Post by takeo19 on Feb 11, 2013 18:19:00 GMT 7
Glen may be right according to this:
Date of effect rules for portability
The rules that follow relate to recipients who have been cancelled, or who have had a rate reduction because of portability.
The date-of-effect rules for the decision will be based on the standard 'review of decision' rules in the SS(Admin)Act. The date-of-effect rules determine whether they are due arrears or not. This means:
if the recipient was notified of the cancellation/reduction and applies for a review WITHIN 13 weeks of when the cancellation or reduction notice was given, they are entitled to full arrears back to the date of cancellation (section 109(1)).
if the recipient was notified of the cancellation/reduction and applies for a review MORE THAN 13 weeks after the cancellation or reduction notice was given, they are only entitled to arrears from the date of the request for a review (section 109(2)).
if the recipient WAS NOT NOTIFIED of the cancellation/reduction and applies at ANY TIME for a review, they are entitled to arrears back to the date of the original cancellation or reduction decision. This would include where no advice was sent, or the advice was not sent to the last known mailing address (section 109(3) and section 237(3)).
Act reference: SS(Admin)Act section 109(1) through to section 109(3) Date of effect of favourable determination resulting from review, section 237(3) If notice of a decision is given in accordance...
Person returns to Australia after a rate reduction
Decisions that have been applied to reduce a recipient's payment and they return to Australia AFTER that reduction, are governed by the 'favourable determination after notification' provisions. This could be because the recipient has been outside Australia for a period and add-ons cease and/or they are proportionalised. In these cases, the date of effect is the date of receipt of the advice, or the date of the event, whichever is later.
Act reference: SS(Admin)Act section 110 Date of effect of favourable determination
Person returns to Australia after cancellation
The situation where a recipient's payment is cancelled CORRECTLY and they return to Australia AFTER that cancellation requires that the recipient lodge a new claim to regain qualification. This could be, for example, because they have been outside Australia for a period.
Cancellations where a discretionary extension would have applied
It is also possible that a recipient who has been cancelled on account of their having a limited portability period, had their circumstances been known, would have been granted a discretionary extension. In such cases, the original cancellation would be overturned and the new decision (that portability be extended) applied.
So if your payments are cancelled you have to lodge a new claim..oh boy..
Date of effect rules for portability
The rules that follow relate to recipients who have been cancelled, or who have had a rate reduction because of portability.
The date-of-effect rules for the decision will be based on the standard 'review of decision' rules in the SS(Admin)Act. The date-of-effect rules determine whether they are due arrears or not. This means:
if the recipient was notified of the cancellation/reduction and applies for a review WITHIN 13 weeks of when the cancellation or reduction notice was given, they are entitled to full arrears back to the date of cancellation (section 109(1)).
if the recipient was notified of the cancellation/reduction and applies for a review MORE THAN 13 weeks after the cancellation or reduction notice was given, they are only entitled to arrears from the date of the request for a review (section 109(2)).
if the recipient WAS NOT NOTIFIED of the cancellation/reduction and applies at ANY TIME for a review, they are entitled to arrears back to the date of the original cancellation or reduction decision. This would include where no advice was sent, or the advice was not sent to the last known mailing address (section 109(3) and section 237(3)).
Act reference: SS(Admin)Act section 109(1) through to section 109(3) Date of effect of favourable determination resulting from review, section 237(3) If notice of a decision is given in accordance...
Person returns to Australia after a rate reduction
Decisions that have been applied to reduce a recipient's payment and they return to Australia AFTER that reduction, are governed by the 'favourable determination after notification' provisions. This could be because the recipient has been outside Australia for a period and add-ons cease and/or they are proportionalised. In these cases, the date of effect is the date of receipt of the advice, or the date of the event, whichever is later.
Act reference: SS(Admin)Act section 110 Date of effect of favourable determination
Person returns to Australia after cancellation
The situation where a recipient's payment is cancelled CORRECTLY and they return to Australia AFTER that cancellation requires that the recipient lodge a new claim to regain qualification. This could be, for example, because they have been outside Australia for a period.
Cancellations where a discretionary extension would have applied
It is also possible that a recipient who has been cancelled on account of their having a limited portability period, had their circumstances been known, would have been granted a discretionary extension. In such cases, the original cancellation would be overturned and the new decision (that portability be extended) applied.
So if your payments are cancelled you have to lodge a new claim..oh boy..
