Social Security (Payment Pending SSAT Application for Review) (FaCSIA) Guidelines 2007 (Cth)

Social Security (Payment Pending—SSAT Application for Review) (FaCSIA) Guidelines 2007

I, MAL BROUGH, Minister for Families, Community Services and Indigenous Affairs, make the following determination under section 146 of the Social Security (Administration) Act 1999.

Dated                17^th day of July        2007.

Mal Brough

Minister for Families, Community Services and Indigenous Affairs

Part 1            Preliminary

1          Name of Determination

This determination is the Social Security (Payment Pending—SSAT Application for Review) (FaCSIA) Guidelines 2007.

2          Commencement

This determination commences immediately after the commencement of the Social Security (Payment Pending—SSAT Application for Review) Guidelines 2004 - Revocation 2007.

3          Interpretation

In this determination:

1991 Act means the Social Security Act 1991;

2005 Act means the Employment and Workplace Relations Legislation (Welfare to Work and Other Measures) Act 2005;

2004 guidelines means the Social Security (Payment Pending—SSAT Application for Review) Guidelines 2004;

Act means the Social Security (Administration) Act 1999;

activity test non-payment period means a period worked out under section 745B of the 1991 Act as in force prior to the commencement of item 43 of Part 2 of Schedule 10 to the 2005 Act;

adverse decision has the same meaning as in subsection 145(6) of the Act;

compliance penalty period in relation to a person, means a period during which special benefit is not payable to the person because of section 745 of the 1991 Act;

Secretary means the Secretary of the Families, Community Services and Indigenous Affairs;

social security payment has the same meaning as in subsection 23(1) of the 1991 Act.

special benefit means the social security payment under Part 2.15 of the 1991 Act;

SSAT means the Social Security Appeals Tribunal established under Schedule 3 to the Act.

4          Purpose

The purpose of this determination is to set out the guidelines for the exercise of the Secretary’s power to make declarations under subsection 145(1) of the Act in relation to payment of special benefit to persons who are subject to a compliance penalty period.

Part 2            Guidelines

5          Application of a compliance penalty period

Continuation of special benefit during review

(1)       If a person in receipt of special benefit:

(a)       is subject to an adverse decision that results in the application of a compliance penalty period of 8 weeks in accordance with section 745 of the 1991 Act; and

(b)       applies to the SSAT under subsection 142(1) or (2) of the Act for review of the adverse decision;

then, subject to subsections (2) or (3), the Secretary must declare under section 145 of the Act that:

(c)        special benefit is payable to the person from the date that the compliance penalty period commenced or is to commence; and

(d)       special benefit is to continue to be payable to the person pending the determination of the review, as if the adverse decision had not been made.

Withdrawal of application for review

(2) Subsection (1) ceases to apply if the person withdraws the application for review under section 171 of the Act.

Compliance penalty period completed before application for review

(3)       Subsection (1) does not apply if the compliance penalty period has been completed before the person has applied to the SSAT under subsection 142(1) or (2) of the Act for review of the adverse decision.

6Saving provision relating to activity test non-payment periods

If:

(a)       a saving provision in the 2005 Act saves an activity test non-payment period; and

(b)       the person subject to the adverse decision giving rise to that activity test non-payment period applies to the SSAT under subsection 142(1) or (2) of the Act for review of the decision (whether before or after the commencement of these Guidelines);

then section 5 or 6 (as applicable) of the 2004 guidelines continues to apply in relation to the Secretary’s power under section 145 of the Act as if that section of the 2004 guidelines had not been repealed by the Social Security (Payment Pending—SSAT Application for Review) (FaCSIA) Guidelines 2004 (Revocation) 2007.