Section 137 — Social Security (Administration) Act 1999: Certain decisions not to be revived

(1) This section has effect if: (a) the Secretary makes a determination (the first determination) that: (i) a social security payment is granted or is payable to a person; or (ii) a social security payment is payable to a person at a particular rate; and (b) the Secretary makes a determination (the second determination): (i) cancelling the social security payment; or (ii) reducing the rate at which the social security payment is payable; and (c) notice of the second determination is given to the person; and (d) the person applies under section 129 for review of the second determination; and (e) the application is made more than 13 weeks after notice of the second determination was given; and (f) a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and (g) the review decision, or the effect of the review decision, is: (i) to set aside the second determination; or (ii) to affirm a decision setting aside the second determination. (2) This section has effect if: (a) the Secretary makes a determination (the first determination) that: (i) a social security payment is granted or is payable to a person; or (ii) a social security payment is payable to a person at a particular rate; and (b) the Secretary makes a determination (the second determination): (i) cancelling the social security payment; or (ii) reducing the rate at which the social security payment is payable; and (c) notice of the second determination is given to the person; and (d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the decision having been made; and (e) the decision of the Secretary on the review is to set aside the second determination; and (f) the decision on the review is made more than 13 weeks after notice of the second determination was given. (3) This section has effect if: (a) the Secretary makes a determination (the first determination) that: (i) a person’s claim for a concession card is granted; or (ii) a person is qualified for a concession card; and (b) the Secretary makes a determination (the second determination) cancelling the concession card; and (c) notice of the second determination is given to the person; and (d) the person applies under section 129 for review of the second determination; and (e) the application is made more than 13 weeks after notice of the second determination was given; and (f) a decision (the review decision) is made by the Secretary, an authorised review officer or the ART; and (g) the review decision, or the effect of the review decision, is: (i) to set aside the second determination; or (ii) to affirm a decision setting aside the second determination. (4) This section has effect if: (a) the Secretary makes a determination (the first determination) that: (i) a person’s claim for a concession card is granted; or (ii) a person is qualified for a concession card; and (b) the Secretary makes a determination (the second determination) cancelling the concession card; and (c) notice of the second determination is given to the person; and (d) the Secretary reviews the second determination under section 126 without any application under section 129 for review of the declaration having been made; and (e) the decision of the Secretary on the review is to set aside the second determination; and (f) the decision is made more than 13 weeks after notice of the second determination was given. (5) If this section has effect: (a) the second determination does not become void from the time when it was made; and (b) the mere setting aside of the second determination does not of itself revive the first determination. (6) For the purposes of this section, a person is taken to have applied for review of a determination (the primary determination) if: (a) the person applies for review of another determination or decision; and (b) a review of the primary determination is necessary to resolve the issues raised by the review of that other determination or decision.