Commonwealth Consolidated Acts

SOCIAL SECURITY (ADMINISTRATION) ACT 1999 - SECT 149

             (1)  If a person applies to the SSAT for review of a decision (other than a decision referred to in subsection (5)), the SSAT must:

                     (a)  affirm the decision; or

                     (b)  vary the decision; or

                     (c)  set the decision aside and:

                              (i)  substitute a new decision; or

                             (ii)  send the matter back to the Secretary or the Chief Executive Centrelink, as the case requires, for reconsideration in accordance with any directions or recommendations of the SSAT.

             (2)  If the SSAT sets a decision aside and substitutes for it a decision that a person is entitled to a social security payment (other than pension bonus or pension bonus bereavement payment), the SSAT must:

                     (a)  assess the rate at which the social security payment is to be paid to the person; or

                     (b)  ask the Secretary or the Chief Executive Centrelink, as the case requires, to assess the rate at which the social security payment is to be paid to the person.

             (3)  If the SSAT sets a decision aside and substitutes for it a decision that a person is entitled to a pension bonus or pension bonus bereavement payment, the SSAT must:

                     (a)  assess the amount of the pension bonus or pension bonus bereavement payment that is to be paid to the person; or

                     (b)  ask the Secretary to assess the amount of the pension bonus or pension bonus bereavement payment that is to be paid to the person.

             (4)  If:

                     (a)  the SSAT sets a decision aside under subsection (1); and

                     (b)  the Secretary or the SSAT (as the case may be), is satisfied that an event that did not occur would have occurred if the decision had not been made;

the Secretary or the SSAT, as the case requires, may, if satisfied that it is reasonable to do so, direct that the event is to be taken, for the purposes of the social security law, to have occurred.

             (5)  This section does not apply to:

                    (aa)  a decision under section 501A of the 1991 Act to the extent to which it relates to the terms of a Parenting Payment Employment Pathway Plan that is in force; or

                     (a)  a decision under section 544B of the 1991 Act to the extent to which it relates to the terms of a Youth Allowance Employment Pathway Plan that is in force; or

                     (b)  a decision under section 606 of the 1991 Act to the extent to which it relates to the terms of a Newstart Employment Pathway Plan that is in force; or

                     (c)  a decision under section 731M of the 1991 Act to the extent to which it relates to the terms of a Special Benefit Employment Pathway Plan that is in force.