(2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the cancellation or reduction took effect.
Subdivision B—Concession cards
104 Automatic cancellation—holder complying with subsection 68(4) notice
If:
(a) a person who is the holder of a concession card is given a notice under subsection 68(4); 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 person would, but for this section, cease to be qualified for the card; and
(f) the person does not cease to hold the card before the end of the notification period;
the person continues to be qualified for the card until the end of the notification period, and then ceases to be so qualified.
105 Automatic cancellation—holder not complying with subsection 68(4) notice
If:
(a) a person who is the holder of a concession card is given a notice under subsection 68(4); 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 person ceases to be qualified for the card;
the person ceases to be qualified for the card on the day on which the event or change of circumstances occurs.
106 Changes by computer following automatic cancellation
(1) If:
(a) a person is qualified for a concession card on the basis of data in a computer; and
(b) the person ceases, by virtue of section 104 or 105, to be qualified for the card; and
(c) the cessation is given effect by the operation of a computer program under the control of the Secretary causing the person to be notified of the cessation;
the Secretary is taken to have made a determination that the provision referred to in paragraph (b) applies to the person’s concession card.
(2) A determination that is taken, by virtue of subsection (1), to have been made is taken to have been made on the day on which the cessation took effect.
106A Automatic cancellation on cessation of qualification
If a person who is the holder of a concession card ceases, otherwise than by virtue of section 104 or 105, to be qualified for the card, the card is cancelled by force of this section on the day on which the person ceases to be so qualified.
Subdivision C—Additional provision for certain pensioner concession cards and automatic issue health care cards
106B Automatic cancellation
(1) Subject to subsection (3), if:
(a) a section 1061ZA pensioner concession card or a listed automatic issue health care card has been granted to a person; and
(b) in order to be qualified for the card, the person must be receiving, or be qualified for, a particular social security pension or benefit; and
(c) the pension or benefit is cancelled;
the section 1061ZA pensioner concession card or listed automatic issue health care card, as the case may be, is, by force of this section, cancelled.
(2) If:
(a) a health care card has been granted to a person; and
(b) the person was qualified for the card under subsection 1061ZK(4) of the 1991 Act; and
(c) the person ceases to be qualified under that subsection;
the health care card is, by force of this section, cancelled.
(3) Subsection (1) does not have effect in a case in which the Secretary determines in writing that he or she is satisfied that the person concerned is likely to be granted a social security pension or benefit before it is reasonably practicable to take steps to give effect to the cancellation of the card.
(4) In this section:
listed automatic issue health care card means an automatic issue health care card that is granted:
(a) to a person who receives one of the following social security payments:
(ii) jobseeker payment;
(iv) special benefit;
(vi) benefit PP (partnered); or
(b) to a person who is receiving a youth allowance and who, at the time when a determination was made to grant the person the youth allowance:
(i) was not undertaking full‑time study; and
(ii) was not a new apprentice.
section 1061ZA pensioner concession card means a pensioner concession card granted to a person who is qualified for the card under section 1061ZA of the 1991 Act (except under subsection (1B) of that section).
Division 9—Date of effect of determinations
Subdivision A—Determinations relating to claims
107 General rule
(1) Subject to subsections (2), (3), (4) and (5), a determination under section 37 takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.
(2) If:
(a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or a concession card; and
(b) the person is given a notice informing him or her of the original decision; and
(c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and
(d) a decision that the claim be granted is made as a result of the application for review;
the determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.
(3) If:
(a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and
(b) the person is given a notice informing him or her of the original decision; and
(c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and
(d) a decision that the claim be granted is made as a result of the application for review;
the determination embodying the last‑mentioned decision takes effect on the day on which the application for review was made.
(4) If:
(a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and
(b) no notice is given to the person informing the person of the original decision; and
(c) the person applies to the Secretary, under section 129, for review of the original decision; and
(d) a decision that the claim be granted is made as a result of the application for review;
the determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.
(5) If:
(a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and
(b) the person is given a notice informing him or her of the original decision; and
(c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and
(d) a decision that the claim be granted is made as a result of the review;
the determination embodying the last‑mentioned decision takes effect on the day on which the determination embodying the original decision took effect.
Subdivision B—Determinations under section 78, 81A, 85, 85AA or 85A
108 Definition
In this Subdivision:
favourable determination means a determination under section 78, 85, 85AA or 85A.
109 Date of effect of favourable determination resulting from review
(1) If:
(a) a decision (the original decision) is made in relation to a person’s social security payment; and
(b) a notice is given to the person informing the person of the original decision; and
(c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and
(d) the favourable determination is made as a result of the application for review;
the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
(2) If:
(a) a decision (the original decision) is made in relation to a person’s social security payment; and
(b) a notice is given to the person informing the person of the original decision; and
(c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and
(d) the favourable determination is made as a result of the application for review;
the favourable determination takes effect on the day on which the application for review was made.
(3) If:
(a) a decision (the original decision) is made in relation to a person’s social security payment; and
(b) the person is not given notice of the original decision; and
(c) the person applies to the Secretary, under section 129, for review of the original decision; and
(d) the favourable determination is made as a result of the application for review;
the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
(4) If:
(a) a decision (the original decision) is made in relation to a person’s social security payment; and
(b) the person is given a notice informing him or her of the original decision; and
(c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and
(d) as a result of the review, the favourable determination is made within 13 weeks after notice of the original decision was given to the person;
the favourable determination takes effect on the day on which the determination embodying the original decision took effect.
