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Social Security (Administration) Act 1999
85Resumption of payment after cancellation or suspension—general
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85 Resumption of payment after cancellation or suspension—general
(a) a person’s social security payment is:
(i) cancelled by force of section 93 or 94 or subsection 95C(2); or
(ii) cancelled or suspended under section 80, 81 or 82; or
(iia) suspended under subsection 95C(1); or
(iii) cancelled under Part 3C (schooling requirements); and
Note: For reconsideration of the suspension of a schooling requirement payment, see sections 124J, 124N and 124NG.
(c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision:
(i) the person did not receive a social security payment that was payable to the person; or
(ii) the person is not receiving a social security payment that is payable to the person;
the Secretary is to determine that the social security payment was or is payable to the person, as the case requires.
(2) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
85AA Resumption of payment after cancellation or suspension—provision of proof of life certificate
Resumption of payment after suspension
(a) a person’s social security payment is suspended under section 80; and
(b) the suspension is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and
(c) either:
(i) a proof of life certificate relating to the person is given to the Secretary; or
(ii) the person enters Australia; and
(d) if subparagraph (c)(i) applies—the proof of life certificate was completed during the 26‑week period ending when the certificate was given to the Secretary;
the Secretary must:
(e) under section 126, review the suspension of the person’s social security payment; and
(f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been suspended.
Resumption of payment after cancellation
(a) a person’s social security payment is cancelled under section 80; and
(b) the cancellation is attributable to the person’s failure to give the Secretary a proof of life certificate in compliance with a notice under subsection 63(2AB); and
(c) a proof of life certificate relating to the person is given to the Secretary; and
(d) the proof of life certificate was completed during the 12‑month period ending when the certificate was given to the Secretary;
the Secretary may:
(e) under section 126, review the cancellation of the person’s social security payment; and
(f) as a result of the review, determine that the social security payment is payable to the person as if the payment had never been cancelled.
85A Rate increase determination following rate reduction for non‑compliance with notice relating to rent assistance
(a) the Secretary reduces a person’s rate of social security payment under section 81A by not adding an amount of rent assistance to the person’s maximum basic rate; and
(c) as a result of the reconsideration, the Secretary is satisfied that, because of the decision, the rate at which social security payment is being, or has been, paid is less than the rate provided for by the social security law;
the Secretary must determine that the rate is to be increased to the rate provided for by the social security law.
(2) The determination must also specify the new rate of social security payment.
(3) The reconsideration referred to in paragraph (1)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
Subdivision B—Provisions relating to concession cards