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.

6.1.6.10 Payment continuation during review

Summary

This topic explains provisions for the continuation of payments during a rate reduction review.

Continuation of payment

The Secretary can continue payment, pending the outcome of a review, IF:

  • an income support recipient applies for a review of an adverse determination to reduce their payment rate because there were, or are being, paid more than the rate payable under the Act, AND
  • the adverse determination depends on a discretion or opinion, OR
  • it would result in the application of a compliance penalty period.

Act reference: SS(Admin)Act section 131 Secretary may continue payment pending outcome of application for review, section 132 Guidelines for exercise of Secretary's power to continue payment

Date of effect of adverse determination

For information regarding the date of effect of an adverse determination see 8.6.4.10.

Last reviewed: