(a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive a payment under a prescribed educational scheme; and
(b) the young person, or another person or organisation, was previously in receipt of a payment under a prescribed educational scheme in respect of the young person but the payment has since ceased; and
(c) the Secretary was notified, within 28 days after the payment was granted, that it was no longer being received;
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.
(11) If:
(a) the favourable determination is made because, for the purposes of subsection 5(11) of the 1991 Act, a young person is not qualified to receive payments under any prescribed educational scheme; and
(b) no application has been made for payments in respect of that young person under any prescribed educational scheme; and
(c) the Secretary is satisfied that it is reasonable that no such application has been made; and
(d) the young person ceased, within 13 weeks after becoming a prescribed student child, to be a prescribed student child because the Secretary formed an opinion for the purposes of paragraph 5(12)(c) of the 1991 Act;
the determination takes effect on the day on which the young person became a prescribed student child.
(11A) If the Secretary makes a determination under section 78 (rate increase determination) as a result of a revised estimate of maintenance income for a parent of a person as referred to in section 123AA, the determination takes effect on the day the revised estimate was made by, or given to, the Secretary.
(12) This section does not apply to determinations to which section 110A applies.
110A Date of effect of favourable determinations resuming payment after suspensions relating to non‑compliance
If:
(a) a favourable determination is made under section 85 resuming payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit the payment of which had been suspended under section 80; and
(b) the payment had been suspended because it was not payable because of:
(i) subsection 42P(1) or 42S(1) (if the payment was a participation payment and the person receiving the payment was a declared program participant); or
(ii) section 550B or 551 of the 1991 Act (if the payment was a youth allowance); or
(iii) section 576A or 577 of the 1991 Act (if the payment was an austudy payment);
the determination takes effect, or is taken to have taken effect, on the day after the end of the period for which the payment, allowance or benefit is not payable because of section 550B, 551, 576A or 577 of the 1991 Act, or on the day after the serious failure period or unemployment non‑payment period ends under subsection 42P(1) or 42S(3) or (4) or section 42Q of this Act, as the case requires.
111 Date of effect of section 78 determination resulting from indexation or adjustment
If:
(a) the Secretary makes a determination under section 78; 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;
the determination takes effect on the day on which the amount was so indexed or adjusted.
114 Date of effect of other favourable determinations
(1) In the case of a favourable determination to which none of sections 109, 109A, 110 and 110A apply, the determination takes effect on the day on which the determination is made or on such other day as is specified in the determination.
(2) A day specified in a determination for the purpose of subsection (1) may be:
(a) later than the day on which the determination is made; or
(b) not earlier than 13 weeks before the day on which the determination is made.
114A Date of effect of favourable determination—portability extensions
A favourable determination that is made as a result of a determination referred to in:
(a) subsection 1216(2), 1220A(1A) or 1220B(1A) of the 1991 Act; or
(b) subclause 128(1A) of Schedule 1A to the 1991 Act; or
(c) subitem 6(6) or 14(8) of Schedule 4 to the Social Services and Other Legislation Amendment Act 2014;
may be expressed to take effect on a day earlier than otherwise permitted by this Subdivision.
Subdivision C—Determinations under section 89
115 Definition
In this Subdivision:
favourable determination means a determination under section 89.
116 Date of effect of favourable determination resulting from review—concession cards
(1) If:
(a) a decision (the original decision) is made in relation to a person’s qualification for 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) 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 qualification for a 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) 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 qualification for a concession card; and
(b) the person is not given any notice informing him or her 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 qualification for a 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;
(d) as a result of the review, the favourable decision is made more than 13 weeks after the 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.
Subdivision D—Date of effect of adverse determinations relating to social security payments
117 Definition
In this Subdivision:
adverse determination means a determination under section 79, 80, 81, 81A or 82.
118 Date of effect of adverse determinations—general rules
(1) The day on which an adverse determination takes effect in relation to a social security payment is worked out:
(b) in the case of carer payment—in accordance with this section and section 120; and
(c) in the case of any other social security payment—in accordance with this section.
(2) Subject to subsections (2A), (2B), (2D) and (2E), if:
(a) an adverse determination is made following a person having informed the Department of the occurrence of an event or change of circumstances; and
(b) the person is not paid an instalment of the social security payment after the occurrence of the event or change and before the determination is made;
the determination takes effect on the day on which the event or change of circumstances occurred.
(2A) If an adverse 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 the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in an instalment period of the person;
the determination takes effect on:
(c) if the determination is attributable to the reduction, during the instalment period, of the person’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and
(d) if the determination is attributable to the person’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil; and
(e) in any other case—the first day of the instalment period;
so long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (c), (d) or (e) and before the determination is made.
