(ii) the partner 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;
the determination takes effect on:
(h) if the determination is attributable to the reduction of the partner’s 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 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 partner’s opening balance was nil.
(7) If:
(a) the person whose social security payment is affected by the adverse determination has contravened a provision of this Act or a provision of the 1991 Act (other than an excluded provision); and
(b) the contravention causes a delay in the making of the determination;
the adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.
(7A) Subsection (7) does not apply to a determination under subsection 81(3).
(8) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, a social security payment has been paid to a person when it should have been cancelled or suspended;
the adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.
(9) If:
(a) a person has made a false statement or misrepresentation; and
(b) because of the false statement or misrepresentation, the rate at which a social security payment was paid to a person was higher than it should have been;
the adverse determination takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.
(11) If:
(a) a person’s social security payment is suspended under section 80, 81 or 82; and
(b) the payment is subsequently cancelled under section 80, 81 or 82;
the determination by which the payment is cancelled takes effect on the day on which the payment was suspended.
(11A) Despite subsection (11), a determination under section 80 or subsection 81(3) cancelling a person’s social security payment that has already been suspended under subsection 81(3) takes effect on such day (which may be earlier than the day on which the determination is made) as is specified in the determination.
(12) An adverse determination in relation to telephone allowance takes effect:
(a) on the day on which it is made; or
(b) if a later day is specified in the determination, on that day.
(12A) If:
(a) a decision (the social security decision) was made that rent assistance (the social security rent assistance) was to be included when calculating a person’s rate of social security payment for each day in a period; and
(b) the condition in subsection (12B) is met for each day in that period (which is about rent assistance also being included in family tax benefit); and
(c) because the inclusion of the social security rent assistance was contrary to Part 3.7 of the 1991 Act, an adverse determination is made to reduce the rate of, or cancel, the person’s social security payment for each day in that period;
the adverse determination takes effect on the first day of that period.
(12B) The condition in this subsection is met for each day in a period if:
(a) both of the following apply:
(i) the person was a member of a couple (other than an illness separated couple, a respite care couple or a temporarily separated couple) on each day in the period;
(ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person’s, or the person’s partner’s, Part A rate of family tax benefit for each day in the period; or
(b) both of the following apply:
(i) the person was not a member of a couple, or was a member of an illness separated couple, a respite care couple, or a temporarily separated couple, on each day in the period;
(ii) when the social security decision was made, a determination under the family assistance law was in force that included rent assistance when calculating the person’s Part A rate of family tax benefit for each day in the period; or
(c) all of the following apply:
(i) when the social security decision was made, no determination of a kind mentioned in subparagraph (a)(ii) or (b)(ii) (as the case requires) was in force;
(ii) after the social security decision was made, such a determination was made;
(iii) each day in the period either is, or comes after, the day on which the determination was made.
(12C) If:
(a) an adverse determination is made under section 80 suspending the payment of a parenting payment, youth allowance, austudy payment, jobseeker payment or special benefit to a person; and
(b) the determination was made because of the application of:
(i) subsection 42P(1) or 42S(1) (if the payment is a participation payment and the person is a declared program participant); or
(ii) section 550B or 551 of the 1991 Act (if the payment is a youth allowance); or
(iii) section 576A or 577 of the 1991 Act (if the payment is an austudy payment);
the determination is taken to have taken effect on the day of the start of the period for which the payment, allowance or benefit is not payable because of that section.
(12D) However, subsection (12C) does not apply to an adverse determination if the determination would take effect on an earlier day under another provision of this Act.
(13) In any other case, an adverse determination takes effect:
(a) on the day on which it is made; or
(b) if a later day is specified in the determination, on that day.
(14) For the purposes of subsection (7), the excluded provisions are:
(a) subsections 67(2), 68(2) and 69(2) of this Act to the extent that they relate to the giving of a notice requiring a person to give a statement to the Department; and
(b) sections 192, 193, 194 and 195 of this Act.
120 Additional rules in the case of carer payment
(1) If:
(a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care receivers; and
(b) the determination is based on an assessment of the taxable income of the care receiver, or any of the care receivers, for a tax year; and
(c) the assessment is subsequently amended by the Commissioner of Taxation, a tribunal or a court; and
(d) as a result of the amendment of the assessment, the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, is more than the income ceiling under section 198A of the 1991 Act; and
(e) the Secretary makes a determination under section 80 cancelling or suspending the carer payment;
the adverse determination takes effect on the day on which the earlier determination took effect.
(2) If:
(a) the Secretary makes a determination (the earlier determination) that a person (the carer) is entitled to carer payment because the carer is providing care for a care receiver or care receivers; and
(b) in making the determination, the Secretary had regard to the taxable income of the care receiver, or the sum of the taxable incomes of the care receivers, for a tax year; and
(c) the taxable income of the care receiver or any of the care receivers is or includes an amount estimated by:
(i) in the case of a care receiver who is a higher ADAT score adult—the care receiver or the care receiver’s partner; or
(ii) in the case of a care receiver who is a sole care child, combined care child or multiple care child—the parent of the care receiver, the parent’s partner (if the parent is a member of a couple) or the carer; or
(iii) in the case of a care receiver who is a lower ADAT score adult—the carer or the care receiver’s partner; or
(iv) in the case of a care receiver who is a dependent child of a lower ADAT score adult—the carer or the care receiver’s parent; and
(d) the Commissioner of Taxation subsequently makes an assessment of that taxable income; and
(e) as a result of the assessment, the taxable income of the care receiver or the sum of the taxable incomes of the care receivers is more than the income ceiling under section 198A of the 1991 Act; and
(f) the Secretary makes a determination under section 80 cancelling or suspending the carer payment;
the adverse determination takes effect on the day on which the earlier determination took effect.
