Section 56C — Veterans' Entitlements Act 1986: Rate increase determination

(1) If the Commission is satisfied that the rate at which a service pension, income support supplement or a veteran payment is being, or has been, paid is less than the rate provided for by this Act, the Commission must, subject to section 56DA, determine that the rate is to be increased to the rate specified in the determination. (2) If: (a) either: (i) a service pension, income support supplement or a veteran payment has not been, or is not being, paid to a person because the rate of the pension, supplement or payment was determined to be nil; or (ii) a service pension, income support supplement or a veteran payment has not been, or is not being, paid to a person because the rate of the pension, supplement or payment was reduced to nil under section 56 or 56A; and (b) the Commission is satisfied that the rate of the person’s pension, supplement or payment as provided for by this Act is no longer nil; the Commission must, subject to section 56DA, determine that the rate at which the pension, supplement or payment is payable to the person is the rate specified in the determination. (3) A determination: (a) must be in writing; and (b) must specify a rate assessed as provided for by this Act; and (c) may be made by the Commission on its own initiative or following a request by the person for an increase in the rate of the pension, supplement or payment. Note: For the date of effect of a determination under this section, see sections 56G and 56GA. (4) If the Commission makes a determination under this section in respect of a person’s service pension, income support supplement or veteran payment, the service pension, income support supplement or veteran payment is payable to the person at the rate specified in the determination.