(2B) If:
(a) an adverse determination is made in relation to a person following the person’s having informed the Department of the occurrence of an event or change of circumstances; and
(b) the determination is made because, in an instalment period of the person, either:
(i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or
(ii) the person has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; and
(c) the person’s student income bank balance is reduced to nil during the instalment period;
the determination takes effect on:
(d) if the determination is attributable to the reduction of the student income bank balance to nil—the day on which the balance was so reduced; and
(e) if the determination is attributable to the person’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil;
so long as the person is not paid an instalment of the social security payment after the day worked out under paragraph (d) or (e) and before the determination is made.
(2D) If the Secretary makes a determination under section 79 (rate reduction determination) as a result of a revised estimate of the amount of maintenance income for a parent of a person as referred to in section 123AA, the determination takes effect on the day the revised estimate was made by, or given to, the Secretary.
(2E) If the Secretary makes a determination under section 79 (rate reduction 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 on the date that would give full effect to the decision on review.
(3) If:
(a) an adverse determination is made in relation to a person because of point 1064‑E3, 1066A‑F2A, 1067G‑H25, 1067L‑D24, 1068‑G8A, 1068A‑E13 or 1068B‑D21, or Division 3 of Part 3.14, of the 1991 Act; and
(b) a social security payment has been paid to the person or the person’s partner when, because of the payment of arrears of periodic compensation payments, the payment should have been cancelled or suspended;
the determination takes effect on the first day of the periodic payments period to which the arrears of periodic compensation payments relate.
(4) If:
(a) an adverse determination is made in relation to a person because of point 1064‑E3, 1066A‑F2A, 1067G‑H25, 1067L‑D24, 1068‑G8A, 1068A‑E13 or 1068B‑D21, or Division 3 of Part 3.14, of the 1991 Act; and
(b) the rate at which a social security payment was paid to the person or the person’s partner was, because of the payment of arrears of periodic compensation payments, higher than the rate at which the payment should have been paid;
the determination takes effect on the first day of the periodic payments period to which the arrears of periodic compensation payments relate.
(5) Subject to subsections (5A) and (5B), if the adverse 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.
(5A) If an adverse 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 the person is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in the instalment period;
the determination takes effect on:
(c) if the determination is attributable to the reduction, during the instalment period, of the person’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and
(d) if the determination is attributable to the person’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil; and
(e) in any other case—the first day of the instalment period.
(5B) If:
(a) an adverse determination is made in relation to a person 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) the determination is made because, in the instalment period, either:
(i) the person earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or
(ii) the person has reached pension age and is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income; and
(c) the person’s student income bank balance is reduced to nil during the instalment period;
the determination takes effect on:
(d) if the determination is attributable to the reduction of the student income bank balance to nil—the day on which the balance was so reduced; and
(e) if the determination is attributable to the person’s having a student income bank balance that has already been reduced to nil during the instalment period—the first day in the instalment period on which the person’s opening balance was nil.
(6) Subject to subsections (6A) and (6B), if:
(a) a person and his or her partner (the partner) are each receiving a social security payment; and
(b) the partner is given a notice under section 68 requiring 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, an adverse determination is made in relation to the person’s social security payment;
the determination takes effect on the day on which the matter arose.
(6A) 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 is given a notice under section 68 requiring 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, an adverse determination is made in relation to the person’s social security payment; and
(g) the determination is made because the partner is taken, in accordance with Division 1AA of Part 3.10 of the 1991 Act, to have received employment income in the instalment period;
the determination takes effect on:
(h) if the adverse determination is attributable to the reduction, during the instalment period, of the partner’s working credit balance or student income bank balance to nil—the day on which the balance was so reduced; and
(i) if the determination is attributable to the partner’s having a working credit balance or a student income bank balance that has already been reduced to nil during the instalment period—the first day of the instalment period on which the opening balance was nil; and
(j) in any other case—the first day of the instalment period.
(6B) If:
(a) a person and his or her partner (the partner) are each receiving a social security payment; and
(b) the partner is given a notice under section 68 requiring 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 an instalment 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 instalment period; and
(e) the partner’s student income bank balance is reduced to nil during the instalment period; and
(f) following the giving of the statement, an adverse determination is made in relation to the person’s social security payment; and
(g) the determination is made because, in the instalment period, either:
(i) the partner earns, derives or receives, or is taken to earn, derive or receive, ordinary income other than employment income; or