Document ID: chunk:federal_register_of_legislation:C2004A02028:body:0:p18
Version: federal_register_of_legislation:C2004A02028
Segment Type: other
Provision Reference: 
Character Range: 42114–44680

Tribunal on, an application under sub-section (2) of section 107vc for a review by the Tribunal of a decision of the Commission,
    a date earlier than 4 years before the day on which the relevant decision is made,
whichever is the latest date.

"(2) Paragraph (e) of sub-section (1) does not apply in relation to a decision, if—
    (a) the application referred to in that paragraph was lodged at the appropriate address referred to in section 107vf within 3 months after the service on the applicant, in accordance with section 47a, of a copy of the decision of the Commission the review of which was the subject of the application; and
    (b) where the decision of the Commission referred to in paragraph (a) was a decision on appeal under section 28 from a decision of a Board—that appeal was lodged within 3 months after the service on the applicant, in accordance with section 47a, of a copy of that decision of the Board.
"(3) A decision of the Tribunal on a review pursuant to an application under section 107vd, or a decision of the Commission on a review under section 107vl following on an application for a review by the Tribunal under section 107vd, shall not be expressed to operate from—
    (a) where the application follows on a decision of the Tribunal or the Commission granting a claim for a pension—a date earlier than the date from which that decision of the Tribunal or the Commission, as the case may be, operates;
    (b) where the application is for a review of a decision—
        (i) refusing to alter the existing assessment of the rate of a pension; or
        (ii) refusing a claim for a pension on the ground that the incapacity of the member of the Forces is so slight that it does not warrant a pension assessment,
    a date earlier than the earliest date from which the Commission or a Board, if it had not made that decision, could have approved of payment of the pension; or
    (c) where the application is for a review of a decision cancelling or reducing the rate of a pension—a date earlier than 6 months before the date on which the application was lodged at the appropriate address referred to in section 107vf.

"(4) A decision of the Tribunal on a review pursuant to an application under section 107ve, or a decision of the Commission on a review under section 107vl following on an application for a review by the Tribunal under section 107ve, being an application for the review of a decision of the Commission refusing an application for a service pension, shall not be expressed to operate from a date earlier than