The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

8.6.1 Date of effect of determinations - summary of legislation

Introduction

The SS(Admin)Act provides detailed rules for the dates on which determinations relating to claims, favourable determinations, adverse determinations and automatic cancellations and variations take effect. This section summarises SS(Admin)Act Part 3 Divisions 8 and 9, which govern the dates of effect of determinations for all payments and concession cards.

The following table summarises the most commonly used date of effect provisions which relate to social security payments.

SS(Admin)Act reference … Specifies the rules relating to dates of effect of …
sections 93 and 94 automatic cancellation where a person either has or has not notified Services Australia of an event or change of circumstances in accordance with a subsection 68(2) notice.
section 95 automatic cancellation where a person fails to provide statement in accordance with a subsection 68(2) notice.
sections 99 and 100 automatic rate reduction where a person either has or has not notified Services Australia of an event or change of circumstances in accordance with a subsection 68(2) notice.
section 107 decisions to grant claims, including decisions to grant claims made after a successful review of an original decision to reject claim.
section 109 favourable determinations made after review of a decision (on appeal or own motion).
section 110 favourable determinations made after a person notifies Services Australia about a change of circumstances of an event, for example in accordance with a section 67 or section 68 notice.
section 118 adverse determinations.

Act reference: SS(Admin)Act section 68(2) The Secretary may give a person to whom this subsection applies a notice that requires the person to do any or all of the following …, section 67 Person who has made a claim, section 68 Person receiving social security payment or holding concession card

Date of effect of determinations relating to claims

The date of effect of a determination relating to a claim may be:

  • the day on which the determination is made
  • an earlier or later day specified in the determination
  • the day on which the original decision to reject the claim took effect, or
  • the day on which the claimant sought review of the decision to reject their claim.

The date of effect of a determination to grant a claim can be the same as the person's start day however this is NOT necessarily the case in all circumstances.

Explanation: The person's start day is worked out in accordance with Schedule 2. Once a claim has been granted, go to Schedule 2 to determine the start day of the payment (8.3).

Sections of the Act dealing with determinations relating to claims

The table below sets out the sections in the SS(Admin)Act that deal with dates of effect of determinations relating to claims.

Determination decision SS(Admin)Act reference
Decision to grant claim. subsection 107(1)
Decision to grant claim made after a review of a decision to reject (on appeal or own motion). subsections 107(2), 107(3), 107(4), or 107(5)

Act reference: SS(Admin)Act section 107 General rule

Policy reference: SS Guide 3.1.8 Dates of effect of claim determinations, 8.6.2 Date of effect of determinations relating to claims, 8.6.6 Summary of rules for date of effect - determinations not involving working credit or student income bank, 8.6.7 Summary of rules for date of effect - determinations involving working credit or student income bank

Date of effect of favourable determinations

A favourable determination is a determination which:

  • resumes a payment or concession card, or
  • increases a rate.

The date of effect of a favourable determination may be:

  • the day on which the original decision took effect (in review situations)
  • the day on which review was sought/begun
  • the date of event (1.1.D.19) or date of notification (1.1.D.22)
  • the day on which a matter that affects a person's payment arose
  • otherwise prescribed in the legislation to apply in particular circumstances
  • the day on which the determination is made, or
  • an earlier or later day specified in the determination.

Sections of the Act dealing with favourable determinations

The table below sets out the sections in the SS(Admin)Act that deal with dates of effect of favourable determinations.

Favourable determination SS(Admin)Act reference
Favourable determination after a review of a decision (on appeal or own motion). section 109
Rate increase or other favourable determination after the person has notified Services Australia of an event or change of circumstances, e.g. in accordance with a section 67 or 68 notice. section 110
Rate increase following indexation or adjustment. section 111
Other favourable determinations. section 114
Favourable determination after a review of a decision made in relation to a person's qualification for a concession card (on appeal or own motion). section 116

Act reference: SS(Admin)Act section 108 to section 116 Determinations under section 78, 81A, 85, 85AA or 85A, section 78 Rate increase determination, section 85 Resumption of payment after cancellation or suspension - general, section 89 Resumption of qualification

Policy reference: SS Guide 8.6.3 Date of effect of favourable determinations (not involving working credit or student income bank)

Date of effect of adverse determinations

An adverse determination is a determination which:

  • reduces a rate
  • cancels or suspends a payment
    • if it is determined that the payment is not, or was not, payable
    • if it is determined that the person is not, or was not, qualified for the payment
    • if the person fails to comply with a particular notice given by Services Australia
    • if the person fails to take action to obtain foreign payment
  • cancels a person's concession card
    • if it is determined that the person is not qualified for the card, or
    • if the person fails to comply with a particular notice given by Services Australia.

