Document ID: chunk:federal_register_of_legislation:C2004A04771:section:1940:p6
Version: federal_register_of_legislation:C2004A04771
Segment Type: section
Provision Reference: s 1940 (pt 6/23)
Character Range: 225562–228093

Investigations of claims by Secretary

57. If, before 1 July 1994, the Secretary has not completed an investigation under section 26A of the SWPA in relation to:

  (a) a claim for a pension under the SWPA; or

    (b) an application for an increase in the rate of a pension under the SWPA;

the Secretary is to continue the investigation, on and after 1 July 1994, as if it were an investigation under section 17 of the VEA in relation to:

  (c) a claim for the corresponding pension under the VEA; or

    (d) an application for an increase in the rate of the corresponding pension under the VEA.

Unfinalised review of decisions—review by Veterans' Review Board

  58.(1) If:

     (a) a person made an application under subsection 35(1) of the SWPA for a review of a decision under the SWPA in relation to a pension or allowance under the SWPA on a day ("application day") before 1 July 1994; and

  (b) the application was not determined before 1 July 1994;

the VEA has effect as if:

     (c) on the day on which the decision under the SWPA was made, a similar decision ("VEA decision") under the VEA had been made in relation to the corresponding pension or allowance under the VEA; and

     (d) on the application day, an application under subsection 135(1) of the VEA had been made for a review of the VEA decision.

  (2) If:

  (a) subsection (1) applies to an application; and

    (b) the date of effect of the decision made in response to the application is before 1 July 1994;

the decision has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1994, as if it were a decision under the VEA.

Unfinalised review of decisions—review by Commission

  59.(1) If:

     (a) a person made a request under subsection 37A(1) of the SWPA for a review of a decision under the SWPA or the SWPA regulations in relation to an allowance or benefit under the SWPA or the SWPA regulations on a day ("request day") before 1 July 1994; and

  (b) the request was not determined before 1 July 1994;

the VEA has effect as if:

     (c) on the day on which the decision under the SWPA or the SWPA regulations was made, a similar decision ("VEA decision") under the VEA had been made in relation to the corresponding allowance or benefit under the VEA; and

    (d) on the request day, a request under subsection 115(1) of the VEA had been made for a review of the VEA decision.

  (2) If:

  (a) subsection (1) applies to a request; and

    (b) the date of effect of the decision made in