Section 107 — Social Security (Administration) Act 1999: General rule

(1) Subject to subsections (2), (3), (4) and (5), a determination under section 37 takes effect on the day on which the determination is made or on such earlier or later day as is specified in the determination. (2) If: (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or a concession card; and (b) the person is given a notice informing him or her of the original decision; and (c) within 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and (d) a decision that the claim be granted is made as a result of the application for review; the determination embodying the last-mentioned decision takes effect on the day on which the determination embodying the original decision took effect. (3) If: (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and (b) the person is given a notice informing him or her of the original decision; and (c) more than 13 weeks after the notice is given, the person applies to the Secretary, under section 129, for review of the original decision; and (d) a decision that the claim be granted is made as a result of the application for review; the determination embodying the last-mentioned decision takes effect on the day on which the application for review was made. (4) If: (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and (b) no notice is given to the person informing the person of the original decision; and (c) the person applies to the Secretary, under section 129, for review of the original decision; and (d) a decision that the claim be granted is made as a result of the application for review; the determination embodying the last-mentioned decision takes effect on the day on which the determination embodying the original decision took effect. (5) If: (a) a decision (the original decision) is made rejecting a person’s claim for a social security payment or concession card; and (b) the person is given a notice informing him or her of the original decision; and (c) the Secretary reviews the decision under section 126 without any application under section 129 for review of the decision having been made; and (d) a decision that the claim be granted is made as a result of the review; the determination embodying the last-mentioned decision takes effect on the day on which the determination embodying the original decision took effect.