VETERANS' ENTITLEMENTS ACT 1986 - SECT 31 Review by Commission
VETERANS' ENTITLEMENTS ACT 1986 - SECT 31
Review by Commission(a) the time has not expired for making application to the Board under section 135 for a review of a decision of the Commission with respect to:
(i) a claim for a pension in accordance with section 14;
(ii) an application for an increased pension, or for a pension, in accordance with section 15; or
(iii) an application for attendant allowance under section 98; or
(b) an application has been duly made to the Board under section 135 for a review of such a decision of the Commission but has not been determined by the Board;
the Commission may, in its discretion, review that decision and, if it varies that decision, it may approve as the date as from which the variation shall operate a date not earlier than the earliest date as from which the decision as so varied could have operated if it had been made by the Board, in substitution for the original decision, upon a review of the original decision.
(2) Where application has been duly made, otherwise than by the Commission, to the Administrative Appeals Tribunal under section 175 for a review of:
(a) a decision of the Commission that has been affirmed by the Board; or
(b) a decision made by the Board in substitution for a decision of the Commission;
but the review has not been determined, the Commission may, in its discretion, review that decision and, with the consent of the applicant, vary that decision and, if it varies that decision, it may approve as the date as from which the variation shall operate a date not earlier than the earliest date as from which the decision as so varied could have operated if the variation had been made by the Administrative Appeals Tribunal upon a review of the decision.
(3) The Commission may, for the purpose only of correcting a manifest error, vary the date approved by the Board as the date as from which a decision of the Board made in substitution for a decision of the Commission is to operate.
(4) Where the Commission is satisfied that evidence before the Commission when it made a decision was false in a material particular, the Commission may, in its discretion, review the decision and, if it varies the decision, it may approve as the date as from which the variation shall operate a date, which may be a date before or after the commencement of the review, considered by the Commission to be appropriate in all the circumstances.
(5) For the purposes only of approving a date under subsection (1) as the date as from which a variation of a decision to which paragraph (1)(a) applies shall operate, the Commission shall assume that an application had been made to the Board to review the decision on the date on which the Commission commenced its review of the decision.
(5A) The Commission may, for the purpose of reviewing a decision under this section, of exercising its powers under subsection (6) for a reason specified in paragraph (6)(a) or (b) or of exercising its powers under subsection (8), by notice in writing served on a veteran who is in receipt of a pension under this Part, request the veteran:
(a) to undergo, as provided in the notice, a medical examination for the purpose of the review, or the exercise of those powers, as the case may be; or
(b) to consent to the release to the Commission of information concerning the veteran of a kind described in the notice, being information that, in the opinion of the Commission, may be relevant to the review, or the exercise of those powers, as the case may be.
(6) Where the Commission is satisfied that:
(a) having regard to any matter that affects the payment of a pension or attendant allowance, being a matter that was not before the Commission, the Board or the Administrative Appeals Tribunal, as the case requires, when the decision to grant the pension or attendant allowance, or a decision to vary the rate of the pension or attendant allowance, was made;
(b) by reason of a refusal or failure of any person to comply with a provision of this Act;
(c) by reason of a refusal or failure of a veteran to comply with a notice served on the veteran under subsection (5A) or with a request made under paragraph 32(1)(c); or
(d) by reason of the circumstances referred to in a paragraph of section 24A being applicable to the veteran;
in a case to which paragraph (a), (b) or (c) applies, a pension or attendant allowance should be cancelled or suspended or is being paid at a higher rate than it should be or, in a case to which paragraph (d) applies, a pension is being paid at a higher rate than it should be, the Commission may, by determination in writing, cancel or suspend or decrease the rate of the pension or attendant allowance, or decrease the rate of the pension, as the case may be, with effect, subject to subsection (7), from the day on which the determination was made or such later day as is specified in the determination.
(6A) Where the Commission is, under subsection (6), satisfied that the rate of a pension payable to a veteran is higher than it should be by reason that the degree of incapacity of the veteran from war - caused injury or war - caused disease, or both, is less than 10 per centum (including nought per centum), it shall cancel the pension that was payable to the veteran.
(6B) The cancellation of a pension payable to a veteran under subsection (6A) does not affect any decision of the Commission, the Board or the Administrative Appeals Tribunal that is in force determining that the veteran is suffering from a war - caused injury or a war - caused disease, or both.
(7) Where a determination is made under subsection (6):
(aa) by reason of the Commission having regard to a matter that affects the payment of a pension or attendant allowance in the circumstances specified in paragraph (6)(a); or
(a) by reason of the refusal or failure of a person to comply with a provision of this Act, other than:
(i) subsection 127(4) in relation to a notice under paragraph 127(1)(f); or
(ii) subsection 128(4); or
(b) by reason that an amount has been paid by way of pension or attendant allowance that, but for the false statement or misrepresentation of any person, would not have been paid;
a date earlier than the date of the determination may be specified in the determination as the date as from which the cancellation, suspension or decrease, as the case may be, is to take effect.
(7A) Subsection (7) does not apply to a determination made under subsection (6) for a reason set out in paragraph (6)(c).
(8) Where the Commission is satisfied that, having regard to any matter that affects the payment of a pension or attendant allowance, the rate of the pension or attendant allowance is less than it should be, the Commission may, by determination in writing, increase the rate of the pension or attendant allowance with effect from the date of the determination, or such earlier date, or such later date, as is specified in the determination.
(9) Where the Commission determines that a pension or attendant allowance be suspended:
(a) the Commission may, in the same determination, fix the date of re - commencement of the pension or attendant allowance; or
(b) if the Commission does not so fix the date of re - commencement, the Commission shall, in a subsequent determination, fix the date of re - commencement of the pension or attendant allowance unless it makes a further determination cancelling the pension or attendant allowance.
(10) If the Commission refuses or fails to review, under this section, a decision in relation to a pension or attendant allowance, the refusal or failure is not subject to review by the Board or by the Administrative Appeals Tribunal.
(11) A decision by the Commission upon its review under this section of a decision in relation to a pension or attendant allowance is not subject to review by the Board or the Administrative Appeals Tribunal unless the Commission cancels or suspends the pension or attendant allowance, or varies the decision, reviewed by the Commission.
(12) This section applies to and in relation to a decision made
before or after the commencement of this section but does not apply to or in
relation to a decision of the Board referred to in subsection 154(1),
or a decision of the Administrative Appeals Tribunal referred to in subsection
178(1), that is binding on the Commission by reason that the period
specified in that subsection has not expired.