18.104.22.168 General Provisions for PLP Payability Determinations
In deciding whether to make a payability determination, Centrelink may act on the assumption that the state of affairs known to Centrelink when making the determination will remain unchanged.
This would not prevent Centrelink from reviewing the determination if Centrelink becomes aware that the state of affairs has changed or was different.
When determination is in force
A payability determination comes into force on the day it is made and continues to be in force unless it is revoked under PPLAct section 25, or set aside under PPLAct Chapter 5.
Notice of a payability determination
If Centrelink makes a payability determination, Centrelink is required to give notice of the determination to the claimant, stating whether PLP is payable; and, if PLP is payable - the claimant's PPL period (1.1.P.200), and that the claimant may apply for review of the determination in the manner set out in PPLAct Chapter 5.
In all cases involving a notice of a decision, PPLAct section 306(4) provides that a decision is not ineffective just because the notice was not given or was given late, or the notice did not comply with the requirements of the provision.
Revoking determinations on request
A claimant may request a revocation of their payability determination that PLP is payable.
If a payability determination has been made that PLP is payable to a person and the person requests Centrelink to revoke the determination before the start of the person's PPL period, then Centrelink must revoke the determination. The request for revocation must be in a manner approved by Centrelink.
The revocation is taken to have come into force on the day the person requested Centrelink to revoke the determination.
Act reference: PPLAct Part 2-2 Division 4 General provisions applying to determinations about whether PLP is payable, Part 5-2 AAT first review of certain decisions, Part 5-3 AAT second review of claimant decisions, section 306(4) If a provision of this Act requires a notice of decision…
Policy reference: PPL Guide 8 Review of Decisions