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Reviews Under Section 31

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What is a section 31 review?

The Commission can review its own decisions on veterans' compensation pensions or attendant allowance under section 31 in the VEA[glossary:.:] This is a relatively quick and informal review process.

When can a section 31 review be requested?

The Commission can review any decision that the VRB or AAT is able to review (with the person's consent in the case of AAT Review), provided that:

  • it is still within the time limits for application for VRB or AAT review, (i.e., within 12 months of a VRB decision for a VRB review of a decision relating to eligibility for a pension and within three months otherwise), or
  • an application has been made to the VRB or AAT for a review, and
  • the VRB or AAT has not yet made a determination.

It is not the usual practice of the Commission to have a matter before the AAT referred back for section 31 review.     

 

When can a section 31 review be made without a request?

The Commission can review decisions under section 31 without a request from the pensioner in certain circumstances. These include:

Section 31 review does not preclude VRB review

Applicants may seek review under both section 31 and from the VRB if they wish to do so. A decision made under section 31 does not remove the right of the applicant to proceed to a VRB hearing on the matter, but in many instances this will be unnecessary. To protect later review rights of the claimant, a VRB application is sought at the same time as the section 31 application.

Section 31 review at the discretion of the Commission

    

 

Whether the Commission conducts a section 31 review is at the Commission's discretion. If the Commission refuses or fails to review a decision under section 31, neither the VRB nor the AAT can review that refusal or failure to review.
 

 

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

 

 

Veterans' Entitlements Act 1986.

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.

 

 

Administrative Appeals Tribunal.

 

 

An accepted condition means an injury or disease that has been determined under the VEA to be war-caused or defence-caused.

 

 

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

 

 

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.