(3) If:
(a) on the basis of the taxable income for a tax year of a care receiver who is a higher ADAT score adult, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and
(b) the care receiver’s taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and
(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;
the adverse determination takes effect:
(d) if the Secretary made the determination under section 80 after the carer or care receiver informed the Department that the care receiver’s taxable income exceeded the income ceiling—on the day on which the carer or care receiver informed the Department; or
(e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer or the care receiver that the care receiver’s taxable income exceeded the income ceiling—on the day on which the care receiver’s taxable income exceeded the income ceiling.
(4) If:
(a) on the basis of the taxable income for a tax year of a care receiver who is a sole care child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care for the care receiver; and
(b) the care receiver’s taxable income for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and
(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;
the adverse determination takes effect:
(d) if the Secretary made the determination under section 80 after the parent or carer of the child informed the Department that the care receiver’s taxable income exceeded the income ceiling—on the day on which the parent or carer informed the Department; or
(e) if, when the Secretary made the determination under section 80, the Department had not been informed by the parent or carer that the care receiver’s taxable income exceeded the income ceiling—on the day on which the care receiver’s taxable income exceeded the income ceiling.
(5) If:
(a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are combined care children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and
(b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and
(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;
the adverse determination takes effect:
(d) if the Secretary made the determination under section 80 after a parent or carer of any of the children informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the parent or carer informed the Department; or
(e) if, when the Secretary made the determination under section 80, the Department had not been informed by a parent or carer of any of the children that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes of the care receivers exceeded the income ceiling.
(5A) If:
(a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are a lower ADAT score adult and one or more multiple care children, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and
(b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and
(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;
the adverse determination takes effect:
(d) if the Secretary made the determination under section 80 after the carer or the lower ADAT score adult informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the Department was so informed; or
(e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer or the lower ADAT score adult that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes exceeds the income ceiling.
(6) If:
(a) on the basis of the sum of the taxable incomes for a tax year of care receivers who are a lower ADAT score adult and a dependent child, the Secretary makes a determination that a person (the carer) is entitled to carer payment because the carer is providing care to the care receivers; and
(b) the sum of the taxable incomes of the care receivers for a later tax year exceeds the income ceiling under section 198A of the 1991 Act; and
(c) the Secretary makes a determination under section 80 cancelling or suspending the carer’s carer payment;
the adverse determination takes effect:
(d) if the Secretary made the determination under section 80 after the carer, the lower ADAT score adult or a parent of the dependent child informed the Department that the sum of the taxable incomes exceeded the income ceiling—on the day on which the Department was so informed; or
(e) if, when the Secretary made the determination under section 80, the Department had not been informed by the carer, the lower ADAT score adult or a parent of the dependent child that the sum of the taxable incomes exceeded the income ceiling—on the day on which the sum of the taxable incomes exceed the income ceiling.
Subdivision E—Date of effect of adverse determinations relating to concession cards
121 Definition
In this Subdivision:
adverse determination means a determination under subsection 77(1) or (3) determining that a seniors health card, or a health care card that is income‑tested for a person, is to be cancelled or under section 86 or 87.
122 Date of effect of adverse determinations
An adverse determination takes effect:
(a) on the day on which it is made; or
(b) if a later day is specified in the determination, on that day.
Division 10—Continuing effect of determinations
123 Continuing effect of determinations
(1) A determination that:
(a) a person’s claim for a social security payment is granted; or
(b) a social security payment is payable to a person;
continues in effect until:
(ba) the payment is cancelled by section 38M of the 1991 Act, or subsection 42AM(4) or section 42AP of this Act; or
(bb) immediately before the start of a payment suspension period for the person under section 42AL; or
(c) a further determination in relation to the payment under section 80, 81 or 82, subsection 95C(1) or section 124H, 124M or 124NF takes effect; or
(d) the payment ceases to be payable under section 90, 91, 93, 94 or 95; or
(e) the end of the day immediately before the day on which the person dies.
(2) A determination that a person is qualified for a concession card continues in effect until:
(a) a further determination under subsection 77(1) or (3) or section 86 or 87 takes effect; or
(b) the person ceases to be qualified under section 104 or 105.
(3) A determination of the rate of a social security payment continues in effect until:
(a) a further determination in relation to the payment under section 78, 79, 81A or 85A takes effect; or
(b) the payment becomes payable at a lower rate under section 98, 99 or 100.
Division 11—Estimates and verification of maintenance income for Youth Allowance Rate Calculator
123AA Estimate of maintenance income for Youth Allowance Rate Calculator
(1) In working out the annualised amount of maintenance income for the parent of a person for the purposes of the maintenance income test in Module GA of the Youth Allowance Rate Calculator in section 1067G of the 1991 Act, the Secretary may have regard to an estimate of the amount of maintenance income for a period made by, or given to, the Secretary, if the Secretary is satisfied that the estimate is reasonable.
(2) If the Secretary has no reason to believe that there is any amount of maintenance income for the parent of the person for the period, the Secretary is taken to have had regard to an estimate of nil.
123AB Verification of maintenance income for Youth Allowance Rate Calculator
(1) The method statement in this section applies if the Secretary is required by section 126A to review one or more decisions determining a rate of youth allowance for a person for a period or periods in an income year.
Method statement
Step 1. Work out the amount of maintenance income for a parent of the person for the income year using the information referred to in paragraph 126A(c). In doing so:
(a) assume that the person is an FTB child of the parent for the year; and
(b) only take into account maintenance income received in relation to the person; and
(c) in working out whether maintenance income is received in relation to the person, have regard to the considerations that would apply under the Family Assistance Act.
This amount is the parent’s actual maintenance income for the income year.