VETERANS' ENTITLEMENTS ACT 1986 - SECT 21 Dates of effect that may be specified in respect of grant of applications under section 15

VETERANS' ENTITLEMENTS ACT 1986 - SECT 21

  (1)   The Commission may, subject to this Act, specify as a date that a determination of an application made under section   15 takes effect in respect of a person, the date on which the application, in accordance with a form approved for the purposes of paragraph   15(3)(a) was received at an office of the Department in Australia.

Note:   A determination of an application under subsection   15(1) is made under subsection   19(5D). A determination of an application under subsection   15(2) is made under subsection   19(5).

  (2)   Where:

  (a)   a person makes an application in writing of a kind referred to in subsection   15(1) or (2), but otherwise than in accordance with a form approved for the purposes of paragraph   15(3)(a);

  (b)   the person subsequently makes an application of a kind so referred to in accordance with a form so approved:

  (i)   at a time when the person had not been notified by the Department, in writing, that it would be necessary to make the application in accordance with a form so approved; or

  (ii)   within 3 months after the person had been so notified; and

  (c)   an increased pension, or a pension, is granted to the person upon consideration of that application in accordance with a form so approved;

the Commission may, subject to this Act, specify as a date that a determination of an application made under section   15 takes effect, the date on which the application referred to in paragraph   (a) was received at an office of the Department in Australia.

Note:   A determination of an application under subsection   15(1) is made under subsection   19(5D). A determination of an application under subsection   15(2) is made under subsection   19(5).

  (3)   Nothing in this section empowers the Commission to specify as a date that a determination of an application made under section   15 takes effect in respect of a person, a date before the date that the person became eligible to be granted the increased pension, or pension, as the case may be.

Note:   A determination of an application under subsection   15(1) is made under subsection   19(5D). A determination of an application under subsection   15(2) is made under subsection   19(5).