Section 134 — Social Security Act 1991: Transitional and saving provisions—substitution of Part 3.14

(1) In this clause: 2001 amending Act means the Family and Community Services Legislation (Simplification and Other Measures) Act 2001. new Act means this Act, as amended by the 2001 amending Act. old Act means this Act, as in force immediately before 20 September 2001. old lump sum preclusion period has the same meaning as in the old Act. (2) Part 3.14 of the new Act has effect subject to this clause. (3) Subject to subclause (9), if: (a) before 20 September 2001, because of the operation of subsection 1165(1A) or (2AA) of the old Act, a social security payment had ceased to be payable to a person for a period; and (b) if the provisions of the old Act had continued in force on and after 20 September 2001, the payment would not have become payable again until a time on or after that date; then, on and after 20 September 2001, the new Act has effect as if: (c) the new Act had been in operation when the social security payment ceased to be payable for the period; and (d) the social security payment had so ceased because of the operation of subsection 1169(1) of the new Act. (4) Subject to subclause (9), if: (a) before 20 September 2001, because of the operation of a provision of the old Act specified in the table in subclause (8), the rate at which a social security payment was payable to a person was reduced for a period; and (b) if the provisions of the old Act had continued in force on and after 20 September 2001, the payment would have continued to be payable at the reduced rate until a time on or after that date; then, on and after 20 September 2001, the new Act has effect as if: (c) the new Act had been in operation when the social security payment became payable at the reduced rate; and (d) the social security payment had become so payable because of the operation of the corresponding provision of the new Act. (5) If a notice to which this subclause applies was in effect immediately before 20 September 2001, the new Act has effect, on and after 20 September 2001, as if: (a) the new Act had been in operation when the notice was given; and (b) the notice had been given under the provision of the new Act that corresponds to the provision of the old Act under which the notice was given. (6) Subclause (5) applies to the following notices: (a) a notice under subsection 1166(1) of the old Act in relation to a recoverable amount calculated under subsection 1166(3), (4) or (4C) of that Act; (b) a notice under subsection 1170(1) of the old Act in relation to a recoverable amount calculated under subsection 1170(3) or (4) of that Act; (c) a notice under subsection 1172(1) of the old Act; (d) a notice under subsection 1174(1) of the old Act in relation to a recoverable amount calculated under subsection 1174(6) of that Act; (e) a notice under subsection 1177(1) of the old Act; (f) a notice under subsection 1179(1) of the old Act in relation to a recoverable amount calculated under subsection 1179(6) of that Act. (7) If: (a) before 20 September 2001, a person applied, under section 129, 142 or 179 of the Administration Act, for review of a decision made as a result of the operation of a provision of the old Act specified in column 2 of an item in the table in subclause (8); and (b) the review was not determined before 20 September 2001; then, on and after 20 September 2001, the review is to be determined in accordance with this Act, as in force when the decision was made. (8) The provision of the new Act that corresponds, for the purposes of this clause, to the provision of the old Act specified in column 2 of an item of the following table is the provision specified in column 3 of the item. Corresponding provisions Column 1 Item Column 2 Old Act provision Column 3 Corresponding new Act provision 1 Subsection 1165(1A) Subsection 1169(1) 2 Subsection 1165(2AA) Subsection 1169(1) 3 Subsection 1166(1) Subsection 1178(1) 4 Subsection 1168(1) (except to the extent that it operated in relation to a person’s social security payment where the person’s partner, but not the person, had received compensation) Subsection 1173(1) 5 Subsection 1170(1) Subsection 1180(1) 6 Subsection 1172(1) Subsection 1182(1) 7 Subsection 1174(1) Subsection 1184(1) 8 Subsection 1177(1) Subsection 1182(2) 9 Subsection 1179(1) Subsection 1184(2) 10 Section 1184 Section 1184K (9) On and after 20 September 2001: (a) the new Act has effect as if: (i) it included provisions in the same terms as subsection 17(1) of the old Act to the extent that it defines average weekly earnings and subsections 1165(1) and (2), 1166(4A), 1174(4) and (5), and 1179(4) and (5) of the old Act; and (ii) section 1169 of the new Act did not apply where the lump sum compensation payment was received before 20 March 1997; and (b) for the purposes of the operation of paragraph (a), old lump sum preclusion period is taken to have the same meaning in the new Act as in the old Act; and (c) for the purposes of the operation of paragraph (a), the lump sum preclusion period, for the purposes of the new Act, is the period that corresponds to the old lump sum preclusion period. (10) If: (a) a person received compensation before 1 January 1993; and (b) the person’s partner (the partner) claimed or received carer pension before that date because the partner was caring for the person; this Act, as it applied in relation to carer payment being received by the partner immediately before 20 September 2001, continues to apply in relation to carer payment received by the partner before, on or after 20 September 2001 because the partner was or is caring for the person. (11) If: (a) before 20 September 2001, a person was given a notice under Subdivision B of Division 6 of Part 3, or Division 1 of Part 5, of the Administration Act; and (b) the notice required the person: (i) to inform the Department whether a specified event or change of circumstances had occurred; or (ii) to give the Department a statement about a matter; or (iii) to give information or produce a document; and (c) the notice required the information or statement to be given within a specified period; and (d) the person has failed to comply with the requirement of the notice; any determination made under the Administration Act on or after 20 September 2001 as a result of the occurrence of an event or change of circumstances, or in connection with a matter, to which the notice related must be made in accordance with this Act as in force immediately before the end of the period referred to in paragraph (c).