Document ID: chunk:federal_register_of_legislation:C2024C00866:section:31:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 31 (pt 1/4)
Character Range: 404157–406700

31  Review by Commission
 (1) Where:
 (a) the time has not expired for making application to the Board under section 135 for a review of a decision of the Commission with respect to:
 (i) a claim for a pension in accordance with section 14;
 (ii) an application for an increased pension, or for a pension, in accordance with section 15; or
 (iii) an application for attendant allowance under section 98; or
 (b) an application has been duly made to the Board under section 135 for a review of such a decision of the Commission but has not been determined by the Board;
the Commission may, in its discretion, review that decision and, if it varies that decision, it may approve as the date as from which the variation shall operate a date not earlier than the earliest date as from which the decision as so varied could have operated if it had been made by the Board, in substitution for the original decision, upon a review of the original decision.
 (2) Where application has been duly made, otherwise than by the Commission, to the Administrative Review Tribunal under section 175 for a review of:
 (a) a decision of the Commission that has been affirmed by the Board; or
 (b) a decision made by the Board in substitution for a decision of the Commission;
but the review has not been determined, the Commission may, in its discretion, review that decision and, with the consent of the applicant, vary that decision and, if it varies that decision, it may approve as the date as from which the variation shall operate a date not earlier than the earliest date as from which the decision as so varied could have operated if the variation had been made by the Administrative Review Tribunal upon a review of the decision.
 (3) The Commission may, for the purpose only of correcting a manifest error, vary the date approved by the Board as the date as from which a decision of the Board made in substitution for a decision of the Commission is to operate.
 (4) Where the Commission is satisfied that evidence before the Commission when it made a decision was false in a material particular, the Commission may, in its discretion, review the decision and, if it varies the decision, it may approve as the date as from which the variation shall operate a date, which may be a date before or after the commencement of the review, considered by the Commission to be appropriate in all the circumstances.
 (5) For the purposes only of approving a date under subsection (1) as the date as from which a variation of a decision to which paragraph (1)(a)