Document ID: chunk:federal_register_of_legislation:C2024C00866:section:19:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 19 (pt 1/4)
Character Range: 325412–328249

19  Determination of claims and applications
 (1) Where a claim or application is submitted to the Commission in accordance with subsection 17(2), the Commission shall:
 (a) consider all matters that, in the Commission's opinion, are relevant to the claim or application; and
 (b) subject to this section, determine the claim as provided by subsection (3); and
 (c) subject to this section, determine an application under subsection 15(1) under subsection (5D); and
 (d) subject to this section, determine an application under subsection 15(2) as provided by subsection (5).
 (2) Without limiting the generality of paragraph (1)(a), the matters that the Commission may consider include:
 (a) the evidence and documents that were submitted with the claim or application in accordance with subsection 17(3);
 (b) any evidence subsequently submitted to the Commission in relation to the claim or application; and
 (c) any evidence, documents or other material furnished to the Commission under section 32.
 (3) The Commission shall determine a claim for a pension as follows:
 (a) first, the Commission shall determine whether the claimant is entitled to be granted a pension in respect of:
 (i) the incapacity of a veteran from war‑caused injury or war‑caused disease, or both; or
 (ii) the death of a veteran that was war‑caused;
 (b) then, if the Commission determines that the claimant is so entitled, the Commission shall proceed as set out in subsections (5A), (5B), (5C) and (5D).
 (4) The Commission must determine an application under subsection 15(2) as provided by subsection (5).
 (4A) The Commission must deal with an application under subsection 15(1) in accordance with subsections (5A), (5B) and (5C) and determine the application under subsection (5D).
 (5) The Commission must determine an application under subsection 15(2) as follows:
 (a) first, the Commission must determine whether the claimant is entitled to be granted a pension in respect of the incapacity of the veteran;
 (b) then, if the Commission determines that the applicant is so entitled, the Commission must proceed as set out in subsections (5A), (5B), (5C) and (5D).
 (5A) If:
 (a) paragraph (3)(b) applies in respect of a claim; or
 (b) subsection (4A) applies in respect of an application under subsection 15(1); or
 (c) paragraph (5)(b) applies in respect of an application under subsection 15(2);
the Commission must assess the matters set out in subsection (5C).
 (5B) The Commission must assess the matters set out in subsection (5C) in accordance with whichever of sections 22, 23, 24, 25, 27 and 30 are applicable in the particular case.
 (5C) The matters that the Commission must assess are:
 (a) the rate or rates at which the pension would have been payable from time to time during the assessment period; and
 (b) subject to subsection (6),