(5) If:
(a) a decision (the original decision) is made in relation to a person’s social security payment; and
(b) the person is given a notice informing him or her of the original decision; and
(c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and
(d) as a result of the review, the favourable determination is made more than 13 weeks after notice of the original decision was given to the person;
the favourable determination takes effect on the day on which the review was begun by the Secretary.
(6) This section does not apply to determinations to which section 109A or 110A apply.
(7) For the purposes of this section, if:
(a) the Secretary makes a decision constituted by a determination made under section 78 to increase the rate at which a social security payment is being, or has been, paid; and
(b) the determination is made because an amount has been indexed or adjusted by the operation of Part 3.16 of the 1991 Act;
then:
(c) each person whose rate of social security payment is, or was, affected by the determination is taken to have been given notice of the determination and of the increased rate; and
(d) the notice is taken to have been given on the day on which the amount was so indexed or adjusted.
109A Date of effect of determination under section 78 resulting from review required by section 126A
If the Secretary makes a determination under section 78 (rate increase determination) as a result of a review required by section 126A (review of determination of youth allowance rate in relation to maintenance income), the determination takes effect:
(a) unless paragraph (b) applies—on the date that would give full effect to the decision on review; or
(b) if the date referred to in paragraph (a) is earlier than the first day of the income year before the income year in which the review decision was made—that first day.
110 Date of effect of favourable determination
(1) Subject to subsections (1A) to (11A) (inclusive), if a favourable determination is made following a person having informed the Department of the occurrence of an event or change of circumstances, the determination takes effect:
(a) on the day on which the person so informed the Department; or
(b) on the day on which the event or change occurred;
whichever is the later.
(1A) If a favourable determination is made in relation to a person who has not reached pension age:
(a) following the person’s having informed the Department of the occurrence of an event or change of circumstances; and
(b) because, in an instalment period of the person:
(i) there is a decrease in the amount of the person’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or
(ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;
the determination takes effect on the first day of the instalment period, or on the first day of the instalment period in which the person so informs the Department, whichever is the later.
(2) Subject to subsection (2A), if a favourable determination is made following a person having given the Department a statement about a matter in accordance with a notice under section 67 or 68, the determination takes effect on the day on which the matter arose.
(2A) If a favourable determination is made in relation to a person who has not reached pension age:
(a) following the person’s having given the Department a statement about a matter in accordance with a notice under section 68 that relates to the payment of the social security payment in respect of an instalment period specified in the notice; and
(b) because, in the instalment period:
(i) there is a decrease in the amount of the person’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the person; or
(ii) the person has ceased to be taken, in accordance with that Division, to have received employment income;
the determination takes effect on the first day of the instalment period.
(3) Subject to subsection (3A), if:
(a) a person and his or her partner (the partner) are each receiving a social security payment; and
(b) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and
(c) the notice relates to the payment of the partner’s social security payment in respect of a period specified in the notice; and
(d) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the specified period; and
(e) following the giving of the statement, a favourable determination is made in relation to the person’s social security payment;
the determination takes effect on the day on which the matter arose.
(3A) If:
(a) a person and his or her partner (the partner) are each receiving a social security payment; and
(b) the partner has not reached pension age; and
(c) the partner has been given a notice under section 68 that requires the partner to give the Department a statement; and
(d) the notice relates to the payment of the partner’s social security payment in respect of an instalment period specified in the notice; and
(e) the partner gives the Department a statement, in accordance with the notice, about a matter that arose during the instalment period; and
(f) following the giving of the statement, a favourable determination is made in relation to the person’s social security payment; and
(g) the determination is made because, in the instalment period:
(i) there is a decrease in the amount of the partner’s employment income taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have been received by the partner; or
(ii) the partner has ceased to be taken, in accordance with that Division, to have received employment income;
the determination takes effect on the first day of the instalment period.
(4) If:
(a) a favourable determination is made following the death of a person’s partner (the partner); and
(b) the favourable determination is made because the person elects not to receive bereavement payments; and
(c) within the bereavement period:
(i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner’s death; or
(ii) the Secretary otherwise becomes aware of the death;
the determination takes effect on the day on which the partner died.
(5) If:
(a) a favourable determination is made following the death of a person’s partner (the partner); and
(b) immediately before the partner died, the partner:
(i) was not receiving a social security pension, a service pension, income support supplement or a veteran payment; and
(ii) was not a long‑term social security recipient; and
(c) within the period of 4 weeks starting on the day after the day on which the partner dies:
(i) the person notifies the Department, orally or in writing or in a manner approved by the Secretary, of the partner’s death; or
(ii) the Secretary otherwise becomes aware of the death;
the determination takes effect on the day on which the partner died.
(9) If:
(a) the favourable determination is made as a result of the Secretary forming the opinion, for the purposes of subsection 5(12) of the 1991 Act, that a young person will not, or would not, if an application were duly made, receive payments under a prescribed educational scheme; and
(b) the Secretary is notified that the young person has been refused payment under a prescribed educational scheme within 28 days after the person is notified of that refusal;
the determination takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination.