Commonwealth: Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 (Cth)

Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 No. 28, 1986 Compilation No. 11 Compilation date: 1 July 1997 Includes amendments up to: Act No. 157, 1997 Registered: 18 February 2016 About this compilation This compilation This is a compilation of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 that shows the text of the law as amended and in force on 1 July 1997 (the compilation date). This compilation was prepared on 18 February 2016. The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part I—Preliminary 1 Short title 2 Commencement 3 Interpretation Part II—Existing pensions and allowances and provision for treatment 4 Existing pensions, other than service pensions 5 Pensions—re‑marriage or marriage of widow 6 Commutation of certain pensions 7 Assessment of rate of pension 8 Existing service pensions 10 Restrictions on dual pensions 11 Patients in mental hospitals 13 Persons deemed to be in receipt of pensions, &c. 14 Eligibility for treatment under repealed Acts may continue 15 Existing allowances 16 Allowances and other benefits Part III—Claims, applications and reviews 17 Pending Claims 18 Pending reviews by Commission 19 Pending applications to the Board or the Tribunal 20 Reviews of certain decisions made under repealed Acts 21 Retrospective operation of decisions 22 Reasons for decisions Part IV—Miscellaneous transitional provisions 23 Child of a person 24 Certain persons deemed to be domiciled in Australia 25 Reduction in rate of pension 26 Summons 27 Guide to Assessment of Rates of Veterans' Pensions 28 Savings—child living outside Australia 29 Calculation of value of property 30 Pension loan scheme 31 Deprivation of income or property 32A Payments by way of compensation or damages 33 Requests to institute proceedings, &c. 34 Payment of damages to Commonwealth 35 Deductions of overpayments of pension 36 Establishment of hospitals, &c. 37 Recovery of cost of medical treatment 38 Notification of event or change of circumstances 39 Deduction of tax from service pensions 40 Payment of service pension 41 Advances on account of loss of earnings allowance 42 Application of section 120 of Veterans' Entitlements Act to decisions of Commission 43 Application of sections 120 and 139 of Veterans' Entitlements Act to reviews by the Board 44 Application of section 120 of Veterans' Entitlements Act to reviews by Administrative Appeals Tribunal 45 Notice to be given of certain events affecting pensions 46 Savings—children under Soldiers' Children Education Scheme 46A Payment of pension, &c., on death of person 47 Furnishing of information 48 Membership of Board 49 Leave of Absence 50 Membership of Commission 51 Leave of Absence 52 Acting members of the Commission 53 Trusts 54 Trusts in respect of pensions and allowances 55 Recovery of overpayments 56 Arrangements with other countries 57 Pension payable to person suffering from mental incapacity 58 Local Committees 58A Appropriation Part V—Consequential amendments of Acts and Regulations 59 Amendments of Acts 60 Income Tax Regulations Part VI—Transitional provisions relating to consequential amendments 61 Appropriation—transitional 62 Income Tax (Rates) Act 63 Savings—Compensation (Commonwealth Government Employees Act) 64 Transitional—Australian mariners 65 Pensions‑re‑marriage or marriage of widow Schedule Air Accidents (Commonwealth Government Liability) Act 1963 Albury‑Wodonga Development Act 1973 Compensation (Commonwealth Government Employees) Act 1971 Defence Force Discipline Act 1982 Defence Service Homes Act 1918 Health Insurance Act 1973 Income Tax (Rates) Act 1982 National Health Act 1953 Public Service Act 1922 Re‑Establishment and Employment Act 1945 Sales Tax (Exemptions and Classifications) Act 1935 Seamen's War Pensions and Allowances Act 1940 Social Security Act 1947 War Gratuity Act 1945 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to make certain transitional provisions and consequential amendments related to the enactment of the Veterans' Entitlements Act 1986 Part I—Preliminary 1 Short title This Act may be cited as the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986. 2 Commencement (1) Subject to subsection (2), this Act shall come into operation on a day to be fixed by Proclamation. (2) Section 61 shall come into operation on the day on which this Act receives the Royal Assent. 3 Interpretation (1) In this Act, unless the contrary intention appears: Board means the Veterans' Review Board established by section 107VB of the Repatriation Act 1920 and continued in existence by section 134 of the Veterans' Entitlements Act. commencing date means the day fixed by Proclamation under subsection 2(1). Repatriation Act means the Repatriation Act 1920. repealed Act means an Act repealed by subsection 3(1) of the Veterans' Entitlements Act or the provisions of an Act repealed by subsection 3(2) of that Act. Veterans' Entitlements Act means the Veterans' Entitlements Act 1986. (2) In this Act, a reference to a particular section included in Division 1 or Division 5 of Part III of the Repatriation Act shall, unless the contrary intention appears, be read as including a reference to that section in its application by virtue of: (a) Division 5A, 5B, 5C, 5D, 6, 7, 8 or 9 of Part III of the Repatriation Act; (b) the Interim Forces Benefits Act 1947; (c) the Repatriation (Far East Strategic Reserve) Act 1956; or (d) the Repatriation (Special Overseas Service) Act 1962. (3) In this Act, a reference to a particular regulation included in the Repatriation Regulations shall be read as including a reference to that regulation in its application: (a) by virtue of Part XII, XIII or XIV of the Repatriation Regulations; or (b) by virtue of the Interim Forces Benefits Regulations, the Repatriation (Far East Strategic Reserve) Regulations or the Repatriation (Special Overseas Service) Regulations. (4) Unless the contrary intention appears, expressions that are defined for the purposes of the Veterans' Entitlements Act have, when used in this Act, the same respective meanings as they have in the Veterans' Entitlements Act. (5) In this Act, a reference to the repeals effected by subsection 3(1) of the Veterans' Entitlements Act shall be read as including a reference to the repeals effected by subsection 3(2) and Part VI of Schedule 1 of that Act. Part II—Existing pensions and allowances and provision for treatment 4 Existing pensions, other than service pensions (1) In this section, unless the contrary intention appears: (a) pension means pension other than service pension; (b) a reference to a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a member of the Forces within the meaning of: (i) Division 1, 6, 7, 8 or 9 of Part III of the Repatriation Act; (ii) the Repatriation (Far East Strategic Reserve) Act 1956; or (iii) the Repatriation (Special Overseas Service) Act 1962; and as including a reference to: (iv) a member of the Interim Forces within the meaning of the Interim Forces Benefits Act 1947; and (v) a person the incapacity or death of whom is deemed, by section 7A of the Repatriation (Special Overseas Service) Act 1962, to have resulted from an occurrence that happened during a period of special service of the person as a member of the Forces; (c) a reference to a dependant of a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a person who is, within the meaning of the Division or Act specified in paragraph (b) that is applicable to that member, a dependant of that member, including, but without limiting the generality of the foregoing, a person to whom a pension was, immediately before the commencing date, payable under section 44 of the Repatriation Act; and (d) widow has the same meaning as in section 5E of the Veterans' Entitlements Act. (2) Where a person who was a member of the Forces was, immediately before the commencing date, in receipt of a pension under a repealed Act in respect of incapacity from an injury suffered, or disease contracted, by the person, the Veterans' Entitlements Act applies to and in relation to the person as if: (a) that pension had been granted to the person under Part II of the Veterans' Entitlements Act; (b) that person had been determined, under the Veterans' Entitlements Act, to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act; and (c) that injury had been determined, under the Veterans' Entitlements Act, to be a war‑caused injury, or that disease had been so determined to be a war‑caused disease, as the case may be. (3) Where a person who was a dependant of a deceased member of the Forces, being a person who was the widow or a child of that member of the Forces, was, immediately before the commencing date, in receipt of a pension under a repealed Act in respect of the death of that member of the Forces, the Veterans' Entitlements Act applies to and in relation to the person as if: (a) that pension had been granted to the person under Part II of the Veterans' Entitlements Act; (b) the person had been determined, under the Veterans' Entitlements Act, to be a dependant of a deceased veteran; and (c) the death of that member of the Forces had been determined, under the Veterans' Entitlements Act, to be war‑caused. (4) Where a person who was a member of the Forces, or a member of a Peacekeeping Force, as defined by section 107J of the Repatriation Act was, immediately before the commencing date, in receipt of a pension under that Act in respect of an injury suffered, or disease contracted, by the person, the Veterans' Entitlements Act applies to and in relation to the person as if: (a) that pension had been granted to the person under Part IV of the Veterans' Entitlements Act; (b) that person had been determined, under the Veterans' Entitlements Act, to be a member of the Forces, or a member of a Peacekeeping Force, as the case may be, as defined by subsection 68(1) of that Act; and (c) that injury had been determined, under the Veterans' Entitlements Act, to be a defence‑caused injury or that disease had been so determined to be a defence‑caused disease, as the case may be. (5) Where a person who was a dependant of a deceased member of the Forces, or of a deceased member of a Peacekeeping Force, as defined by section 107J of the Repatriation Act, being a person who was the widow or a child of that deceased member, was, immediately before the commencing date, in receipt of a pension under that Act in respect of the death of that member, the Veterans' Entitlements Act applies to and in relation to that person as if: (a) that pension had been granted to the person under Part IV of the Veterans' Entitlements Act; (b) that person had been determined, under the Veterans' Entitlements Act, to be a dependant of a deceased member of the Forces, or of a deceased member of a Peacekeeping Force, as the case may be; and (c) the death of that member of the Forces, or of that member of a Peacekeeping Force, as the case may be, had been determined, under the Veterans' Entitlements Act, to be defence‑caused. (6) Subject to section 6 of this Act, where a person was, immediately before the commencing date, in receipt of a pension under a repealed Act by virtue of the operation of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, that pension continues to be payable to the person under and in accordance with the provisions of the repealed Acts as if those Acts had not been repealed by the Veterans' Entitlements Act and the amendments and repeals referred to in that subsection had not been made, and, without limiting the generality of the foregoing but subject to subsections (7) and (8) of this section, action by way of: (a) reviewing a decision with respect to that pension whether made before, on or after the commencing date; (b) re-assessing the rate of that pension; or (c) suspending or cancelling that pension; may be taken in accordance with the provisions of the repealed Acts as if they had not been repealed and the amendments and repeals previously referred to had not been made. (7) Where a pension is payable by virtue of subsection (6), the rate at which it is payable is, subject to subsections (7A) and (8), the rate at which it was payable immediately before the commencing date. (7A) Where a pension is payable by virtue of subsection (6) and, immediately before the commencing date, the pension was payable at a rate that had been reduced, but had not been reduced to nil, in consequence of the operation of section 107R of the Repatriation Act, the rate at which that pension is payable is: (a) subject to paragraph (b) of this subsection, the rate at which, immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, that pension would have been payable but for the operation of section 107R of the Repatriation Act; or (b) if that section did not then apply to the rate of that pension, the rate at which, immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, that pension was payable; reduced to the extent (if any) required from time to time by reason of the operation of section 107R of the Repatriation Act. (8) Subsections (7) and (7A), and paragraph (8B)(b), do not apply to a pension the rate of which was, immediately before the commencing date, fixed by reference to the provisions of the Social Security Act 1947. (8A) Subsection (8B) applies to a pension that had been granted to a person as a dependant of a member of the Forces or of a member of a Peacekeeping Force before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985 if, immediately before the commencing date, the dependant would have been in receipt of that pension but for the fact that the rate of that pension had been reduced to nil, whether before or after the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, in consequence of the operation of section 107R of the Repatriation Act. (8B) Where this subsection applies to a pension, then, notwithstanding the repeals effected by subsection 3(1) of the Veterans' Entitlements Act: (a) that pension continues to be payable under and in accordance with the provisions of the Repatriation Act as if the amendments and repeals referred to in subsection 66(2) of the Repatriation Legislation Amendment Act 1985 had not been made; (b) the rate at which the pension is so payable shall not exceed: (i) except where subparagraph (ii) applies—the rate at which that pension was payable immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985; or (ii) if, immediately before the commencement of subsection 66(2) of the Repatriation Legislation Amendment Act 1985, the rate of that pension had been reduced (including reduced to nil) by reason of the operation of section 107R of the Repatriation Act - the rate at which that pension would, immediately before the commencement of that subsection, have been payable but for the operation of section 107R of the Repatriation Act; reduced to the extent (if any) required from time to time by reason of the operation of section 107R of the Repatriation Act; and (c) without limiting the generality of the foregoing, action by way of: (i) reviewing a decision with respect to that pension whether made before, on or after the commencing date; (ii) reassessing the rate of that pension; or (iii) suspending or cancelling that pension; may be taken in accordance with the provision of the Repatriation Act as if they had not been repealed and the amendments and repeals referred to in subsection 66(2) of the Repatriation Legislation Amendment Act 1985 had not been made. (8C) The Veterans' Review Board continued in existence by section 134 of the Veterans' Entitlements Act 1986 continues, notwithstanding the repeals effected by section 3 of that Act, to have, in relation to decisions made under the repealed Acts with respect to pensions to which subsection (6) or (8B) of this section applies, all the powers, and may exercise the jurisdiction, conferred on it by the repealed Acts. (9) Where: (a) a pension had been granted to a person under a repealed Act from a date before 1 November 1978 in respect of incapacity caused by pulmonary tuberculosis; and (b) that pension continues to be payable to the person on and after the commencing date as if it had been granted under the Veterans' Entitlements Act; the rate of that pension shall not be less than the general rate. (10) Where: (a) a veteran dies on or after the commencing date; (b) the widow of the veteran does not become eligible, by reason of the death of the veteran, to receive a pension under Part II of the Veterans' Entitlements Act; and (c) the widow continues, after the death of a veteran, to be paid a pension by virtue of subsection (6) of this section as the widow of the veteran; the widow shall, forthwith after she re‑marries or marries, notify the Secretary, in writing, that she has married or re‑married and the date of the marriage or re‑marriage. Penalty: $1,000 or imprisonment for 6 months, or both. (11) Where, before the commencing date: (a) a claim had been made by a member of the Forces for a pension under a repealed Act; and (b) a decision had been made under the repealed Act in respect of the claim: (i) granting a pension to the member in respect of incapacity from an injury or disease, but assessing the rate of that pension at a nil rate; or (ii) determining, expressly or by necessary implication, that the member was eligible to be granted a pension in respect of incapacity from an injury or a disease, or both, but refusing to grant a pension to the member on the ground that the extent of the incapacity of the member from that injury or disease, or both, was insufficient to justify the grant of a pension; the Veterans' Entitlements Act applies to and in relation to that member as if that injury had been determined under that Act to be a war-caused injury or that disease had been so determined to be a war-caused disease, as the case requires. (12) Subsection (11) applies to a member of the Forces, or a member of a Peacekeeping Force, as defined by section 107J of the Repatriation Act as if: (a) a reference in that subsection to a member of the Forces were read as a reference to a member of the Forces, or a member of a Peacekeeping Force, as so defined; (b) a reference in that subsection to a war‑caused injury were read as a reference to a defence‑caused injury; and (c) a reference in that subsection to a war‑caused disease were read as a reference to a defence‑caused disease. 5 Pensions—re‑marriage or marriage of widow (1) Where: (a) a person, being the widow of a deceased member of the Forces, has re‑married or married after 28 May 1984 and before the commencing date; and (b) the person was, immediately before her re‑marriage or marriage, in receipt of a pension under a repealed Act as a dependant of the member; notwithstanding the provisions of the repealed Act, the pension, and any domestic allowance payable to her under regulation 176D of the Repatriation Regulations, shall be deemed not to have ceased to be payable to her by reason of her re‑marriage or marriage and, subject to subsection (2) of this section: (c) instalments of that pension, and that allowance (if payable), shall be paid to her under the Veterans' Entitlements Act, but in accordance with the provisions of the repealed Act and of the Repatriation Regulations (if applicable), in respect of the period commencing on the date of her re‑marriage or marriage and ending on the date immediately preceding the commencing date; and (b) subsection 4(3) of this Act applies to and in relation to that pension as if it had not ceased to be payable to her upon her re‑marriage or marriage. (2) Where instalments of pension become payable to a person by reason of the application of subsection (1); (a) if the person has been paid a gratuity before the commencing date under section 40A of the Repatriation Act, an amount equal to the amount of that gratuity shall be deducted from the instalments of pension that so become payable; (b) if the person has not been paid a gratuity under section 40A of the Repatriation Act—that gratuity shall be deemed not to be payable to the person; (ba) if the person was, immediately before the commencement of this paragraph, in receipt of a pension under a repealed Act by virtue of subsection 4(6) of this Act—that pension ceases to be payable to the person on the commencement of this paragraph; and (c) subsection 205(3) of the Veterans' Entitlements Act applies as if the pension that is to be deemed by subsection (1) of this section not to have ceased to be payable were a new pension that became payable to the person under the Veterans' Entitlements Act upon the commencing date in respect of the period commencing on the date of the marriage or re‑marriage and ending immediately before the commencing date. (3) Where: (a) a person, being the widow of a deceased member of the Forces, makes a claim for a pension as a dependant of the member, or for a gratuity under section 40A of the Repatriation Act, within 12 months after her re‑marriage or marriage; and (b) a pension would have been granted to her if her claim had been determined before her marriage or re‑marriage; the person shall be deemed, for the purposes of subsection (1) of this section, to have been in receipt of that pension immediately before her re‑marriage or marriage. (4) In this section; (a) member of the Forces means; (i) a member of the Forces within the meaning of section 4; or (ii) a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of the Veterans' Entitlements Act; (b) pension means pension (other than service pension) payable under a repealed Act in respect of the death of a member of the Forces; and (c) widow has the same meaning as it has in the Veterans' Entitlements Act. 6 Commutation of certain pensions (1) This section applies to a person to whom a pension to which subsection 4(7) applies continues to be payable by virtue of subsection 4(6) (2) Within the period of 6 months commencing on and including the commencing date, a person to whom this section applies may elect to commute to a lump sum payment calculated in accordance with this section payments of that pension payable after the last pension pay‑day in that period. (3) Where a pension ceases to be payable by virtue of subsection 4(6) to a person to whom this section applies on or before the last pension pay‑day in the period referred to in subsection (2), any election made by the person under subsection (2) is void and of no effect. (4) Where a person to whom this section applies makes an election under subsection (2) (not being an election that is void by reason of subsection (3)): (a) the pension payable to the person by virtue of subsection 4(6) shall, by force of this section, be cancelled immediately after the last pension pay‑day in the period referred to in subsection (2); and (b) there is payable to the person a single lump sum payment equal to the aggregate of 78 fortnightly instalments of that pension at the rate at which instalments were payable immediately before the pension is so cancelled. (5) An election under subsection (2): (a) shall be in writing and in accordance with a form approved by the Commission; (b) shall be made by forwarding the election to, or delivering the election at, an office of the Department in Australia; and (c) may be made by the pensioner or by any other person who would, if the election were a claim for a pension for the pensioner as the dependant of a veteran, be entitled under section 16 of the Veterans' Entitlements Act, to make the election on behalf of the pensioner. 7 Assessment of rate of pension (1) Where, after the commencing date: (a) approval is given by the Commission, the Board, or the Administrative Appeals Tribunal for payment of a pension, or for payment of a pension at a higher or lower rate, to be made from a date before the commencing date; or (b) the Commission, the Board or the Administrative Appeals Tribunal is reviewing the rate at which a pension was payable before the commencing date; the rate at which that pension may be paid at any time before the commencing date shall be assessed by reference to the rate or maximum rate in the repealed Acts as in force at that time that corresponds with the appropriate rate in the Veterans' Entitlements Act. but otherwise in accordance with the provisions of the Veterans' Entitlements Act and the principles applicable under that Act. (2) Subsection (3) applies to a pension to which Part II of the Veterans' Entitlements Act applies by virtue of subsection 4(2) or 4(4) of this Act. (3) The Commission, the Board or the Administrative Appeals Tribunal shall not, in the course of re‑assessing the rate at which a pension to which this subsection applies, determine, as the degree of incapacity of the person to whom that pension is payable, a percentage that is less than the percentage of the maximum general rate of pension constituted by the rate at which that pension was, immediately before the commencing date, paid unless the Commission, the Board or the Administrative Appeals Tribunal as the case may be, is satisfied: (a) that the incapacity of that person has decreased since the rate of that pension was previously assessed or last assessed; or (b) that the previous assessment or last assessment would not have been made but for a false statement or misrepresentation of a person. 8 Existing service pensions (1) Where a person who was a member of the Forces was, immediately before the commencing date, in receipt of a service pension under a repealed Act, the Veterans' Entitlements Act applies to and in relation to the person as if: (a) that service pension had been granted to the person under Part III of the Veterans' Entitlements Act; and (b) that person had been determined, under the Veterans' Entitlements Act, to be a veteran as defined by paragraph (a) or (b) of the definition of veteran in subsection 5C(1). (2) Where a person was, immediately before the commencing date, in receipt of a service pension under a repealed Act by reason that the person was the partner or non-illness separated wife of a member of the Forces or the widow of a deceased member of the Forces, the Veterans' Entitlements Act applies to and in relation to the person as if: (a) that service pension were a wife service pension that had been granted to the person under Part III of the Veterans' Entitlements Act; and (b) that member of the Forces had been determined, under the Veterans' Entitlements Act, to be a veteran as defined by paragraph (a) or (b) of the definition of veteran in subsection 5C(1). (3) Where a person was, immediately before the commencing date, in receipt of a service pension under section 85AA of the Repatriation Act (including that section in its application by virtue of Division 5A, 5B, 5C, 5D, 6, 7, 8 or 9 of Part III of that Act or of subsection 7(2) of the Repatriation (Special Overseas Service) Act 1962), the Veterans' Entitlements Act applies to and in relation to the person as if that service pension were a carer service pension that had been granted to the person under Part III of the Veterans' Entitlements Act. (4) In this section, unless the contrary intention appears: (a) a reference to a member of the Forces (including a deceased member of the Forces) shall be read as a reference to a member of the Forces within the meaning of: (i) Division 5, 6, 7, 8 or 9 of Part III of the Repatriation Act; or (ii) the Repatriation (Special Overseas Service) Act 1962; and as including a reference to a person who was: (iii) a member of the Forces of a Commonwealth country within the meaning of Division 5A of Part III of the Repatriation Act; (iv) a member of the Forces of an allied country within the meaning of Division 5B of Part III of the Repatriation Act; (v) an Australian mariner who has served in a theatre of war within the meaning of Division 5C of Part III of the Repatriation Act; (vi) a Commonwealth mariner, or an allied mariner, within the meaning of Division 5D of Part III of the Repatriation Act; or (vii) a person to whom Division 6, 7, 8 or 9 of Part III extends by virtue of section 102, 107, 107D or 107G, as the case requires, of the Repatriation Act; (b) partner, non-illness separated wife and widow have the same meanings as in section 5E of the Veterans' Entitlements Act; and 10 Restrictions on dual pensions (1) Where a service pension, a pension under Part IV of the Social Security Act 1947 or a social security widow's pension, that was being paid immediately before the commencement of section 9 of the Repatriation Act 1973 continued, by virtue of subsection 9(2) of the Repatriation Act 1973 to be payable immediately before the commencing date, that pension continues, subject to this section, to be payable on and after that date but, unless that pension is payable by reason that the pensioner was suffering from pulmonary tuberculosis, the rate of that pension shall not, at any time, exceed the rate at which it was being paid immediately before the day on which the Social Services Act 1973 received the Royal Assent. (2) Where a service pension continues to be payable by virtue of subsection (1), the Veterans' Entitlements Act, other than sections 36C, 37C, 38C and 39C of that Act, applies, subject to this section, as if it were a service pension granted under that Act. (3) Where: (a) a person is entitled to receive a service pension under the Veterans' Entitlements Act; and (b) a pension under Part IV of the Social Security Act 1947 or a social security widow's pension is payable to the person by virtue of subsection (1) of this section; the pension referred to in paragraph (b), ceases to be payable to the person upon the person ceasing to be entitled to receive that service pension. (4) Where: (a) a person is entitled to receive an age, disability support, wife or carer payment under the Social Security Act 1991; and (b) a service pension is payable to the person under the Veterans' Entitlements Act by virtue of subsection (1) of this section; that service pension ceases to be payable to the person upon the person ceasing to be entitled to receive the pension referred to in paragraph (a). (5) Where a provision of the Social Security Act 1991 contains a reference to income in relation to a person, then, in the application of that provision to a person to whom a service pension continues to be payable by virtue of subsection (1), that pension shall, notwithstanding anything to the contrary contained in that Act, be taken to be income of the person. (6) Where a provision of the Veterans' Entitlements Act contains a reference to income in relation to a person, then, in the application of that provision to a person to whom a pension under Part IV of the Social Security Act 1947 or a social security widow's pension continues to be payable by virtue of subsection (1), that pension shall, notwithstanding anything to the contrary contained in the Veterans' Entitlements Act, be taken to be income of the person. (7) In this section: social security widow's pension means a pension payable to a woman who had been dependent upon, or living with, a man before the man's death, under: (a) Part IV of the Social Security Act 1947 as in force before 2 July 1987; or (b) Part V of the Social Security Act 1947 as in force between 2 July 1987 and 28 February 1989 (inclusive); or (c) Part VI or Schedule 1B of the Social Security Act 1947 as in force between 1 March 1989 and 30 June 1991 (inclusive); or (d) Part 2.7 (widowed person allowance) or Part 2.8 (widow B pension) as in force on and after 1 July 1991. 