60 days after the DAA received the request to reconsider the decision;

an application has been made to the Administrative Appeals Tribunal for review of the decision; and

(d) either:

(i) on review, the Administrative Appeals Tribunal confirms the decision, varies it in a way that still involves the grant of the payment right or dismisses the application for review (for whatever reason); or

(ii) the applicant withdraws the application for review.

(6) If this subsection applies, the initial payment day for the right is the first day after the Administrative Appeals Tribunal confirms or varies the decision or dismisses the application, or the application is withdrawn (whichever is relevant).