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9.2.2 Decisions by Delegates

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The legislation does not require that a decision allowing an application at the initial level or a review decision revoking a reviewable decision, when notified to the applicant, should be accompanied by a statement of reasons. In such cases, delegates should exercise their judgement as to whether reasons are necessary to support the explanation of the decision to the applicant. If reasons are provided, they should follow the principles outlined for the presentation of reasons for decision.

A decision by a delegate:

  • refusing to issue a notice of eligibility,
  • refusing to issue a certificate of entitlement or a certificate of assignment,
  • determining the maximum amounts for which subsidy is payable,
  • cancelling a subsidy,
  • to recover a subsidy already paid,
  • determining the maximum term for which a subsidy is payable,
  • not to extend the period in which an application for a review shall be made, or
  • giving or refusing to give an approval under the bankruptcy provisions,

may be subject to a review process.