11 Patients in mental hospitals (1) Subject to subsection (2), where a person who was, on 31 October 1980, a mental hospital patient for the purposes of section 94B of the Repatriation Act as in force at any time before 1 November 1980 ceases, on or after the commencing date, to be a mental hospital patient (otherwise than by reason of death), the person is entitled, in respect of each day in the prescribed period in respect of which a part of the person's service pension was suspended under that section, to payment of that part of that pension that was so suspended. (2) Subsection (1) does not apply to a person who has ceased, on or after 1 November 1980 and before the commencing date, to be a mental hospital patient. (3) In subsection (1), the prescribed period in relation to a mental hospital patient means: (a) where the period commencing on, and including, the day on which he or she commenced to be an inmate of a mental hospital and ending on, but not including 31 October 1980, was less than 84 days—that period; or (b) in any other case—the period consisting of the last 84 days of the period commencing on, and including, the day on which he or she commenced to be such an inmate and ending on, but not including, 31 October 1980. (4) Where a person had commenced to be an inmate of a mental hospital on 2 or more occasions before 1 November 1980, subsection (3) applies in relation to the person as if a reference to the day on which he or she commenced to be such an inmate were a reference to the day on which he or she last commenced to be such an inmate. (5) For the purposes of this section, where a mental hospital patient has been absent from the mental hospital for a continuous period of 4 weeks or more, the patient shall be deemed to have ceased to be a mental hospital patient at the expiration of the period of 4 weeks commencing on the commencement of that absence. 13 Persons deemed to be in receipt of pensions, &c. (1) Where, before the commencing date, a person had been granted: (a) a pension of a kind referred to in subsection 4(2), (3), (4), (5) or (6); or (b) a service pension (including remote area allowance and rent assistance) of a kind referred to in subsection 8(1), (2) or (3); but the person had not been paid any instalments of that pension or service pension before that date or that pension or service pension was suspended immediately before that date, the person shall be deemed to have been in receipt of that pension or service pension immediately before that date for the purpose of the application of that subsection to and in relation to the person. (2) Where the pension or service pension referred to in subsection (1) was suspended immediately before the commencing date, the decision to suspend the pension or service pension has effect on and after that date as if it had been made under subsection 31(6) or section 56E, as the case requires, of the Veterans' Entitlements Act. (3) Where, before the commencing date, a person had been granted an allowance of a kind described in column 1 of the Table in section 15, but the person had not been paid any instalments of that allowance before that date, or the allowance was not payable immediately before that date by reason of the operation of subregulation 180(4) or (5) or 180AAA(3) of the Repatriation Regulations, subregulation 62(4) or (5) of the Repatriation (Far East Strategic Reserve) Regulations or subregulation 62(4) or (5) of the Repatriation (Special Overseas Service) Regulations, the person shall be deemed to have been in receipt of that allowance immediately before that date for the purpose of the application of that section to and in relation to the person. 14 Eligibility for treatment under repealed Acts may continue (1) An approval given by the Commission before the commencing date under a repealed Act for the provision of any treatment for a person, being an approval that had not been revoked before that date, continues in force on and after that date as if it were an approval given under Part V of the Veterans' Entitlements Act. (2) The date from which a person is eligible to be provided with treatment under Part V of the Veterans' Entitlements Act may be a date before the commencing date, but a person shall not be provided with any treatment both under that Act and under a repealed Act. (3) The power of the Commission under Part V of the Veterans' Entitlements Act to approve treatment after the treatment has been provided extends to approving treatment that was provided before the commencing date, being treatment that had not been duly provided under a repealed Act. (4) For the purpose of the application of the Veterans' Entitlements Act in accordance with subsections (1), (2) and (3) of this section: (a) an application to be provided with treatment made under a repealed Act and not determined before the commencing date shall be determined on or after that date as if it had been made under the Veterans' Entitlements Act; and (b) any determination made, or other act or thing done, by the Commission before the commencing date that affected, or was capable of affecting, the eligibility or right of a person to be provided with treatment under a repealed Act has effect, on and after that date, as if made or done under the Veterans' Entitlements Act for the purpose of determining the eligibility or right of that person to be provided with treatment under Part V of the Veterans' Entitlements Act. (5) Subject to subsection (6), where a person, being: (a) the widowed mother or the widowed step‑mother of an member of the Forces who died before the commencing date and was neither legally married nor a member of a couple immediately before death; or (b) a person who is in receipt of a pension that continues to be payable by virtue of subsection 4(6), being a pension that became payable to the person by reason that the person was a child of a deceased member of the Forces; was, by virtue of a determination or decision in force under a prescribed regulation immediately before that date, eligible to be provided with medical treatment under the Repatriation Regulations, the person is eligible to be provided with treatment under Part V of the Veterans' Entitlements Act, on and after the commencing date, for any injury suffered, or disease contracted, by the person as if: (a) the member of the Forces had been determined, under the Veterans' Entitlements Act, to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act; (b) the person was a dependant of that veteran for the purposes of subsection 86(1) of the Veterans' Entitlements Act; and (c) a determination under that Act were in force determining that the death of that veteran was war‑caused. (6) A widowed mother, or a widowed step‑mother, of a member of the Forces who has re‑married after the death of the member (whether before, on or after the commencing date), is not eligible to be provided with treatment under Part V of the Veterans' Entitlements Act by virtue of subsection (5) of this section at any time after her re‑marriage or marriage. (7) For the purpose of subsection (5), each of the following