This section outlines what decisions on income support and veterans' compensation matters may be reviewed by the Commission [2][glossary:,:] and the process of review.
According to Section 179 [3]of the VEA [3], the Commission is a body corporate under the name of Repatriation Commission.
VEA ? [5]
A claimant may seek review of a Commission decision relating to a claim for:
If a request for review contains information that would have caused the delegate [2] to make a different decision initially, had the additional information been available, there is no need to conduct a formal review of the original decision. This can only be done where the:
VEA ? [8]
Persons who have not claimed or who are not in receipt of a pension, may request a review of certain decisions under the VEA [2]. Decisions which may be reviewed are:
Commonwealth Seniors Health Card (CSHC)
Section 118ZS [11] VEA
Attendant Allowance
Section 135(1) [11] VEA
A Delegate of the Commission [2] is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under the VEA [2].
Veterans' Entitlements Act 1986.
The purpose of attendant allowance is to assist eligible Veterans [19], Members of the Forces [20], or a Member of a Peacekeeping Force [21]with the cost of an attendant to help with such things as feeding, bathing, dressing and other activities of daily living. The allowance is paid to the veteran and not the attendant.
To be eligible for attendant allowance the person must be in receipt of a Disability Compensation Payment [2] for Incapacity [22]for a war-caused or defence-caused injury or Disease [23]that severely affects a persons' ability to care for themselves. Attendant allowance is payable at a higher or a lower rate depending on the type of Injury [24]or disease accepted under the Veterans' Entitlements Act.
The CSHC is intended to assist those retirees and other eligible veterans, war widow(er)s and their partners of pension age [2] who fail to qualify for an income support pension from DVA or a pension or benefit from Centrelink. The card entitles the holder to pharmaceuticals listed on the PBS [2] at a concessional rate and seniors supplement [2].
VEA → [26]
The Commission [2] can review its own decisions on veterans' compensation pensions or attendant allowance under section 31 [27] in the VEA [2]. This is a relatively quick and informal review process.
The Commission can review any decision that the VRB [2] or AAT [2] is able to review (with the person's consent in the case of AAT Review), provided that:
It is not the usual practice of the Commission to have a matter before the AAT referred back for section 31 review.
More → [28]
The Commission can review decisions under section 31 without a request from the pensioner in certain circumstances. These include:
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.
VEA → [33]
Whether the Commission [2] 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 [2] nor the AAT can review that refusal or failure to review.
According to Section 179 [3]of the VEA [3], 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 [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] and attendant allowance.
Administrative Appeals Tribunal.
According to Section 179 [3]of the VEA [3], 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 [2] for the Disability Compensation Payment [2], war widow's/widower's pension [2], orphan's pension [2] and attendant allowance.
VEA ? [48]
If a person dies after requesting a review, the review can be processed in the usual manner. However, action must be taken to identify the legal personal representative of the deceased person. The legal personal representative or “approved” person should be served with a notice of the decision, and may take appropriate action that the person could have taken, such as requesting a further review.
VEA ? [49]
If there is no legal personal representative of a deceased appellant, a suitable person will be appointed by the Commission [2] to act on behalf of the deceased.
According to Section 179 [3]of the VEA [3], the Commission is a body corporate under the name of Repatriation Commission.
A person is taken to have been notified of a decision by the Commission [2] when a properly addressed, pre-paid post and posted, letter advising of the decision has been delivered to the claimant. It would be reasonable to allow five working days for delivery of this letter as set out in section 163 of the Evidence Act 1995.
The date of lodgment of an application for review is the date on which the request is received at an office of DVA [2] or an office approved by Commission [2], or by an officer of the Department in the course of duty away from the office.
In the absence of evidence of the date of receipt, it will be deemed to have been received on the day it would ordinarily have been delivered if posted:
If this information is illegible, the date on the letter itself is used.
If a person requests a review after the allowable three months period, the person must be advised that the time to apply for a review of the decision has expired and possible options available.
According to Section 179 [3]of the VEA [3], the Commission is a body corporate under the name of Repatriation Commission.
The Department of Veterans' Affairs.
According to Section 179 [3]of the VEA [3], the Commission is a body corporate under the name of Repatriation Commission.
VEA ? [54]
In reviewing a decision, the Commission [2] or its delegate [2] or an authorised person may, although it is rarely done:
The Commission may not require them to give evidence or produce documents.
VEA ? [55]
That person must also be advised of their right to review by the AAT [2] if appeal rights to the Tribunal are available. An employee of the Department, in writing, will make this service and notification.
In the case of a section 31 review, the decision and statement of reasons must be served on:
VEA ? [56]
In providing a statement of reasons to an applicant, DVA must ensure that it does not contain information that, in the opinion of the Commission:
Information will also be classified as confidential if its author and the Commission agree on its confidentiality.
Information of a medical or psychiatric nature may be withheld from the patient because it may affect the well-being of the person. Access to the document(s) may be given instead to a medical practitioner nominated by the person making the request. The Determining Officer who reviews the case makes the decision regarding the nature and extent of access to such information.
According to Section 179 [3]of the VEA [3], the Commission is a body corporate under the name of Repatriation Commission.
A Delegate of the Commission [2] is a decision-maker who has been delegated authority to exercise the Commission's powers for the administration of pensions under the VEA [2].
Administrative Appeals Tribunal.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16723%23comment-form
[2] https://clik.dva.gov.au/%23
[3] http://clik.dva.gov.au/legislation-library
[4] https://clik.dva.gov.au/user/login?destination=node/16740%23comment-form
[5] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn124
[6] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn125
[7] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn126
[8] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn127
[9] clikpopup://DEF/Attendant Allowance
[10] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn128
[11] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[12] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn124
[13] https://clik.dva.gov.au/compensation-and-support-policy-library/part-8-bereavement-assistance/83-funeral-benefits
[14] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn125
[15] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn126
[16] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn127
[17] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/57-commonwealth-seniors-health-card-cshc
[18] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn128
[19] http://clik/glossary/veteran
[20] http://clik/glossary/member-forces
[21] http://clik/glossary/members-peacekeeping-force
[22] http://clik/glossary/incapacity
[23] http://clik/glossary/disease
[24] http://clik/glossary/injury
[25] https://clik.dva.gov.au/user/login?destination=node/16760%23comment-form
[26] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn129
[27] clik://LEGIS/VEA/section 31
[28] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn130
[29] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn131
[30] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn132
[31] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn133
[32] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn134
[33] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn135
[34] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn129
[35] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals/1253-review-administrative-appeals-tribunal-aat-income-support-matters
[36] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn130
[37] clik://LEGIS/VEA/section 31(3)
[38] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn131
[39] clik://LEGIS/VEA/section 31(4)
[40] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn132
[41] clik://LEGIS/VEA/section 31(6)
[42] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn133
[43] clik://LEGIS/VEA/section 31(6A)
[44] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn134
[45] clik://LEGIS/VEA/section 31(10)
[46] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn135
[47] https://clik.dva.gov.au/user/login?destination=node/16775%23comment-form
[48] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn136
[49] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn137
[50] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn136
[51] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn137
[52] https://clik.dva.gov.au/user/login?destination=node/16745%23comment-form
[53] https://clik.dva.gov.au/user/login?destination=node/16765%23comment-form
[54] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn138
[55] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn139
[56] https://clik.dva.gov.au/book/export/html/16723#tgt-cspol_part12_ftn140
[57] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn138
[58] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn139
[59] https://clik.dva.gov.au/book/export/html/16723#ref-cspol_part12_ftn140