Document ID: chunk:federal_register_of_legislation:C2016C00143:section:21:p2
Version: federal_register_of_legislation:C2016C00143
Segment Type: section
Provision Reference: s 21 (pt 2/3)
Character Range: 68082–70606

application under section 107VC of the Repatriation Act 1920 as in force before 1 January 1985, granted the person's claim for pension—a date that is not earlier than the operative date set by the Repatriation Review Tribunal in relation to the grant of the claim for pension; or
 (ab) where the decision is made on review of a decision made on or after 1 January 1985 by the Commission about the rate at which pension is payable to a person, where the Repatriation Review Tribunal had referred the matter to the Commission under section 107VJ of the Repatriation Act 1920 as in force before 1 January 1985—a date that is not earlier than the date of that reference; or
 (b) in any other case-a date that is not earlier than 3 months before the date of the initiating action in relation to the decision.
 (4) For the purposes of the application of the Veterans' Entitlements Act pursuant to this section, section 19 of that Act has effect as if the reference, in the definition of 'assessment period' in subsection 19(9) of that Act, to the period starting on the application day were a reference to the period starting on the date of the initiating action in relation to the decision concerned.
 (5) In this section:
initiating action, in relation to a decision mentioned in subsection (1A), means whichever of the following events and actions operated, whether of its own force or because of another provision, to confer power to make the decision on the person or body that made it or, where 2 or more of the following events and actions so operated, the later or latest of those events or actions:
 (a) the making of a claim or application to which subsection 51(1) or (2) of the 1984 Act applied;
 (b) the institution of an appeal to which section 52 of the 1984 Act applied;
 (c) the making of an application to which subsection 55(1) of the 1984 Act applied, or of an application permitted to be made by subsection 55(2) of the 1984 Act;
 (d) the submission of further evidence with respect to a claim as mentioned in section 107VM of the Repatriation Act 1920 as in force immediately before 1 January 1985, being a claim to which subsection 57(1) of the 1984 Act applied;
 (e) the making of an application permitted to be made by subsection 57(2) of the 1984 Act;
 (f) the directing of a review to which subsection 58(1) of the 1984 Act applied;
 (g) the reference of an assessment back to the Commission under section 107VH of the Repatriation Act 1920 as in force on or after 1 January 1985 which resulted in:
 (i)