regulations is a prescribed regulation: (a) regulation 73 of the Repatriation Regulations; (b) regulation 38 of the Repatriation (Far East Strategic Reserve) Regulations; and (c) regulation 38 of the Repatriation (Special Overseas Service) Regulations. (8) In subsections (5) and (6): child, in relation to a deceased member of the Forces, includes a person who, after the termination of the pension granted to the person under a repealed Act as the child of a member of the Forces has been granted a further pension under subsection 39(4) or 46A(1) of the Repatriation Act. widowed mother, in relation to a deceased member of the Forces means a widowed person: (a) who is the mother of the member; or (b) if the member was born out of wedlock—who is the woman by whom the member was brought up; being a person who became a widow prior to, or within 3 years after, the death of the member, and includes the unmarried mother of the member by whom the member was brought up. widowed step‑mother, in relation to a deceased member of the Forces, means a widowed step‑mother of the member who became a widow prior to, or within 3 years after, the death of the member. (9) Where a person who was a member of the Forces was, immediately before the commencing date, eligible to be provided with medical treatment for venereal disease contracted during war service, by virtue of a determination or decision in force under a prescribed regulation, the person is eligible to be provided with treatment under Part V of the Veterans' Entitlements Act for that disease from and including the commencing date as if: (a) a determination under that Act were in force determining that venereal disease was a war‑caused disease from which the person was suffering; and (b) the person had been determined, under the Veterans' Entitlements Act, to be a veteran as defined by paragraph (a) of the definition of veteran in subsection 5C(1) of that Act. (10) For the purposes of subsection (9), each of the following regulations is a prescribed regulation: (a) regulation 65 of the Repatriation Regulations; and (b) regulation 6 of the Interim Forces Benefits Regulations. (11) Where: (a) a person was, immediately before 25 November 1976, a service pensioner eligible to be provided with treatment under regulation 66 of the Repatriation Regulations; (b) the person ceased, on that date, to be a service pensioner by reason only that the person was, on that date, a prescribed person within the meaning of section 123AB of the Repatriation Act; and (c) the person has been such a prescribed person continuously from that date to and including the date immediately preceding the commencing date; Part V of the Veterans' Entitlements Act applies to the person as if the person were eligible to be provided with treatment under subsection 85(5) of that Act until the person ceases to be a prescribed person for the purposes of that Part or the rate of the person's income exceeds the annual rate of the person's income on 25 November 1976, whichever first occurs. 15 Existing allowances (1) Where a person was, immediately before the commencing date, in receipt of an allowance of a kind described in column 1 of the following table, that allowance continues to be payable to the person, on and after that date, under the provisions of the Veterans' Entitlements Act specified in column 2 of that table opposite to the description in column 1 as if it had been granted by the Commission under that last‑mentioned provision, but subject to the provisions of the Veterans' Entitlements Act: Column 1 Column 2 Description of allowance Provision of Veterans' Entitlements Act Clothing allowance under: Section 97 (a) regulation 180A of Repatriation Regulations; (b) regulation 63 of Repatriation (Far East Strategic Reserve) Regulations; or (c) regulation 63 of Repatriation (Special Overseas Service) Regulations. Attendant allowance under: Section 98 (a) Schedule 2 to the Repatriation Act; or (b) Schedule 5 to the Repatriation Act. Decoration allowance under: Section 102 (a) regulation 180 of Repatriation Regulations; (b) regulation 62 of Repatriation (Far East Strategic Reserve) Regulations; or (c) regulation 62 of Repatriation (Special Overseas Service) Regulations. Victoria Cross allowance under: Section 103 (a) regulation 180AA of Repatriation Regulations; (b) regulation 62A of Repatriation (Far East Strategic Reserve) Regulations; or (c) regulation 62A of Repatriation (Special Overseas Service) Regulations. Recreation transport allowance under: Section 104 (a) regulation 104A of Repatriation Regulations; (b) regulations 51 and 52 of Repatriation (Far East Strategic Reserve) Regulations; or (c) regulations 51 and 52 of Repatriation (Special Overseas Service) Regulations. Temporary incapacity allowance under regulation 72A of Repatriation Regulations. Section 107 Loss of earnings allowance under regulation 71 of Repatriation Regulations. Section 108 (2) An allowance that continues to be payable by virtue of subsection (1) is payable at the rate at which it was paid immediately before the commencing date until that rate is varied under the Veterans' Entitlements Act. (3) Nothing in subsection (2) shall be taken to prevent the rate at which an allowance is payable being varied as from a date before the date on which the decision to vary the rate is made, being a date not earlier than the commencing date. (4) For the purpose of applying subsection (1) in respect of clothing allowance or recreation transport allowance, a decision of a Deputy Commissioner shall have effect, on and after the commencing date, as if it were a decision of the Commission. 16 Allowances and other benefits (1) Subject to this section, the provisions of Part VI of the Veterans' Entitlements Act extend to the grant of an allowance or other benefit under that Part in respect of a period before the commencing date or of an event that occurred before the commencing date. (2) An allowance or other benefit shall not be granted under Part VI of the Veterans' Entitlements Act in respect of a period before the commencing date or in respect of an event that occurred before the commencing date if, before the commencing date, a corresponding allowance or benefit had been granted under a repealed Act in respect of that period or event. (3) Subject to subsection (2) of this section, section 100 of the Veterans' Entitlements Act extends to a person who is the widowed mother or the widowed step-mother of an unmarried member of the Forces, being a member who died before the commencing date, as if she were a dependant of a deceased veteran. (4) Subsection (3) does not apply to a widowed mother, or a widowed step‑mother, of a member of the Forces who has re‑married, whether before, on or after the commencing date, at any time after her re‑marriage. (5) Where, immediately before the commencing date: (a) a person was a pensioner as defined by regulation 179A of the Repatriation Regulations; or (b) a person was a person in receipt of an age or invalid pension or a wife's pension or a widow's pension within the meaning of subregulation 179A(5) of the Repatriation Regulations; for the purposes of that regulation by reason only of the operation of subsection 25(2) or (3) of the Repatriation Acts Amendment Act (No. 2) 1985, the person shall be deemed to be a service pensioner or to be in receipt of an age pension, an invalid pension, a wife's pension or a widow's pension, as the case may be, for the purposes of section 101 of the Veterans' Entitlements Act on and after the commencing date until the person ceases to be a prescribed person for the purposes of Part V of the Veterans' Entitlements Act or the annual rate of the person's income exceeds the annual rate of the