Document ID: chunk:federal_register_of_legislation:C2004C01259:clause:5_6
Version: federal_register_of_legislation:C2004C01259
Segment Type: clause
Provision Reference: sch 5 cl 6
Character Range: 12924–15183

6  Subsections 19(4) and (5)
Repeal the subsections, substitute:

 (4) The Commission must determine an application under subsection 15(2) as provided by subsection (5).

 (4A) The Commission must deal with an application under subsection 15(1) in accordance with subsections (5A), (5B) and (5C) and determine the application under subsection (5D).

 (5) The Commission must determine an application under subsection 15(2) as follows:
 (a) first, the Commission must determine whether the claimant is entitled to be granted a pension in respect of the incapacity of the veteran;
 (b) then, if the Commission determines that the applicant is so entitled, the Commission must proceed as set out in subsections (5A), (5B), (5C) and (5D).

 (5A) If:
 (a) paragraph (3)(b) applies in respect of a claim; or
 (b) subsection (4A) applies in respect of an application under subsection 15(1); or
 (c) paragraph (5)(b) applies in respect of an application under subsection 15(2);
the Commission must assess the matters set out in subsection (5C).

 (5B) The Commission must assess the matters set out in subsection (5C) in accordance with whichever of sections 22, 23, 24, 25, 27 and 30 are applicable 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.