Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 97B

             (1)  If:

                     (a)  disability support pension ceased to be payable to a person because the rate of the pension was nil as a result of the income, or increased income, earned by the person from his or her employment; and

                     (b)  the person subsequently informs the Secretary of that income or increased income; and

                     (c)  the person's disability support pension was cancelled under section 94 because the pension ceased to be payable to the person for the reason mentioned in paragraph (a); and

                     (d)  within the period of 2 years and 14 days after the pension ceased to be payable, the income the person earned from his or her employment is reduced to a rate that would not preclude the person from receiving disability support pension;

the Secretary may determine that:

                     (e)  the person is to be treated as if section 94 had not applied to the person's disability support pension; and

                      (f)  the person's disability support pension is suspended from the day on which the pension ceased to be payable to the person.

             (2)  Subsection (1) does not apply to a person if:

                     (a)  the Secretary gives written notice to the person that the person is no longer qualified for disability support pension; and

                     (b)  the Secretary's notice is given before the person informs the Secretary of the person's income or increased income.

             (3)  If:

                     (a)  the Secretary makes a determination under subsection (1) suspending a person's disability support pension; and

                     (b)  the determination continues in force throughout the period (or the balance of the period) of 2 years and 14 days after its date of effect;

then, at the end of that period (or the balance of that period), the determination granting the person disability support pension is, by force of this subsection, revoked.

             (4)  If:

                     (a)  the Secretary makes a determination under subsection (1) suspending a person's disability support pension; and

                     (b)  the person's partner had ceased to be qualified for wife pension or carer payment when disability support pension ceased to be payable to the person for the reason mentioned in paragraph (1)(a);

the Secretary may determine that the partner is to be treated as if the partner's wife pension or carer payment, as the case may be, had not been cancelled but had been suspended for the period of the suspension of the person's disability support pension.

             (5)  If:

                     (a)  the Secretary makes a determination under subsection (1) suspending a person's disability support pension; and

                     (b)  within 2 years and 14 days from the date of effect of the determination, the Secretary reconsiders the decision to suspend; and

                     (c)  as a result of the reconsideration, the Secretary is satisfied that the person is not receiving disability support pension that is payable to the person;

the Secretary is to determine that the disability support pension is payable to the person.

             (6)  The reconsideration referred to in paragraph (5)(b) may be a reconsideration on an application under section 129 or a reconsideration on the Secretary's own initiative.