person's income on 25 November 1976, whichever first occurs. (6) Paragraph 132(11)(c) of the Veterans' Entitlements Act does not apply to or in relation to travelling expenses in respect of travel that was completed before the commencing date. (7) Section 112 of the Veterans' Entitlements Act does not apply to or in relation to an application for: (a) temporary incapacity allowance or loss of earnings allowance in respect of a period before the commencing date; or (b) travelling expenses in respect of travel that was completed before the commencing date. (8) Section 113 of the Veterans' Entitlements Act does not apply to or in relation to the funeral of a person that occurred before the commencing date. (9) Upon the approval of the Vehicle Assistance Scheme under section 105 of the Veterans' Entitlements Act, a motor vehicle made available, before the approval of that Scheme, to a veteran who is eligible to participate in that Scheme, being a vehicle that was made available to the veteran under the Scheme known as the gift car scheme and that was in the possession of the veteran immediately before that approval was given, shall be deemed to have been made available to the veteran under the Vehicle Assistance Scheme. (10) Subject to this section, on and after the commencing date, an allowance or other pecuniary benefit paid or payable under a repealed Act in respect of a period ending before that date may be reviewed, having regard to information received by the Commission either before, on or after that date, as if it had been granted under Part VI of the Veterans' Entitlements Act. (10A) Subsection (10) does not authorise the making of a request under section 115 of the Veterans' Entitlements Act in respect of a decision of the Commission made before the commencing date. (11) Where, after the commencing date: (a) an allowance or other pecuniary benefit is granted under Part VI of the Veterans' Entitlements Act in respect of a period before the commencing date or of an event that occurred before that date; or (b) the amount or rate of an allowance or other pecuniary benefit in respect of such a period or event is being determined or reviewed; the amount or rate of that benefit or allowance in respect of any time before the commencing date shall be determined by reference to the relevant provisions of the repealed Acts as in force at that time, but otherwise in accordance with the provisions of the Veterans' Entitlements Act. Part III—Claims, applications and reviews 17 Pending Claims (1) Where: (a) a claim for a pension, not being a service pension; (b) an application for such a pension or for an increase in the rate of such a pension; (c) a claim for a service pension (including remote area allowance and rent assistance); or (d) an application for an allowance or other benefit of a kind to which Division 2 of Part VI of the Veterans' Entitlements Act applies; had been received at an address of the Department before the commencing date but had not been determined before that date, the claim or application shall be dealt with and determined under the Veterans' Entitlements Act as if it had been made under that Act. (2) For the purposes of the application of subsection (1) in relation to a claim or application: (a) a claim that was in accordance with a form approved by the Commission for the purposes of subsection 25(1) of the Repatriation Act shall be deemed to be in accordance with a form approved by the Commission for the purposes of subsection 14(3) of the Veterans' Entitlements Act; (b) an application that was in accordance with a form approved by the Commission for the purposes of subsection 26(3) of the Repatriation Act shall be deemed to be in accordance with a form approved by the Commission for the purposes of subsection 15 (3) of the Veterans' Entitlements Act; (c) a claim that was in accordance with a form approved by the Commission for the purposes of section 88 of the Repatriation Act shall be deemed to be in accordance with a form approved by the Commission for the purposes of subsection 43(1) of the Veterans' Entitlements Act; (d) an application that was duly made for the purposes of whichever of the prescribed regulations was applicable shall be deemed to be in accordance with a form approved by the Commission for the purposes of subsection 111(2) of the Veterans' Entitlements Act; and (e) an approval given, investigation carried out, decision made or act or thing done for the purposes of, or in connection with, the claim or application before the commencing date shall, by force of this section, have the force and effect, on and after that date, for the purposes of consideration and determination of the claim or application under the Veterans' Entitlements Act, that it would have if that Act had been in operation when it was given, carried out, made or done and it had been given, carried out, made or done under, and for the purposes of consideration and determination of the claim or application under, that Act. (3) Subsection (1) does not apply to a claim or application that had been received at an address of the Department before the commencing date but was, before that date, deemed, by force of subsection 29A(4) or (5) of the Repatriation Act, to have been refused. (4) Where a claim or application to which subsection (1) applies is granted, payment of the pension, service pension, allowance or other benefit to which it relates may be approved from a date determined in accordance with the relevant provisions of the Veterans' Entitlements Act, including a date before the commencing date. (5) For the purpose of paragraph (2)(d): (a) the Repatriation Regulations; (b) the Interim Forces Benefits Regulations; (c) the Repatriation (Far East Strategic Reserve) Regulations; and (d) the Repatriation (Special Overseas Service) Regulations; are each prescribed regulations. 18 Pending reviews by Commission (1) Where, before the commencing date: (a) the Commission had commenced to review a decision: (i) granting a pension (not being a service pension) or assessing the rate of such a pension; or (ii) with respect to a claim for such a pension or an application for such a pension or for an increase in the rate of such a pension; (b) a request to review a decision of the Commission had been made under section 90C of the Repatriation Act; or (c) the Commission had, otherwise than by reason of such a request, commenced to review a decision granting a service pension or assessing the rate of a service pension; but the Commission had not made its decision in respect of the review, the Commission may complete the review and make its decision in respect of the review as if it had been instituted under Part II, III or IV, as the case requires, of the Veterans' Entitlements Act. (2) For the purposes of the application of subsection (1) in relation to a review, any investigation carried out, decision made or act or thing done, for the purposes of, or in connection with, the review before the commencing date shall, by force of this section, have the force and effect, on and after that date for the purposes of completion and determination of the review, that it would have if the Veterans' Entitlements Act had been in operation when it was carried out, made or done, and it had been carried out, made or done under and for the purposes of a review under Part II, III or IV, as the case requires, of that Act. (3) The decision of the Commission upon a review to which subsection (1) applies shall be such decision as the Commission considers to be, in all the circumstances of the particular case, in accordance with the provisions of the Veterans' Entitlements Act and of this Act. 19 Pending applications to the Board or the Tribunal (1) An