Social Security (Payment Pending — SSAT Application for Review) Guidelines 2004 (Cth)

Social Security (Payment Pending—SSAT Application for Review) Guidelines 2004

I, Kay Christine Lesley Patterson, Minister for Family and Community Services, make the following determination under subsection 146(1) of the Social Security (Administration) Act 1999.

Dated       4^th June   2004.

Kay Patterson

Minister for Family and Community Services

Part 1            Preliminary

1          Name of Determination

This determination is the Social Security (Payment Pending—SSAT Application for Review) Guidelines 2004.

2          Commencement

This determination commences on gazettal.

3          Interpretation

In this determination:

1991 Act means the Social Security Act 1991;

Act means the Social Security (Administration) Act 1999;

activity test non-payment period has the same meaning as in subsection 23(1) of the 1991 Act;

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

parenting payment means the social security payment under Part 2.10 of the 1991 Act;

participation agreement breach non-payment period has the same meaning as in subsection 23(1) of the 1991 Act;

Secretary means the Secretary of the Department of Family and Community Services;

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

SSAT means the Social Security Appeals Tribunal established under Schedule 3 of 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 social security payments to persons who are subject to a participation agreement breach non‑payment period or to an activity test non-payment period.

Part 2            Guidelines

5          Application of a participation agreement breach non-payment period

Continuation of parenting payment during review

(1)    If a person in receipt of parenting payment:

(a)    is subject to an adverse decision that results in the application of a participation agreement breach non-payment period; and

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

then, subject to subsection (2) or (3):

(c)     parenting payment is payable to the person from:

(i)         if no determination to continue the payment has been made under section 131 of the Act—the date that the participation agreement breach non‑payment period commenced; or

(ii)        if a determination has been made under section 135 of the Act—the date that the participation agreement breach non‑payment period was applied after that decision was made; and

(d) parenting payment is to continue to be payable to the person until the SSAT reviews the adverse decision under section 149 of the Act.

Withdrawal of application for review

(2) Subsection (1) ceases to apply if the person in receipt of parenting payment, or another person on behalf of the person, withdraws the application for review under section 171 of the Act.

Participation agreement breach non-payment completed before application for review

(3)    Subsection (1) does not apply if the participation agreement breach non-payment period has been completed before the person in receipt of parenting payment, or another person on behalf of the person, has applied to the SSAT under subsection 142(1) or (2) of the Act for review of the adverse decision.

6          Application of an activity-test non-payment period

Continuation of social security payment during review

(1)    If a person in receipt of a social security payment:

(a)    is subject to an adverse decision that results in the application of an activity-test non-payment period; and

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

then, subject to subsection (2) or (3):

(c)     the social security payment is payable to the person from:

(i)         if no determination to continue the payment has been made under section 131 of the Act—the date that the activity-test non-payment period commenced; or

(ii)        if a determination has been made under section 135 of the Act—the date that the activity-test non-payment period was applied after that decision was made; and

(d) the social security payment is to continue to be payable to the person until the SSAT reviews the adverse decision under section 149 of the Act.

Withdrawal of application for review

(2) Subsection (1) ceases to apply if the person in receipt of a social security payment, or another person on behalf of the person, withdraws the application for review under section 171 of the Act.

Activity-test non-payment period completed before application for review

(3)    Subsection (1) does not apply if the activity-test non-payment period has been completed before the person in receipt of a social security payment, or another person on behalf of the person, has applied to the SSAT under subsection 142(1) or (2) of the Act for review of the adverse decision.