20Internal review on Secretary’s initiative

20 Internal review on Secretary’s initiative

(1) For paragraph 3(1)(n) of Schedule 3, the Secretary may, on the Secretary’s own initiative, review a decision made on an application for a resolution payment under this instrument. (2) Without limiting subsection (1), the Secretary may review a decision after a person has accepted an offer to be paid a resolution payment if: (a) it appears to the Secretary that an error has been made in the decision regarding an entitlement or other matter under Schedule 3 or this instrument; or (b) it appears that the person is not entitled for any reason to receive all or part of the resolution payment; or (c) the Secretary has received further information that is relevant to the decision on the application, an entitlement or other matter under Schedule 3 or this instrument; or (d) the Secretary is satisfied that there is some other reasonable ground on which to initiate the review despite the acceptance of the offer. (3) On a review, the Secretary may: (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and substitute a new decision. (4) The Secretary must give the person in relation to whom the decision is made written notice of the decision and the reasons for the decision. (5) The notice must inform the person that they may, within 28 days after the date of the notice, apply for a review of the decision and explain how to make that application. (6) If the decision on the review is that a person is entitled to a resolution payment of a particular amount in relation to a relevant debt: (a) unless subsection 25(3) applies, the notice under subsection (4) must comply with subsection 14(2) (other than paragraph 14(2)(l)); and (b) sections 16 to 19 apply in relation to the person and the debt.