application made, or deemed to be made to the Board under section 107VC of the Repatriation Act that had not been determined under that Act before the commencing date shall, on and after that date, be treated as if it were an application that had been made to the Board under section 135 of the Veterans' Entitlements Act, and shall be heard and determined by the Board accordingly. (2) An application made to the Administrative Appeals Tribunal under section 107VZW of the Repatriation Act that had not been determined by that Tribunal before the commencing date shall, on and after that date, be treated as if it were an application that had been made to that Tribunal under section 175 of the Veterans' Entitlements Act, and shall be heard and determined by that Tribunal accordingly. (3) For the purposes of the application of subsection (1) or (2) in relation to an application for a review of a decision, any approval given, investigation carried out, report prepared, decision made or act or thing done before the commencing date for the purposes of, or in connection with, that application to, or the review of that decision by, the Board or the Administrative Appeals Tribunal, as the case may be, shall, by force of this section, have the force and effect, on and after that date, for the purposes of consideration and determination of that decision by the Board or that Tribunal that it would have if it had been given, carried out, prepared, made or done under the Veterans' Entitlements Act for the purposes of, or in connection with, that application to, or the review of that decision by, the Board or that Tribunal under that Act. (4) The decision of the Board or of the Administrative Appeals Tribunal upon an application to which subsection (1) or (2) applies shall be such decision as the Board, or the Tribunal, considers to be, in all the circumstances of the particular case, in accordance with the provisions of the Veterans' Entitlements Act and of this Act. 20 Reviews of certain decisions made under repealed Acts (1) Where, but for the repeals effected by subsection 3(1) of the Veterans' Entitlements Act, a person would have had, on or after the commencing date, a right to make application under section 107VC of the Repatriation Act for a review of a decision of the Commission made before that date, application may, subject to subsections (3), (4), (6) and (7) of this section, be made to the Board under section 135 of the Veterans' Entitlements Act for a review of that decision. (2) Where, but for the repeals effected by subsection 3(1) of the Veterans' Entitlements Act, a person would have had, on or after the commencing date, a right to make application under section 90C of the Repatriation Act for a review of a decision of the Commission made before that date, application may be made to the Commission under Division 19 of Part III of the Veterans' Entitlements Act for a review of that decision. (3) Subject to subsections (4) and (6), an application under subsection (1) for a review of a decision of the Commission may be made within 12 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2) of the Veterans' Entitlements Act, but not otherwise. (4) An application under subsection (1) for a review of a decision of the Commission (including a decision of a Repatriation Board deemed by section 50 of the Repatriation Legislation Amendment Act 1984 to be a decision of the Commission), being a decision made before 1 January 1985: (a) assessing a rate of pension or an increased rate of pension; (b) refusing to grant a pension on the ground that the extent of the incapacity of the applicant is insufficient to justify the grant of a pension; (c) refusing to increase the rate of a pension; or (d) reducing the rate of a pension; may be made on a day not later than the day that occurs 3 months after the day on which a copy of that decision was served on the applicant, but not otherwise. (5) Subsection (2) does not apply to a decision of a Repatriation Board if an appeal to the Commission against that decision had been instituted before 1 January 1985. (6) An application under subsection (1) for a review of a decision of the Commission (being a decision made on or after 1 January 1985 that is of a kind referred to in paragraph (4)(a), (b), (c) or (d)) may be made within 3 months after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2) of the Veterans' Entitlements Act, but not otherwise. (6A) An application under subsection (2) for a review of a decision of the Commission may be made within the period of 3 months after service on the person to whom the decision relates of notice of the decision or within the period of 3 months after the date of commencement of this subsection, whichever last expires, but not otherwise. (7) Subsection (1) does not apply to a decision of the Commission if an application for a review of that decision has been made to the Board before the commencing date and that application has not been withdrawn and has not been otherwise disposed of. (8) Subsections 135(4) and (5) of the Veterans' Entitlements Act do not apply to or in relation to an application to which subsection (1) of this section applies. (9) Where, but for the repeals effected by subsection 3(1) of the Veterans' Entitlements Act, a person would have had, on or after the commencing date, a right to make application under section 107VZW of the Repatriation Act for a review of a decision of the Commission or of the Board made before that date, application may, subject to section 29 of the Administrative Appeals Tribunal Act 1975 in its application in accordance with subsection 176(4) of the Veterans' Entitlements Act, be made to the Administrative Appeals Tribunal under section 175 of the Veterans' Entitlements Act for a review of that decision by that Tribunal, and the application shall be heard and determined by that Tribunal accordingly. (10) Subsection (9) does not apply to a decision of the Commission or the Board if an application for a review of that decision had been made to the Administrative Appeals Tribunal before the commencing date and that application has not been withdrawn and has not been otherwise disposed of. (10A) Where, on or after 6 June 1985 and before the commencing date, the Board has: (a) affirmed a decision of the Commission not to grant a claim for a pension (not being a service pension); or (b) made, in substitution for a decision of the Commission, a decision not to grant a claim for a pension; by reason that the Board was reasonably satisfied as set out in subsection 107VG(7) of the Repatriation Act, application may, notwithstanding the provisions of section 29 of the Administrative Appeals Tribunal Act 1975 in its application in accordance with paragraph 176(4)(a) of the Veterans' Entitlements Act, be made to the Administrative Appeals Tribunal, under section 175 of the Veterans' Entitlements Act, for a review of that decision of the Board by the Tribunal within the period of 3 months commencing on, and including, the commencing date, and the application shall be heard and determined by that Tribunal accordingly. (10B) Subsection (10A) does not apply to a decision of the Board if an application for a review of that decision has been duly made to the Administrative Appeals Tribunal before the commencing date and that application has not been withdrawn. (11) A power conferred by the Veterans' Entitlements Act on the Commission: (a) to review a decision; (b) to cancel or suspend a pension; or (c) to increase or decrease the rate of a pension; extends to reviewing the decision, suspending the pension or increasing or reducing the rate of the pension in respect of a period before the commencing date or cancelling the pensio