S 112 substituted by No 38 of 2024, s 3 and Sch 3 item 25, effective 14 October 2024. S 112 formerly read:
SECTION 112 Operation and implementation of decision under AAT first review
112
Subsection 41(2) of the AAT Act does not apply in relation to an application for AAT first review.
S 112 substituted by No 60 of 2015 (as amended by No 4 of 2016), s 3 and Sch 5 item 22, effective 1 July 2015. No 60 of 2015, s 3 and Sch 9 item 15BQ contains the following transitional and saving provision:
15BQ Continuation of payment declarations
(1)
If, immediately before the commencement day, a declaration under section 112 of the
A New Tax System (Family Assistance) (Administration) Act 1999
was in effect in connection with a person
'
s application for review of a decision, the declaration continues in effect on and after the commencement day, as if the declaration had been made:
(a)
under section
113
of that Act as amended by this Act; and
(b)
in connection with the application as continued in the AAT by item 15AB of this Schedule.
…
S 112 formerly read:
SECTION 112 Secretary may continue payment etc. pending outcome of application for review
112(1)
If:
(a)
an adverse family assistance decision referred to in paragraph (a) or (b) of the definition of
adverse family assistance decision
in subsection (4) is made; and
(b)
the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and
(c)
a person applies to the SSAT under section
111
for review of the adverse decision;
the Secretary may declare that entitlement to the family assistance is to continue, pending the determination of the review, as if the adverse decision had not been made.
History
S 112(1) amended by No 45 of 2000, s 3 Sch 2 item 110, by substituting
"
referred to in paragraph (a) or (b) of the definition of
adverse family assistance decision
in subsection (4)
"
for
"
(see subsection (4))
"
in para (a), effective 1 July 2000. For transitional provisions see note under s 69.
112(1A)
If:
(a)
an adverse family assistance decision referred to in paragraph (c), (d) or (e) of the definition of
adverse family assistance decision
in subsection (4) is made; and
(b)
the adverse decision depends on the exercise of a discretion, or the holding of an opinion, by a person; and
(c)
a person applies to the SSAT under section 111 for review of the adverse decision;
the Secretary may declare:
(d)
in the case of an adverse family assistance decision referred to in paragraph (c) of the definition in subsection (4)
-
that the conditional eligibility to which the decision relates is to continue as if the adverse decision had not been made; and
(e)
in the case of an adverse family assistance decision referred to in paragraph (d) of the definition in subsection (4)
-
that the limit or percentage to which the decision relates is to continue as if the adverse decision had not been made; and
(f)
in the case of an adverse family assistance decision referred to in paragraph (e) of the definition in subsection (4)
-
that the eligibility for the special grandparent rate to which the decision relates is to continue as if the adverse decision had not been made.
History
S 112(1A) amended by No 132 of 2004, s 3 and Sch 4 items 34 and 35, by substituting
"
, (d) or (e)
"
for
"
or (d)
"
in para (a) and inserting para (f), applicable to sessions of care provided in a week that commences after 1 January 2005.
S 112(1A) inserted by No 45 of 2000, s 3 Sch 2 item 111, effective 1 July 2000. For transitional provisions see note under s 69.
112(2)
While the declaration is in force in relation to the adverse decision, this Act (other than this Part) applies as if the adverse decision had not been made.
112(3)
The declaration:
(a)
starts to have effect on the day on which it is made or on the earlier day (if any) specified in the declaration; and
(b)
stops having effect if:
(i)
the application to the SSAT for review of the adverse decision is dismissed; or
(ii)
the review of the adverse decision is determined by the SSAT; or
(iii)
the declaration is revoked by the Secretary.
History
S 112(3) amended by No 154 of 2012, s 3 and Sch 3 item 6, by substituting
"
dismissed
"
for
"
withdrawn
"
, effective 15 December 2012. For application and transitional provisions see note under Subdiv
G
heading of Part 5 Div 3.
112(4)
In this section:
adverse family assistance decision
, in relation to a person, means any decision having the effect that:
(a)
the person ceases to be entitled to family assistance; or
(b)
the person
'
s entitlement to family assistance is reduced; or
(c)
the person ceases to be conditionally eligible for child care benefit by fee reduction; or
(d)
the weekly limit of hours, the CCB % or the schooling % applicable to the person is reduced; or
(e)
the person ceases to be eligible for the special grandparents rate for a child.
History
S 112(4) amended by No 132 of 2004, s 3 and Sch 4 item 36, by inserting para (e) at the end, applicable to sessions of care provided in a week that commences after 1 January 2005.
S 112(4) substituted by No 45 of 2000, s 3 Sch 2 item 112, effective 1 July 2000. For transitional provisions see note under s 69. S 112(4) formerly read:
112(4)
In this section:
adverse family assistance decision
means any decision having the effect that an entitlement to family assistance under a determination is reduced or ceases.
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