Document ID: chunk:federal_register_of_legislation:C2024C00866:section:178
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 178
Character Range: 1734129–1735603

178  Period of operation of certain decisions of Administrative Review Tribunal
 (1) Where, on a review of a reviewable decision, the decision of the Administrative Review Tribunal expressly, or in effect:
 (a) assesses a rate of pension or increased rate of pension;
 (b) refuses to grant a pension, on the ground that the extent of the incapacity of the veteran was insufficient to justify the grant of such a pension;
 (c) refuses to increase the rate of a pension; or
 (d) reduces the rate of a pension;
that decision of the Administrative Review Tribunal shall, subject to subsection (2), be binding on the parties to the proceedings before that Tribunal for a period of 6 months commencing on the day on which that Tribunal makes the decision.
 (2) If, during the period referred to in subsection (1), the person to whom the pension is payable, or who was refused a pension, is of the opinion that his or her incapacity has increased, subsection (1) does not prevent:
 (a) the person from making application for an increased pension or for a pension; or
 (b) the grant of increased pension or of a pension, from a date within that period, by the Commission upon its consideration of such an application or by the Board on a review of the decision of the Commission on such an application.
 (3) In this section, pension does not include service pension or income support supplement.

Part XI—The Repatriation Commission

Division 1—Establishment, functions and powers