Section 31 VEA Review by Commission - pension or Attendant Allowance
Section 115 VEA Review of decision - allowances
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 ART 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 ART.
|
| 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 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:
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.
|