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VETERANS' ENTITLEMENTS ACT 1986 - SECT 135

Review of decisions in respect of pensions and attendant allowances

             (1)  Where a person:

                     (a)  who has made a claim for a pension in accordance with section 14;

                     (b)  who has made application for a pension, or for an increased pension, in accordance with section 15; or

                     (c)  who has made an application for attendant allowance under section 98;

is dissatisfied with any decision of the Commission in respect of the claim or application (including a decision under section 20 or 21 approving a date from which payment of a pension, or payment of a pension at a higher rate, may be made, but not being a decision under subsection 19A(1)), the person may, subject to this Act, make application to the Board for a review of the decision of the Commission.

             (2)  Where the Commission, upon a review under section 31 of a decision in relation to a pension or attendant allowance, has made a further decision:

                     (a)  revoking that decision; or

                     (b)  revoking that decision and substituting a new decision; or

                     (c)  varying that decision;

the veteran, or the dependant of a deceased veteran, as the case may be, affected by that further decision may make application to the Board for a review:

                     (d)  of the further decision of the Commission revoking that previous decision; or

                     (e)  of the new decision of the Commission that was substituted for that previous decision; or

                      (f)  of that previous decision as varied by the further decision of the Commission.

             (3)  Where the Commission makes a determination:

                     (a)  under subsection 31(6) cancelling or suspending, or decreasing the rate of, a pension or attendant allowance;

                     (b)  under subsection 31(8) increasing the rate of a pension or attendant allowance; or

                     (c)  under subsection 31(9) fixing the date of re-commencement of a pension or attendant allowance that has been suspended;

the veteran, or the dependant of a veteran, as the case may be, affected by that determination may make application to the Board for a review of that decision of the Commission to cancel or suspend that pension or attendant allowance, to decrease or increase the rate of that pension or attendant allowance or fixing the date of re-commencement of that pension or attendant allowance that has been suspended, as the case may be.

             (4)  Subject to subsections (5) and (5A), an application under subsection (1) or (2) to the Board to review a decision of the Commission may be made within 12 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2), but not otherwise.

             (5)  An application under subsection (1), (2) or (3) to the Board to review a decision of the Commission:

                     (a)  assessing a rate of pension or increased rate of pension;

                     (b)  refusing to grant a pension on the ground that the extent of the incapacity of the veteran is insufficient to justify the grant of a pension;

                     (c)  refusing to increase the rate of a pension;

                     (d)  reducing the rate of a pension; or

                     (e)  cancelling or suspending a pension, or fixing the date of re-commencement of a pension that has been suspended;

may be made within 3 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2), but not otherwise.

          (5A)  An application by a person under subsection (1), (2) or (3) to the Board to review a decision of the Commission, whether the decision was made before or is made after the commencement of this subsection, refusing to grant an application for attendant allowance under section 98 may be made within a period of 3 months after service on the person of notice of the decision or within a period of 3 months after the commencement of this subsection, whichever last expires, but not otherwise.

             (6)  If:

                     (a)  the Commission, upon a review under section 31 of a decision (the original decision ) of a kind referred to in subsection (1), (2) or (3), has made a further decision:

                              (i)  revoking that decision; or

                             (ii)  revoking that decision and substituting a new decision; or

                            (iii)  varying that decision; and

                     (b)  application had not, before the further decision was made, been made to the Board for a review of the original decision;

application is not to be made for a review of the original decision but may be made for a review:

                     (c)  of the further decision of the Commission revoking the original decision; or

                     (d)  of the new decision of the Commission that was substituted for the original decision; or

                     (e)  of the original decision as varied by the further decision of the Commission.

             (7)  If:

                     (a)  the Commission, upon a review under section 31 of a decision (the original decision ) of a kind referred to in subsection (1), (2) or (3), has made a further decision:

                              (i)  revoking that decision; or

                             (ii)  revoking that decision and substituting a new decision; or

                            (iii)  varying that decision; and

                     (b)  an application had been made to the Board for a review of the original decision but the hearing of the application:

                              (i)  had not commenced before the further decision was made; or

                             (ii)  had commenced but was not completed before the further decision was made;

the application is to be treated as if it were an application made for a review:

                     (c)  of the further decision of the Commission revoking the original decision; or

                     (d)  of the new decision of the Commission that was substituted for the original decision; or

                     (e)  of the original decision as varied by the further decision of the Commission.



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