Reviews Under Section 31

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. 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:

• a manifest error in the date approved by the VRB in its decision substituting a Commission decision,    
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  Section 31(3) VEA

  VEA → (go back)
• a decision the Commission made with evidence before it that was false,    
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  Section 31(4) VEA

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• where the Commission is satisfied that Disability Compensation Payment or attendant allowance should be cancelled, suspended or is higher or less than it should be, and    
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  Section 31(6) VEA

  VEA → (go back)
• where the Commission is satisfied that the rate of pension payable to a veteran is higher than it should be because the degree of incapacity for accepted conditions for war caused injury or disease is less than 10%.    
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  Section 31(6A) VEA

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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.