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Dates of effect for determinations resulting from Commission reviews

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VEA ?

Section 31 VEA Review by Commission - pension or Attendant Allowance

Section 115 VEA Review of decision - allowances

VEA ? (go back)

Grant, variation suspension or cancellation as a result of a Commission review

The following table outlines the dates of effect for grants, variations, suspensions or cancellations determined as a result of the section 31 review process:     

If

and

then the date of effect will be

a request is made for a review of a decision regarding :

within 3 months of the original decision

the decision is varied

a date not earlier than the earliest date from which the decision could have taken effect if it had been made by the VRB.    

an application is made, by someone other than the Commission, to the AAT to review a decision about a pension or Attendant Allowance made or affirmed by the VRB

the Commission, with the consent of the applicant reviews and varies the decision

a date not earlier than the earliest date from which the decision could have been varied by the AAT.    

the Commission is satisfied that evidence it considered when it made a decision about a pension or Attendant Allowance was false

the Commission varies the decision

a date before or after the commencement of the review as appropriate to the circumstances.    

the Commission is satisfied that a pension or Attendant Allowance should be cancelled or suspended or is being paid at a higher rate than it should be

the Commission cancels, suspends or decreases the rate of pension or Attendant Allowance

the date of determination or a later day as specified in the determination.    

a determination is made that a pension or Attendant Allowance is to be cancelled, suspended or decreased

the determination is made due to:

  • a misrepresentation or false statement, or
  • refusal or failure of a person to comply with the VEA (other than not complying with obligations under Section 127(4) VEA or Section 128(4) VEA)

a date that may be earlier than the date of the determination.    

the Commission is satisfied that the rate of pension or Attendant Allowance being paid is less than it should be

the Commission increases the rate of pension or Attendant Allowance

the date of determination, or an earlier or later date specified in the determination.    

a person requests a review of a decision not to grant payment in respect to an application for:

  • Clothing Allowance,
  • Funeral Benefits,
  • Decoration Allowance,
  • Victoria Cross Allowance,
  • Recreation Transport, Allowance,
  • Temporary Incapacity Allowance, or
  • Loss of Earnings Allowance,

within 3 months after notice of the decision     

the Commission grants an allowance

a date no earlier than the date from which Commission could have made the decision.    


The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision for the disability pension, war widow's/widower's pension, orphan's pension and attendant allowance.

 

 

According to Section 179 of the VEA, the Commission is a body corporate under the name of Repatriation Commission.

 

 

Administrative Appeals Tribunal.

 

 

The Veterans' Review Board is an independent statutory authority that has the power to review decisions made by the Repatriation Commision for the disability pension, war widow's/widower's pension, orphan's pension and attendant allowance.

 

 

Veterans' Entitlements Act 1986.