Section 177 — Veterans' Entitlements Act 1986: Effective dates of certain determinations relating to payment of pension or seniors health card

(1) This section is in addition to, and not in substitution for, section 108 of the Administrative Review Tribunal Act 2024 in its application to proceedings for a review by the Administrative Review Tribunal of a reviewable decision. (2) Where the Administrative Review Tribunal, upon application for a review of a decision of the Commission that has been affirmed or varied by a decision of the Board or a decision of the Board made in substitution for a decision of the Commission, grants a pension (not being a service pension or income support supplement) or attendant allowance, or increases the rate at which a pension (not being a service pension or income support supplement) is to be paid, the Tribunal may approve payment of the pension or of attendant allowance, or payment of the pension at the increased rate, as the case may be: (a) if the application is made within 3 months after service on the applicant of a document setting out the terms of that decision of the Board—from a date not earlier than the earliest date as from which the Board could, if it had granted a pension or attendant allowance or increased the rate of the pension, have approved payment of the pension or attendant allowance, or payment of the pension at an increased rate, as the case may be; or (b) in any other case: (i) if the review relates to a claim in accordance with section 14—from a date not more than 6 months before the date on which the application for review by the Tribunal was made; or (ii) if the review relates to an application in accordance with section 15, or to an application for attendant allowance—from the date on which the application for review by the Tribunal was made. (3) Where the Administrative Review Tribunal, on a review of a decision of a kind described in subsection 176(8) or (9), varies or sets aside that decision, the Administrative Review Tribunal may fix, as the date as from which its decision (including any decision made by it in substitution for the decision set aside) is to operate, a date, being: (a) if application for the review was made within 3 months after service on the applicant of a copy of the decision of the Board or the Commission, as the case may be—a date not earlier than the date as from which the decision under review was to operate; or (b) in any other case—a date not earlier than the date on which the application was made to the Administrative Review Tribunal. (4) Where the Administrative Review Tribunal fixes, as the date from which its decision to set aside a decision of the Commission, or of the Board, to cancel a pension is to have operated, a date (in this subsection referred to as the later date) after the date (in this subsection referred to as the earlier date) on which that pension was to be cancelled, that decision to cancel that pension shall, by force of this subsection, have effect, and be deemed to have had effect, as if it had not cancelled that pension but had suspended it from that earlier date until that later date. (5) Where the Administrative Review Tribunal, upon application made under subsection 175(2) for a review of a decision of the Commission under section 57B, grants a pension or increases the rate at which a pension is to be paid, the Tribunal may approve payment of the pension, or payment of the pension at the increased rate, as the case may be: (a) if the application is made within 3 months after the service on the applicant of a document setting out the terms of that decision of the Commission made under section 57B—from a date not earlier than the earliest date as from which the Commission could, if it had, on its review under section 57B, granted a pension or increased the rate of the pension, have approved payment of the pension, or payment of the pension at the increased rate, as the case may be; or (b) in any other case—from the date on which the application under subsection 175(2) was made. (5A) Subject to subsections (5B) and (5C), if the Administrative Review Tribunal, upon application made under subsection 175(2D) for a review of a decision of the Commission under section 118ZU, determines that a person is entitled to a seniors health card, the determination takes effect from a date specified by the Tribunal. (5B) If the application to the Administrative Review Tribunal is made within 3 months after the service on the applicant of a document setting out the terms of the decision of the Commission made under section 118ZU, the date specified by the Tribunal must not be earlier than the date from which, had the Commission determined that the person is entitled to a seniors health card, such a determination could have taken effect. (5C) If subsection (5B) does not apply to a person, the date specified by the Administrative Review Tribunal must not be earlier than the date on which the application under subsection 175(2D) was made. (6) Where the Administrative Review Tribunal, upon application under subsection 175(4) for a review of a decision made by the Commission with respect to an application for an allowance under section 97, 102, 103 or 104, grants the allowance referred to in that section, or increases the rate at which the allowance so referred to is to be paid, the Tribunal may approve payment of the allowance, or of the allowance at the increased rate, as the case may be: (a) if the application was made within 3 months after service on the applicant of a document setting out the terms of that decision—from a date not earlier than the earliest date as from which the Commission could, if it had not made that decision, have approved payment of the allowance, or payment of the allowance at the increased rate, as the case may be; or (b) in any other case—from the date on which the application under subsection 175(4) was made.