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10.1 Review Rights

The offsetting provisions in the VEA are self-executing and there is no discretionary power, either not to apply these provisions or to lessen the amount that is to be offset against future pension entitlements.  The offsetting provisions function by operation of law, therefore there is no right of review by the Veterans' Review Board or the Administrative Appeals Tribunal.  As soon as dual compensation is paid, the amount of pension is deemed to have been reduced by the relevant amount, and the action of DVA officers is to implement a change in payment of a pension that is already deemed to have occurred.  This means there is no decision of the Repatriation Commission and thus no reviewable decision.

Veterans' Entitlements Act 1986.

The Department of Veterans' Affairs.