Document ID: chunk:federal_register_of_legislation:C2024C00866:section:19:p2
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 19 (pt 2/4)
Character Range: 328019–330659

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), the rate at which the pension is payable.
 (5D) After making an assessment under subsection (5C), the Commission must determine that pension is payable at the rate assessed.
 (5E) Pension is payable from the date of effect of the determination made under:
 (i) in the case of a claim—subsection (3); or
 (ii) in the case of an application made under subsection 15(2)—paragraph (5)(a); or
 (iii) in the case of an application made under subsection 15(1)—subsection (5D).
 (5F) A determination under:
 (a) subsection (3), in respect of a claim; or
 (b) subsection (5), in respect of an application under subsection 15(2); or
 (c) subsection (5D), in respect of an application under subsection 15(1);
takes effect from the date on which the determination is made or on such later or earlier date as is specified in the determination.
 (6) Where the Commission has, pursuant to subsection (5C), assessed that the pension was payable at some time during the assessment period at the rate provided by section 23 or 24 then, subject to section 24A, the rate at which the pension is payable shall not be lower than the rate provided by whichever of those sections applied, or applied most recently, during the assessment period.
 (7) Where:
 (a) the Commission, upon considering a claim for a pension in respect of the incapacity of a veteran from injury or disease determines, or is satisfied, that the veteran suffered the injury or contracted the disease as claimed and that the injury is a war‑caused injury or the disease is a war‑caused disease, as the case may be; and
 (b) the Commission is also satisfied a determination under this Act is in force determining that the veteran has suffered an injury or contracted a disease (not being the injury or disease referred to in paragraph (a)) and that:
 (i) that injury is a war‑caused injury, or is, in accordance with subsection 70(3), a defence‑caused injury for the purposes of subsection 70(1); or
 (ii) that disease is a war‑caused disease, or is, in accordance with subsection 70(3), a defence‑caused disease for the purposes of subsection 70(1);
  as the case may be, whether or not a pension under Part II or Part IV, as the case requires, has been granted in respect of that injury or disease;
the Commission shall not, in a case where the claimant is in receipt of a pension under Part II or Part IV in respect of incapacity resulting from the injury or