Document ID: chunk:federal_register_of_legislation:C2024C00866:section:177:p1
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 177 (pt 1/3)
Character Range: 1728182–1730775

177  Effective dates of certain determinations relating to payment of pension or seniors health card
 (1) This section is in addition to, and not in substitution for, section 107 of the Administrative Review Tribunal Act 2024 in its application to proceedings for a review by the Administrative Review Tribunal of a reviewable decision.
 (2) Where the Administrative Review Tribunal, upon application made under subsection 175(1) for a review of a decision of the Commission that has been affirmed or varied by a decision of the Board or a decision of the Board made in substitution for a decision of the Commission, grants a pension (not being a service pension or income support supplement) or attendant allowance, or increases the rate at which a pension (not being a service pension or income support supplement) is to be paid, the Tribunal may approve payment of the pension or of attendant allowance, or payment of the pension at the increased rate, as the case may be:
 (a) if the application is made within 3 months after service on the applicant of a document setting out the terms of that decision of the Board—from a date not earlier than the earliest date as from which the Board could, if it had granted a pension or attendant allowance or increased the rate of the pension, have approved payment of the pension or attendant allowance, or payment of the pension at an increased rate, as the case may be; or
 (b) in any other case:
 (i) if the review relates to a claim in accordance with section 14—from a date not more than 6 months before the date on which the application under subsection 175(1) was made; or
 (ii) if the review relates to an application in accordance with section 15, or to an application for attendant allowance—from the date on which the application under subsection 175(1) was made.
 (3) Where the Administrative Review Tribunal, on a review of a decision of a kind described in subsection 176(7), (8) or (9), varies or sets aside that decision, the Administrative Review Tribunal may fix, as the date as from which its decision (including any decision made by it in substitution for the decision set aside) is to operate, a date, being:
 (a) if application for the review was made within 3 months after service on the applicant of a copy of the decision of the Board or the Commission, as the case may be—a date not earlier than the date as from which the decision under review was to operate; or
 (b) in any other case—a date not earlier than the date on which the application was made to the Administrative Review Tribunal.
 (4) Where the Administrative