(b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that:
(i) the person did not receive disability support pension that was payable to the person; or
(ii) the person is not receiving disability support pension that is payable to the person;
the Secretary is to determine that the disability support pension was or is payable to the person, as the case requires.
(7) The reconsideration referred to in paragraph (6)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
(8) A determination that disability support pension was or is payable to the person under subsection (6) takes effect:
(a) if the person applied for reconsideration under section 129—on the day the application was made; or
(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.
97B Disability support pension—suspension instead of cancellation under section 94 (person’s income)
(1) If:
(a) disability support pension ceased to be payable to a person because the rate of the pension was nil as a result of employment income of the person; and
(b) the person subsequently informs the Secretary of that employment income; and
(c) the person’s disability support pension was cancelled under section 94 because the pension ceased to be payable to the person for the reason mentioned in paragraph (a); and
(d) within the period of 2 years and 14 days after the pension ceased to be payable, the employment income of the person is reduced to a rate that would not preclude the person from receiving disability support pension;
the Secretary may determine that:
(e) the person is to be treated as if section 94 had not applied to the person’s disability support pension; and
(f) the person’s disability support pension is suspended from the day on which the pension ceased to be payable to the person.
(2) Subsection (1) does not apply to a person if:
(a) the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and
(b) the Secretary’s notice is given before the person informs the Secretary of the person’s income or increased income.
(3) If:
(a) the Secretary makes a determination under subsection (1) suspending a person’s disability support pension; and
(b) the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;
then, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.
(4) If:
(a) the Secretary makes a determination under subsection (1) suspending a person’s disability support pension; and
(b) the person’s partner had ceased to be qualified for carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (1)(a);
the Secretary may determine that the partner is to be treated as if the partner’s carer payment had not been cancelled but had been suspended for the period of the suspension of the person’s disability support pension.
(5) If:
(a) the Secretary makes a determination under subsection (1) suspending a person’s disability support pension; and
(b) within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that:
(i) the person did not receive disability support pension that was payable to the person; or
(ii) the person is not receiving disability support pension that is payable to the person;
the Secretary is to determine that the disability support pension was or is payable to the person, as the case requires.
(6) The reconsideration referred to in paragraph (5)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
(7) A determination that disability support pension was or is payable to the person under subsection (5) takes effect:
(a) if the person applied for reconsideration under section 129—on the day the application was made; or
(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.
97C Age pension, disability support pension and carer payment—suspension instead of cancellation under section 93 or 94 (partners)
Application
(1) This section applies if:
(a) one of the following determinations is made, in relation to a person who is a member of a couple, because of the occurrence of an event or change of circumstances:
(i) a determination under subsection 95D(3), (4) or (5) suspending the person’s age pension because the pension ceased to be payable to the person;
(ii) a determination under subsection 96(1), 97(1), 97A(1) or 97A(2) suspending the person’s disability support pension because the person ceased to be qualified for the pension;
(iii) a determination under subsection 96(3), 97(3) or 97B(1) suspending the person’s disability support pension because the pension ceased to be payable to the person;
(iv) a determination under subsection 56ED(3), (4) or (5) of the Veterans’ Entitlements Act suspending the person’s age service pension, invalidity service pension, income support supplement or veteran payment because the pension, supplement or payment ceased to be payable to the person; and
(b) immediately before the event or change of circumstances, the person’s partner was receiving an age pension, disability support pension or carer payment; and
(c) the partner’s pension or payment ceases to be payable to the partner because the rate of the partner’s pension or payment is nil; and
(d) the partner’s cessation of payability occurs because of the occurrence of the same event or change of circumstances that resulted in the person’s cessation of payability or qualification; and
(e) because of the partner’s cessation of payability, the partner’s pension or payment is to be, or has been, cancelled under section 93 or 94.
Note: For suspensions when a person’s partner has been receiving service pension, income support supplement or veteran payment, see section 56EE of the Veterans’ Entitlements Act.
Partner suspension determination
(2) The Secretary may determine that:
(a) the partner is to be treated as if section 93 or 94 does not apply or had not applied (as the case may be) to cancel the partner’s pension or payment; and
(b) the partner’s pension or payment is suspended with effect from the day the pension or payment would otherwise have ceased to be payable under section 93 or 94, for a period of:
(i) if section 94 would otherwise have applied—2 years and 14 days; or
(ii) in all other cases—2 years.
Resumption of partner’s pension or payment after suspension
(3) If:
(a) the Secretary suspends the partner’s pension or payment under subsection (2); and
(b) within the period the suspension is in effect, the Secretary reconsiders the decision to suspend; and
(c) as a result of the reconsideration, the Secretary is satisfied that:
(i) the partner did not receive pension or payment that was payable to the partner; or
(ii) the partner is not receiving pension or payment that is payable to the partner;
the Secretary is to determine that pension or payment was or is payable to the partner, as the case requires.
(4) The reconsideration referred to in paragraph (3)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary’s own initiative.
(5) A determination that pension or payment was or is payable to the partner under subsection (3) takes effect:
(a) if the partner applied for reconsideration under section 129—on the day the application was made; or
(b) in any other case—on the day the Secretary starts to reconsider the decision to suspend.
Cancellation of partner’s pension or payment after period of suspension
(6) If:
(a) the Secretary suspends the partner’s pension or payment for a period under subsection (2); and
(b) the suspension continues in effect throughout the period;
then, at the end of the period, the determination granting the partner pension or payment is, by force of this subsection, revoked.