Note: An automatic determination may also cancel a payment or reduce a rate. See 'Automatic cancellations & variations' below and 8.6.4.

The date of effect of an adverse determination may be:

  • the date of event (1.1.D.19)
  • the day on which a matter that affects a person's payment arose
  • otherwise prescribed in the legislation to apply in particular circumstances
  • the day specified in the determination, or
  • the day on which the determination is made.

Sections of the Act dealing with adverse determinations

The following table sets out the specific rules relating to dates of effect of adverse determinations.

Adverse determination SS(Admin)Act reference
Adverse determination follows a person advising Services Australia of an event or change or circumstances. subsections 118(2), 118(2A) or subsection 118(2B)
Adverse determinations associated with arrears of periodic compensation. subsections 118(3) or 118(4)
Adverse determination follows a person or partner providing a statement about a matter relating to a person's payment. subsections 118(5), 118(5A), 118(5B), 118(6), 118(6A) or 118(6B)
Adverse determination follows contravention of legislation, false statement or misrepresentation. subsections 118(7), 118(8) or 118(9)
Payment suspended and subsequently cancelled. subsection 118(11)
Adverse determination relating to TAL. subsection 118(12)
Other adverse determinations. subsection 118(13)
CP - care receiver's taxable income exceeds income ceiling. section 120 see subsections (1) to (6)
Adverse determination relating to concession cards. section 122

Act reference: SS(Admin)Act section 117 to section 122 Date of effect of adverse determinations relating to social security payments, section 79 Rate reduction determination, section 80 Cancellation or suspension determination, section 81 Cancellation or suspension for non-compliance with certain notices, section 82 Cancellation or suspension for failure to take action to obtain foreign payment, section 86 Cancellation-person not qualified, section 87 Cancellation-non-compliance with certain notices

Policy reference: SS Guide 8.6.4 Date of effect of adverse determinations & automatic cancellations & variations (not involving working credit or student income bank)

Automatic cancellations & variations

The automatic cancellation and variation provisions in SS(Admin)Act Part 3 Division 8 make a determination which:

  • automatically cancels a payment or concession card
  • automatically reduces the rate of a payment, or
  • in the case of DSP, suspends the payment instead of cancelling it in certain circumstances.

The date of effect of an automatic cancellation or variation made under Part 3 Division 8 may be:

  • the day on which the original decision took effect (in review situations)
  • the day on which review was sought/begun
  • the date of event (1.1.D.19) or date of notification (1.1.D.22)
  • the day on which a matter that affects a person's payment arose
  • otherwise prescribed in the legislation to apply in particular circumstances
  • the day on which the determination is made, or
  • an earlier or later day specified in the determination.

Sections of the SS(Admin)Act resulting in automatic cancellations & variations

The table below sets out the sections in the SS(Admin)Act that result in automatic cancellations and variations.

Determination decision SS(Admin)Act reference
Automatic cancellation on transfer to new payment type. sections 90 and 91
Automatic cancellation where a person has or has not notified Services Australia of an event or change of circumstances in accordance with a subsection 68(2) notice. sections 93 and 94
Automatic cancellation where a person fails to provide statement in accordance with a subsection 68(2) notice. section 95
Automatic cancellation of CP for non-compliance with section 70 notice. section 95A
Automatic suspension or cancellation of CA. section 95B
Suspension of DSP instead of automatic cancellation in some cases. sections 96 and 97
Cancellation with subsequent deemed suspension of DSP instead of cancellation in some cases. sections 97A and 97B
Automatic rate reduction where a person's partner starts to receive a social security pension or benefit or a service pension. section 98
Automatic rate reduction where a person has or has not notified Services Australia of an event or change of circumstances in accordance with a subsection 68(2) notice. sections 99 and 100
Automatic rate reduction where a person is receiving PP and a social security or service pension becomes payable to them. section 101
Automatic cancellation of concession card where a person has or has not notified Services Australia of an event or change of circumstances in accordance with a subsection 68(4) notice. sections 104 and 105
Automatic cancellation of concession card where a person ceases to be qualified. section 106A
Automatic cancellation of PCC or listed automatic issue HCC. section 106B

Act reference: SS(Admin)Act section 90 to section 106B Automatic cancellations and variations

Policy reference: SS Guide 8.6.4 Date of effect of adverse determinations & automatic cancellations & variations (not involving working credit or student income bank), 8.6.6 Summary of rules for date of effect - determinations not involving working credit or student income bank, 8.6.7 Summary of rules for date of effect - determinations involving working credit or student income bank.

Last reviewed: