8.6.6 Summary of Rules for Date of Effect - Determinations Not Involving Working Credit or Student Income Bank

Introduction

This section deals with situations where a person's claim for a social security payment has already been granted and a change in the person's circumstances affects the continuation of the payment or the rate of payment to which the person is entitled.

The table below sets out the date of effect rules related to the conditions required to distinguish one rule from another, together with references to the authorising legislative provisions. The legislation is organised by the types of determination, which the Secretary makes in response to changes in a person's circumstances. To work out the category of determination, you need to decide:

  • whether the determination is 'favourable' or 'adverse',
  • whether the determination is 'automatic' or 'non-automatic', and
  • whether the person is a 'notification reporter' or a 'statement reporter'.

This table applies to:

  • all persons of age pension age for all determinations, and
  • all persons below age pension age for determinations made about an event or change in circumstances which does not involve employment income (for working credit persons) or ordinary income (for student income bank persons).

Note: This table does not apply to determinations concerning concession cards. See SS(Admin)Act Part 3 Division 8 Subdivision B and C. Additionally, there are further rules that apply to determine the date of effect in the case of CP (see section 120).

Determination Category Conditions Date of Effect
(including SS(Admin)Act references)
Adverse,

Automatic,

Notification

(a) Person informs department of event within notification period AND payment not cancelled or reduced before end of instalment period in which event occurred.  
  • Case 1: Payment cancelled or reduced before end of first following instalment period.
First day of the instalment period after the period in which the event occurred.

Cancellation
- subsection 93(1)(g)

Reduction
- subsection 99(1)(g)

  • Case 2: Payment cancelled or reduced after end of first following instalment period.
First day after the end of notification period.

Cancellation
- subsection 93(1)(h)

Reduction
- subsection 99(1)(h)

Note: Section 93 may be treated as not applying to a person receiving DSP in certain circumstances. See sections 96 and 97.

(b) Person does not inform department of event within notification period. Payment is cancelled or reduced. The day on which the event occurred.

Cancellation
- subsection 94(1)

Reduction
- subsection 100(1)

Adverse,

Automatic,

Statement

Person required to provide statement in respect of a period AND fails to provide statement. Payment is cancelled.Note: Where CP is automatically cancelled for non-compliance with a notice see section 95A. First day of period to which statement related

subsection 95(1)

Adverse,

Automatic,

Rate reduction

A member of couple receiving PP becomes payable for additional social security pension or payment. PP is reduced. Day on which the pension or payment becomes payable.

section 101

Adverse,

Non-automatic

Notification

Person informs department of event AND person not paid instalment after event and before the determination made. Payment cancelled, suspended or reduced. Day event occurred.

subsection 118(2)

Adverse,

Non-automatic,

Statement

Department informed of event in a statement. Payment cancelled, suspended or reduced. Day event occurred.

subsection 118(5)

Favourable,

Non-automatic

Notification

Department informed of event. Payment increased or resumed. The later of either the day the event occurred OR the day the person informed the department.

subsection 110(1)

Favourable,

Non-automatic,

Statement

Department informed of event in a statement. Payment increased or resumed. Day the matter arose.

subsection 110(2)

Adverse,

Automatic,

Partner Income

Person receives social security payment AND partner starts to receive social security payment or service pension or income support supplement AND person's social security payment is reduced as a result. Payment reduced. Day on which partner starts to receive pension or benefit.

subsection 98(1)

Adverse,

Non-automatic,

Partner Income

Both person and partner receive a social security payment AND partner required to provide statement in respect of a period AND partner informs department of event in statement as required AND following this, person's social security payment adversely affected. Payment cancelled, suspended or reduced. Day the matter arose.

subsection 118(6)

Favourable,

Non-automatic,

Partner Income

Both person and partner receive a social security payment AND partner required to provide statement in respect of a period AND partner informs department of event in a statement as required AND as a result of this, person's social security payment favourably affected. Payment increased or resumed. Day the matter arose.

subsection 110(3)

Favourable,

Non-automatic,

Partner Dies

(a) Person elects not to receive bereavement payment AND within bereavement period person notifies department or Secretary otherwise becomes aware of partner's death. Payment increased. Day partner died.

subsection 110(4)

(b) Person's partner was not immediately before death a long-term social security recipient nor was receiving a social security payment, service pension or income support supplement AND, within 4 weeks of partner's death, person notifies department, or Secretary otherwise becomes aware of partner's death. Payment increased. Day partner died.

subsection 110(5)

Favourable,

Non-automatic

Participation Failure Concerning Certain Social Security Payments

Payment has been suspended due to a participation failure concerning PP, YA, Austudy, NSA or SpB. Payment resumed. Day after end of period for which the payment is not payable.

section 110A

Adverse,

Non-automatic

Periodic Compensation Arrears

Social security payment received by person or partner when, because of payment of arrears of periodic compensation payments, the social security payment (of person or partner) should have been cancelled, suspended or reduced. Payment cancelled or reduced. First day of the periodic payments period to which the arrears of periodic compensation payments relate

Cancellation or suspension
- subsection 118(3)

Reduction
- subsection 118(4)

Adverse,

Non-automatic,

Other

(a) Person's social security payment affected by adverse determination AND person has contravened provision of the SSAct or the SS(Admin)Act(see Note below) AND contravention causes delay in making determination. Payment cancelled, suspended or reduced. Day specified in determination, which may be earlier than day on which determination made.

subsection 118(7)

Note: Subsections 67(2), 68(2) and 69(2) are excluded to the extent they relate to giving a notice requiring a person to give a statement to the department and also sections 193, 194 and 195, and subsection 118(14).

(b) Person made false statement or misrepresentation and this causes a social security payment to be paid to person when it should have been cancelled, suspended or paid at a lower rate. Payment cancelled, suspended or reduced. Day specified in determination, which may be earlier than day on which determination made. Cancellation or suspension
- subsection 118(8)

Reduction
- subsection 118(9)

(c) Generally if social security payment suspended under section 80, 81 or 82 and social security payment later cancelled under section 80, 81 or 82. Payment cancelled. Day on which social security payment was suspended.

subsection 118(11)

(d) If adverse determination made, not covered by any other subsection in section 118, subsection 118(13) applies. Payment cancelled, suspended or reduced. The day the determination is made OR an earlier or later day specified in the determination.

subsection 118(13)

Favourable,

Non-automatic,

Other

(a) Favourable determinations relating to young persons.  
  • Case 1: Secretary forms opinion young person will not qualify to receive payments under prescribed educational scheme AND Secretary notified within 28 days of young person being notified of refusal under prescribed educational scheme. Payment increased or resumed.
The day the determination is made OR an earlier or later day specified in the determination.

subsection 110(9)

  • Case 2: Young person not qualified to receive payments under prescribed educational scheme but previously received such payments which have since ceased AND Secretary notified within 28 days of grant of payments that payments no longer being received. Payment increased or resumed.
The day the determination is made OR an earlier or later day specified in the determination.

subsection 110(10)

  • Case 3: Young person not qualified to receive payments under prescribed educational scheme AND no application made for such payment AND Secretary satisfied reasonable not to apply for same AND young person ceased within 13 weeks of becoming a prescribed student child to be such, because Secretary formed opinion young person would not receive payments if application made. Payment increased or resumed.
The day the young person became a prescribed student child.

subsection 110(11)

(b) Favourable determination to which none of sections 109, 110 or 110A applies. Payment increased or resumed. Either the day of the determination OR a day specified in determination, which may be the day, or a day later than, or a day not more than 13 weeks before, the determination was made.

subsection 114(2)

Last reviewed: 1 October 2010