149Automatic payment of newstart allowance or youth training allowance if review of section 44 terms decision sought

#### 149 Automatic payment of newstart allowance or youth training allowance if review of section 44 terms decision sought When section applies (1) This section applies to a decision of the Employment Secretary to give a notice under section 44 because of a person’s failure to agree to terms of a Case Management Activity Agreement proposed by the case manager concerned (subparagraph 44(2)(a)(iii)). Effect on payments (2) If: (a) a person applies to the Employment Secretary under subsection 148(1) for review of the decision; and (b) the person makes the application within 14 days after being notified of the decision; the following provisions have effect: (c) payment of newstart allowance or youth training allowance, as the case requires, is to be made pending the determination of the review, as if the Case Management Activity Agreement had not been required; (d) if payments of the allowance had ceased for a period before the person applied for the review—arrears of allowance are payable to the person for the period despite section 660L of the Social Security Act 1991 or section 167 of the Student and Youth Assistance Act 1973; (e) this Act, the Social Security Act 1991 and Part 8 of the Student and Youth Assistance Act 1973 apply as if the Case Management Activity Agreement had not been required. Review withdrawn or determined (3) Subsection (2) ceases to have effect if: (a) the application for review is withdrawn; or (b) the review of the decision is determined. Definitions (4) In this section: > newstart allowance has the same meaning as in the Social Security Act 1991. > youth training allowance has the same meaning as in Part 8 of the Student and Youth Assistance Act 1973.