Partner ceasing to be member of couple
(7) To avoid doubt, subsections (3) to (6) apply to the partner even if the partner ceases to be a member of the couple after the event or change of circumstances referred to in subsection (1).
98 Automatic rate reduction—partner starting to receive pension or benefit
(1) Subject to subsection (2), if:
(a) a person is receiving a social security payment; and
(b) the person’s partner starts to receive:
(i) a social security pension or benefit; or
(ii) a service pension, income support supplement or a veteran payment; and
(c) the person’s social security payment rate is reduced because of the partner’s receipt of the pension, benefit, supplement or payment;
the social security payment becomes payable to the person at the reduced rate on the day on which the partner starts to receive the pension, benefit, supplement or payment.
(2) If:
(a) a person is receiving a social security payment; and
(b) the person’s partner starts to receive:
(i) a social security pension or benefit; or
(ii) a service pension or a veteran payment; and
(c) because the partner starts to receive that pension, benefit or payment, the person’s working credit balance or student income bank balance is reduced to nil; and
(d) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the person’s social security payment rate is to be reduced;
the social security payment becomes payable to the person at the reduced rate on:
(e) if the rate reduction is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and
(f) if the rate reduction is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.
99 Automatic rate reduction—recipient complying with subsection 68(2) notice
(1) Subject to subsection (2), if:
(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and
(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
(c) the event or change of circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change of circumstances, the rate of the social security payment is to be reduced; and
(f) the person’s rate of payment is not reduced before the end of the instalment period for the person that is current when the event or change of circumstances occurs;
the following paragraphs have effect:
(g) if the person’s rate of payment is reduced during the instalment period (the first period) following the instalment period in which the event or change of circumstances occurs, the payment becomes payable to the person at the reduced rate immediately after the end of the instalment period in which the event or change occurs;
(h) if the person’s rate of payment is not reduced during the first period, the payment becomes payable to the person at the reduced rate immediately after the end of the notification period.
(2) If:
(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and
(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
(c) the event or change of circumstances occurs; and
(d) the person informs the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
(e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period (the nil instalment period) of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs (the event instalment period); and
(f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the rate of the person’s social security payment is to be reduced; and
(g) the person’s rate of payment is not reduced before the end of the nil instalment period;
the social security payment becomes payable to the person at the reduced rate from the day immediately after the day determined in accordance with subsection (3).
(3) For the purposes of subsection (2), the day immediately after which the social security payment becomes payable to the person at the reduced rate is:
(a) if the rate reduction is attributable to the reduction of the balance referred to in paragraph (2)(e) to nil and the rate is so reduced during the instalment period (the next instalment period) following the nil instalment period—the later of:
(i) the day before the day on which the balance was reduced to nil; or
(ii) the end of the event instalment period; and
(b) if the rate reduction is attributable to the balance having already been reduced to nil and the rate is so reduced during the next instalment period—the later of:
(i) the day before the first day on which the opening balance was nil; or
(ii) the end of the event instalment period; and
(c) if the rate reduction is attributable to the reduction of the balance to nil but the rate is not so reduced during the next instalment period—the later of:
(i) the day before the day on which the balance was reduced to nil; or
(ii) the end of the notification period; and
(d) if the rate reduction is attributable to the balance having already been reduced to nil but the rate is not so reduced during the next instalment period—the later of:
(i) the day before the first day on which the opening balance is nil; or
(ii) the end of the notification period.
100 Automatic rate reduction—recipient not complying with subsection 68(2) notice
(1) Subject to subsection (2), if:
(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and
(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
(c) the event or change of circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
(e) because of the occurrence of the event or change of circumstances, the rate of the social security payment is to be reduced;
the social security payment becomes payable to the person at the reduced rate on the day on which the event or change of circumstances occurs.
(2) If:
(a) a person who is receiving a social security payment is given a notice under subsection 68(2); and
(b) the notice requires the person to inform the Department of the occurrence of an event or change of circumstances within a specified period (the notification period); and
(c) the event or change of circumstances occurs; and
(d) the person does not inform the Department of the occurrence of the event or change of circumstances within the notification period in accordance with the notice; and
(e) because of the event or change of circumstances, the person’s working credit balance or student income bank balance is reduced to nil in an instalment period of the person that is the same as, or later than, the instalment period in which the event or change of circumstances occurs; and
(f) either because of the reduction of the balance to nil or because of the balance having already been reduced to nil—the rate of the person’s social security payment is to be reduced;
the social security payment becomes payable to the person at the reduced rate on:
(g) if the rate reduction is attributable to the reduction of the balance to nil—the day on which the balance was so reduced; and
(h) if the rate reduction is attributable to the balance having already been reduced to nil—the first day on which the opening balance was nil.
101 Automatic rate reduction—receipt of pension or veteran payment by person receiving parenting payment
If:
(a) a person who is a member of a couple is receiving parenting payment; and
(b) as a result of a social security pension, a service pension, income support supplement or a veteran payment becoming payable to the person, the rate at which parenting payment is payable to the person is reduced;
parenting payment becomes payable to the person at the reduced rate on the day on which the social security pension, the service pension, the income support supplement or the veteran payment, as the case may be, becomes payable to the person.
103 Changes to payments by computer following automatic cancellation or reduction
(1) If:
(a) a person is receiving a social security payment on the basis of data in a computer; and
(b) the payment is cancelled, or the payment rate is reduced, by the operation of a provision of the social security law; and
(c) the cancellation or reduction is given effect by the operation of a computer program used under the control of the Secretary stopping payment or reducing the rate of payment;
the Secretary is taken to have made a determination that the provision referred to in paragraph (b) applies to the person’s social security payment.