Document ID: chunk:federal_register_of_legislation:C2024C00866:section:135:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 135 (pt 2/3)
Character Range: 1645407–1647982

after service on the person to whom the decision relates of a copy of that decision in accordance with subsection 34(2), but not otherwise.
 (5) An application under subsection (1), (2) or (3) to the Board to review a decision of the Commission:
 (a) assessing a rate of pension or increased rate of pension;
 (b) refusing to grant a pension on the ground that the extent of the incapacity of the veteran is insufficient to justify the grant of a pension;
 (c) refusing to increase the rate of a pension;
 (d) reducing the rate of a pension; or
 (e) cancelling or suspending a pension, or fixing the date of re‑commencement of a pension that has been suspended;
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), but not otherwise.
 (5A) An application by a person under subsection (1), (2) or (3) to the Board to review a decision of the Commission, whether the decision was made before or is made after the commencement of this subsection, refusing to grant an application for attendant allowance under section 98 may be made within a period of 3 months after service on the person of notice of the decision or within a period of 3 months after the commencement of this subsection, whichever last expires, but not otherwise.
 (6) If:
 (a) the Commission, upon a review under section 31 of a decision (the original decision) of a kind referred to in subsection (1), (2) or (3), has made a further decision:
 (i) revoking that decision; or
 (ii) revoking that decision and substituting a new decision; or
 (iii) varying that decision; and
 (b) application had not, before the further decision was made, been made to the Board for a review of the original decision;
application is not to be made for a review of the original decision but may be made for a review:
 (c) of the further decision of the Commission revoking the original decision; or
 (d) of the new decision of the Commission that was substituted for the original decision; or
 (e) of the original decision as varied by the further decision of the Commission.
 (7) If:
 (a) the Commission, upon a review under section 31 of a decision (the original decision) of a kind referred to in subsection (1), (2) or (3), has made a further decision:
 (i) revoking that decision; or
 (ii) revoking that decision and substituting a new decision; or
 (iii) varying that decision; and
 (b) an application had been made to the Board for a review of the original decision but the hearing of the application:
 (i) had not commenced