Document ID: chunk:federal_register_of_legislation:C2024C00866:section:31:p3
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 31 (pt 3/4)
Character Range: 408773–411427

suspend or decrease the rate of the pension or attendant allowance, or decrease the rate of the pension, as the case may be, with effect, subject to subsection (7), from the day on which the determination was made or such later day as is specified in the determination.
 (6A) Where the Commission is, under subsection (6), satisfied that the rate of a pension payable to a veteran is higher than it should be by reason that the degree of incapacity of the veteran from war‑caused injury or war‑caused disease, or both, is less than 10 per centum (including nought per centum), it shall cancel the pension that was payable to the veteran.
 (6B) The cancellation of a pension payable to a veteran under subsection (6A) does not affect any decision of the Commission, the Board or the Administrative Review Tribunal that is in force determining that the veteran is suffering from a war‑caused injury or a war‑caused disease, or both.
 (7) Where a determination is made under subsection (6):
 (aa) by reason of the Commission having regard to a matter that affects the payment of a pension or attendant allowance in the circumstances specified in paragraph (6)(a); or
 (a) by reason of the refusal or failure of a person to comply with a provision of this Act, other than:
 (i) subsection 127(4) in relation to a notice under paragraph 127(1)(f); or
 (ii) subsection 128(4); or
 (b) by reason that an amount has been paid by way of pension or attendant allowance that, but for the false statement or misrepresentation of any person, would not have been paid;
a date earlier than the date of the determination may be specified in the determination as the date as from which the cancellation, suspension or decrease, as the case may be, is to take effect.
 (7A) Subsection (7) does not apply to a determination made under subsection (6) for a reason set out in paragraph (6)(c).
 (8) Where the Commission is satisfied that, having regard to any matter that affects the payment of a pension or attendant allowance, the rate of the pension or attendant allowance is less than it should be, the Commission may, by determination in writing, increase the rate of the pension or attendant allowance with effect from the date of the determination, or such earlier date, or such later date, as is specified in the determination.
 (9) Where the Commission determines that a pension or attendant allowance be suspended:
 (a) the Commission may, in the same determination, fix the date of re‑commencement of the pension or attendant allowance; or
 (b) if the Commission does not so fix the date of re‑commencement, the Commission shall, in a subsequent determination, fix