23Decision on review

23 Decision on review

The Secretary must conduct the review as soon as is reasonably practicable after the application for review has been made. On a review, the Secretary may:

in the case of a review of a decision under section 12 or 20 – affirm or vary the decision or set aside the decision and substitute a new decision; and
in the case of a review of a decision under section 13 as to whether the amount of a resolution payment set out in an offer under section 14 is in accordance with section 9 – affirm or vary the decision or set aside the decision and substitute a new decision; and
in the case of a review of a decision under subsection 10(7) – decide whether or not to allow an application to be made under that subsection; and
in the case of a review of a decision under subsection 16(1) – decide whether or not to grant an extension under that subsection; and
in the case of a review of a decision under subsection 19(3) – decide whether or not to accept an effective acceptance of an offer under that subsection; and
in the case of a review of a decision under subsection 21(3) – decide whether or not to allow an application to be made under that subsection.

The person who conducts the review on behalf of the Secretary must not be the person who made the decision to which the review relates. The person who conducts the review must give the applicant written notice of the decision on the review and the reasons for the decision. 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; and
(c) sections 20 and 21 do not apply in relation to the decision.

If the decision on the review is that a person is not entitled to a resolution payment, sections 20 and 21 do not apply in relation to the decision.