8.1.4 When a decision made on review comes into force
Introduction
A decision to vary a claimant decision (1.1.C.110) or set aside a claimant decision and substitute a new decision comes into operation on the day that would give full effect to the review decision.
Example: A self-employed mother, who has been the primary carer of her child since the child was born, claims a 12-week PPL period and 30 flexible PPL days to be taken in a continuous PPL period, 34 weeks after the child's birth, with the date of claim being the nominated start day for payment of her PPL period.
3 weeks after claiming, it is determined that PLP is not payable in relation to either the PPL period or the flexible PPL days because the claimant was not eligible on the relevant days.
10 weeks after the determination is made that PLP is not payable, the claimant seeks review of the decision. Although an application for internal review normally should be made within 28 days of the day the decision is made, Centrelink is satisfied that a longer period can apply because of the particular circumstances of the claimant.
The review decision, which is made 14 days before the child's first birthday, sets aside the decision and substitutes a new decision that PLP is payable to the claimant.
The review decision means that PLP is payable from week 34 and that the mother (at the time of the making of the review decision) should have received 8 instalments of PLP from the start of her PPL period.
A lump sum payment that equals the amount for the 8 instalments should be made as soon as practicable; in this example this could be paid with the mother's ninth and final instalment of PLP.
The claimant will receive the full 12-week PPL period as well as 30 flexible PPL days, as claimed.
On the other hand, if the claim had been made in week 50 after the birth of the child, with the date of the claim being the nominated start day for the PPL period and it had been determined that PLP was not payable to the claimant and that decision was overturned on review, the claimant would only be eligible to receive payments in relation to the PPL period for the period between the date of the claim and the day before the child's first birthday. The claimant would still be able to receive payment for the 30 flexible PPL days after the child's first birthday.
Note: A decision comes into operation immediately on the giving of the decision if it is a decision to vary an employer determination decision (1.1.E.70) or an employer funding amount decision (1.1.E.80) or set aside such a decision and substitute a new decision.
Act reference: PPLAct section 210 Internal review-when decision made on review comes into force