Where an adverse decision is based on the exercise of discretion and the person appeals to an Authorised Review Officer or the Social Security Appeals Tribunal, payment can continue pending the outcome of the review [see Social Security (Administration) Act 1999 (Cth) ss 131 and 145].
At the Administrative Appeals Tribunal stage, either party may apply to the tribunal for a stay of the decision of the Social Security Appeals Tribunal. This may be necessary where the person has no other source of income and the Social Security Appeals Tribunal decision is not in their favour. Centrelink must implement the Social Security Appeals Tribunal decision when it is in the client's favour unless it obtains a stay order from the Administrative Appeals Tribunal.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.