Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p9
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 19878–22549

a claim or application for pension—the Tribunal shall set aside the decision unless it is satisfied, beyond reasonable doubt, that there were insufficient grounds for granting the claim or application; or
    (b) in any other case—the Tribunal shall set aside the decision the subject of the review unless it is satisfied, beyond reasonable doubt, that the decision is the decision that the Tribunal would have made if it had conducted the proceeding in which the decision was made.
"(3) Where the Tribunal sets aside a decision the subject of a review, it shall substitute for that decision such decision as the Tribunal considers to be in accordance with this Act.
"(4) Where the Tribunal does not set aside a decision the subject of a review, it shall affirm that decision.

Further evidence relating to incapacity
"107vj. Where—
    (a) in the proceeding on a review pursuant to an application under section 107vd there is before the Tribunal further evidence that was not before the Commission or a Board; and
    (b) by reason of that further evidence, the Tribunal has reason to believe that there has been a change in the incapacity of the applicant since the date of the decision the subject of the review,
the Tribunal shall, for the purpose of the proceeding, disregard that further evidence to the extent that it relates to the incapacity of the applicant at any time after the date of the decision that is the subject of the review but may, after the decision in the proceeding has been made, refer the applicant's case back to the Commission for consideration of that further evidence.

Reasons for decision of Tribunal to be included in decision, &c.
"107vk. (1) Where, in a proceeding before the Tribunal, the Tribunal makes a decision relating, in whole or in part, to a prescribed matter, the Tribunal shall cause to be prepared a written record of the decision, containing a statement of the reasons for the decision, so far as the decision relates to the prescribed matter, including any findings of fact in relation to the prescribed matter.
"(2) Where the Tribunal makes a decision referred to in sub-section (1), the Tribunal—
    (a) shall file the decision with the records of the case; and
    (b) shall serve, or cause to be served, either personally or by post, a copy of the decision both on the applicant or a person authorized by the applicant and on the Commission.
"(3) In this section, 'prescribed matter' means a matter referred to in paragraph (a), (d) or (j) of sub-section (1) of section 27.

"Division 4—Review or Reconsideration by the Commission

Review by Commission of decision the subject of application for review by Tribunal