When is an applicant who received a compensation decision treated as having refused to consent to it?
General information · Not legal advice
Material to check
In a practice file we read the compensation decision itself, the applicant's demand for payment together with its proof of delivery, any consent form lodged with the State or the local government, and the records showing when the local government actually paid or did not.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes both routes in the provision as sufficient on their own: an applicant who received a compensation decision and does not demand payment, or a local government that does not pay within the period the Presidential Decree sets, leads to the decision being deemed not consented to.
Another reading notes the provision does not set that payment period itself, leaving it to a Presidential Decree, and it does not say what a deemed refusal to consent does afterwards, so the file must show which route was taken and when the period ended.
Your judgment
If the local government missed the payment period, what date does the file show the period began to run from?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to require notice before consent is deemed refused, or if a decision clarifies what legal effect a deemed refusal to consent carries.