Document ID: chunk:federal_register_of_legislation:C2024C00866:section:177:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 177 (pt 2/3)
Character Range: 1730544–1733122

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