305Secretary may continue payment pending outcome of application for review

#### 305 Secretary may continue payment pending outcome of application for review Declaration that payment to continue (1) If: (a) a decision to which this Division applies is an adverse decision; and (b) the adverse decision depends on: (i) the exercise of a discretion by a person; or (ii) the holding of an opinion by a person; and (c) a person applies to the Secretary under subsection 304(1) for review of the adverse decision; the Secretary may, by writing, declare that payment of Financial Supplement to which the decision relates is to continue, pending the determination of the review, as if the adverse decision had not been made. Application of Act (2) While a declaration under subsection (1) is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made. Start and cessation of declaration (3) A declaration under subsection (1) in relation to an adverse decision: (a) starts to have effect on the day on which the declaration is made or on the earlier day (if any) stated in the declaration; and (b) stops having effect if: (i) the application to the Secretary for review of the adverse decision is withdrawn; or (ii) the review of the adverse decision is determined by the Secretary; or (iii) the declaration is revoked by the Secretary. Holding of an opinion (4) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding the opinion whether or not this Act expressly requires the opinion to be held before making the decision concerned. Meaning of adverse decision (5) In this section: > adverse decision means a decision under section 12R or 12T to stop the payment of Financial Supplement to a person.