Document ID: chunk:federal_register_of_legislation:C2004A03392:body:0:p10
Version: federal_register_of_legislation:C2004A03392
Segment Type: other
Provision Reference: 
Character Range: 23627–26451

connection with a medical examination that the person was required to undergo for the purposes of this section, the person failed to give any information that the person was required to give or gave false or misleading information; and
          (b) that, if the person had not failed to give the information that the person was required to give or had not given that false or misleading information—
             (i) in a case where a benefit classification certificate is in force in respect of the person—a particular physical or mental condition or particular physical or mental conditions of the person not specified in the certificate would have been so specified; or
             (ii) in a case where no benefit classification certificate is in force in respect of the person—a benefit classification certificate would have been issued in respect of the person in which a particular physical or mental condition or particular physical or mental conditions of the person would have been specified,
        the Commissioner shall—
           (c) if there is a benefit classification certificate in force in respect of the person—revoke that certificate and issue a new benefit classification certificate in respect of the person in which the particular condition or conditions referred to in sub-paragraph (b) (i) is or are specified either in addition to or in substitution for the physical or mental condition that is, or for any or all of the physical or mental conditions that are, specified in the first-mentioned certificate; or
           (d) if there is no benefit classification certificate in force in respect of the person—issue a benefit classification certificate in respect of the person in which the particular condition or conditions referred to in sub-paragraph (b) (ii) is or are specified.
     "(11a) In sub-section (11), a reference to a relevant person shall be read as a reference to a person—

           (a) who is an eligible employee, has a period of contributory service of less than 20 years and has not attained his or her maximum retiring age;
           (b) who is or was an eligible employee to whom partial invalidity pension is or was payable under section 78 and who, at the time when partial invalidity pension became so payable, had a period of contributory service of less than 20 years; or
           (c) who has ceased to be an eligible employee, by reason of invalidity or death and who, at the time when he or she so ceased, had a period of contributory service of less than 20 years and had not attained his or her maximum retiring age.
     "(11b) Where the Commissioner, in pursuance of paragraph (11) (c), revokes a benefit classification certificate and issues a new benefit classification certificate in substitution for that certificate, the first-mentioned certificate