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.

6.3.2.30 General provisions for DAPP payability determinations

Assumptions

In deciding whether to make a payability determination (6.3), 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 a payability determination is in force

A payability determination comes into force on the day it is made and continues in force unless it is revoked under PPLAct section 115BK, 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 DAPP is payable. If DAPP is payable, the notice must specify the claimant's DAPP period (6.3.2.10) 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 subsection 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 a payability determination on request

A claimant may request a revocation of their payability determination that DAPP is payable, where for example, the DAPP period is in the future and the claimant realises that they will not be able to care for the child during the nominated DAPP period.

If a payability determination has been made that DAPP is payable to a person and the person requests Centrelink to revoke the determination before the start of the person's DAPP period, then Centrelink must revoke the determination. The revocation must be in the form approved by Centrelink.

The revocation is taken to have come into force on the day the person requested Centrelink to revoke the determination.

See 5.1.5 for more information about withdrawing or varying a DAPP claim.

Act reference: PPLAct Part 3A-2 Division 4 General provisions applying to determinations about whether DAPP is payable, section 117 General power to obtain information, section 306(4) If a provision of this Act requires a notice …

Policy reference: PPL Guide 2.3.1 DAPP eligibility overview, 2.3.8 DAPP period, 5.1.5 Withdrawal or variation of a claim for DAPP, 6.3.1 Initial eligibility determinations for DAPP, Part 8 Review of decisions

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