This section outlines the dates of effect of determinations resulting from each of the three levels of reviews - reviews by the Commission [2] (section 31), reviews by the VRB [2], and reviews by the AAT [2].
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.
Administrative Appeals Tribunal.
VEA ? [5]
The following table outlines the dates of effect for grants, variations, suspensions or cancellations determined as a result of the section 31 review process:
More ? [6]
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 [2]. VEA ? [9]
|
an application is made, by someone other than the Commission [2], to the AAT [2] to review a decision about a pension or Attendant Allowance made or affirmed by the VRB [2] |
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 AAT. VEA ? [10] |
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. VEA ? [11] |
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. VEA ? [12]
|
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. VEA ? [15]
|
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. VEA ? [16] |
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 More ? [17] |
the Commission grants an allowance |
a date no earlier than the date from which Commission could have made the decision. VEA ? [18] |
Section 31 [13] VEA Review by Commission - pension or Attendant Allowance
Section 115 [13] VEA Review of decision - allowances
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.
According to Section 179 [3]of the VEA [3], the Commission is a body corporate under the name of Repatriation Commission.
Administrative Appeals Tribunal.
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.
Veterans' Entitlements Act 1986.
VEA ? [36]
The following table outlines the dates of effect for grants, variations, suspensions or cancellations determined as a result of a review by the VRB [2]:
More ? [37]
If |
and |
then date of effect will be |
the VRB reviews a decision with the result of granting a pension or Attendant Allowance |
the application for review was made within 3 months of the Commission [2] decision |
a date not earlier than the day the Commission could have approved payment of the grant. VEA ? [38] |
the application is made at any other time |
no more than 6 months before the date the application for review was received by DVA. VEA ? [39] |
|
the VRB reviews a decision with the result of reducing, suspending or cancelling a pension or Attendant Allowance |
the decision was made by the VRB due to a failure of refusal to comply with the VEA [2] |
the date on which the decision is made or an earlier or later date. VEA ? [40] |
the decision was made for any other reason |
the date of the first available payday occurring after the VRB serves the decision on the Commission. VEA ? [41] |
|
the VRB reviews a decision |
the result of altering the description or nature of the war-caused or defence-caused injury [2] or disease [2] from which a person is suffering |
the date on which the VRB makes its decision, or an earlier or later date being fair and reasonable under the circumstances. VEA ? [42] |
in any other case |
a date not earlier than the earliest date that the decision could have operated if it had been made by the Commission. VEA ? [43] |
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.
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.
According to subsection 5D(1), an injury means any physical or mental injury (including the recurrence of a physical or mental injury) but does not include:
According to subsection 5D(1), disease means:
but does not include:
the normal physiological state, or
the accepted ranges of physiological or biochemical measures,
that results from normal physiological stress (for example, the effect of exercise on blood pressure) or the temporary effect of extraneous agents (for example, alcohol on blood cholesterol levels).
VEA ? [53]
The following table outlines the dates of effect for grants, variations, suspensions or cancellations determined as a result of a review by the AAT [2].
More ? [54]
If |
and |
then the date of effect will be |
the AAT [2] reviews a VRB [2] decision resulting in a grant or increase in pension or Attendant Allowance |
the application was made within 3 months after service on the applicant of a document setting out the VRB decision |
a date no earlier than the date the VRB could have granted or increased the pension or Allowance. VEA ? [55] |
the application was made at any other time |
|
|
the AAT reviews a Commission decision with respect to:
with the result of granting or increasing the allowance More ? [57] |
the application was made within 3 months of after service on the applicant of a document setting out the decision |
a date not earlier than the earliest date from which the Commission could have made or increased the payment. VEA ? [58] |
the application is made at any other time |
the day on which the application was made. VEA ? [59] |
Administrative Appeals Tribunal.
Administrative Appeals Tribunal.
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.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16916%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/16940%23comment-form
[5] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn73
[6] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn74
[7] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn75
[8] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn76
[9] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn77
[10] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn78
[11] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn79
[12] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn80
[13] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[14] clikpopup://DEF/VEA
[15] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn81
[16] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn82
[17] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn83
[18] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn84
[19] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn73
[20] https://clik.dva.gov.au/compensation-and-support-policy-library/part-12-compliance-and-obligations/125-reviews-and-appeals
[21] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn74
[22] https://clik.dva.gov.au/compensation-and-support-policy-library/part-6-veterans-compensation-allowances-and-benefits/62-attendant-allowance
[23] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn75
[24] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims
[25] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn76
[26] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn77
[27] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn78
[28] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn79
[29] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn80
[30] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn81
[31] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn82
[32] https://clik.dva.gov.au/compensation-and-support-policy-library/part-6-veterans-compensation-allowances-and-benefits
[33] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn83
[34] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn84
[35] https://clik.dva.gov.au/user/login?destination=node/16915%23comment-form
[36] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn85
[37] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn86
[38] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn87
[39] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn88
[40] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn89
[41] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn90
[42] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn91
[43] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn92
[44] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn85
[45] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn86
[46] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn87
[47] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn88
[48] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn89
[49] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn90
[50] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn91
[51] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn92
[52] https://clik.dva.gov.au/user/login?destination=node/16953%23comment-form
[53] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn93
[54] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn94
[55] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn95
[56] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn96
[57] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn97
[58] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn98
[59] https://clik.dva.gov.au/book/export/html/16916#tgt-cspol_part11_ftn99
[60] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn93
[61] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn94
[62] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn95
[63] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn96
[64] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn97
[65] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn98
[66] https://clik.dva.gov.au/book/export/html/16916#ref-cspol_part11_ftn99