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.

8.6.5 Continuing effect of determinations

Introduction

This section explains the continuing effect of determinations, as provided in SS(Admin)Act section 123.

Section 123

The following table sets out the different types of determinations and when those determinations will cease to have effect.

Determination continues in effect until … or … SS(Admin)Act reference
Grant claim for social security payment and payment payable payment is cancelled or suspended under section 38M of the SSAct, sections 42AM(4), 42AP, 42AL, 80, 81, 82, 95C(1), 124H, 124M, or 124NF of the SS(Admin)Act payment is automatically cancelled under sections 90, 91, 93, 94 or 95 of the SS(Admin)Act, or the end of the day immediately before the day on which a person dies. section 123(1)
Person qualified for concession card concession card is cancelled under sections 77(1), (77)(3), 86 or 87 of the SS(Admin)Act concession card is automatically cancelled under sections 104 or 105 of the SS(Admin)Act. section 123(2)
Rate of payment payment rate is increased or reduced under sections 78, 79, 81A or 85A of the SS(Admin)Act rate is automatically reduced under sections 98, 99 or 100 of the SS(Admin)Act. section 123(3)

Act reference: SSAct section 38M Loss of social security payments and concessions for persons on security grounds

SS(Admin)Act section 42AL Payment suspension periods for mutual obligation failures and work refusal failures, section 42AM Reconnection requirements for mutual obligation failures and work refusal failures, section 42AP Cancelling participation payments, section 77 Consequences of not giving tax file number, section 78 Rate increase determination, section 79 Rate reduction determination, section 80 Cancellation or suspension determination, section 81 Cancellation or suspension for non-compliance with certain notices, section 81A Rate reduction determination for non-compliance with notice relating to RA, section 82 Cancellation or suspension for failure to take action to obtain foreign payment, section 85A Rate increase determination following rate reduction for non-compliance with notice relating to RA, section 86 Cancellation—person not qualified, section 87 Cancellation—non-compliance with certain notices, section 90 Automatic cancellation—transfer to new payment type, section 91 Automatic cancellation of PP on transfer to new payment type—member of couple, section 93 Automatic cancellation—recipient complying with subsection 68(2) notice, section 94 Automatic cancellation—recipient not complying with subsection 68(2) notice, section 95 Automatic cancellation—failure to provide statement under subsection 68(2), section 95C Social security payment—suspension instead of cancellation under section 93 or 94, section 98 Automatic rate reduction—partner starting to receive pension or benefit, section 99 Automatic rate reduction—recipient complying with subsection 68(2) notice, section 100 Automatic rate reduction—recipient not complying with subsection 68(2) notice, section 104 Automatic cancellation—holder complying with subsection 68(4) notice, section 105 Automatic cancellation—holder not complying with subsection 68(4) notice, section 123 Continuing effect of determinations, section 124H School enrolment—suspension or cancellation for non-compliance with enrolment notice, section 124M School attendance—suspension or cancellation for non-compliance with attendance notice, section 124NF School attendance—suspension or cancellation for non-compliance with compliance notice

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