Commonwealth Consolidated Acts

VETERANS' ENTITLEMENTS ACT 1986 - SECT 45Q

Determination of claim

  (1)   When the claim is submitted to the Commission, the Commission must:

  (a)   consider the claim; and

  (b)   satisfy itself with respect to all matters relevant to the determination of the claim; and

  (c)   determine all matters requiring determination before the claim can be determined; and

  (d)   determine the claim as provided by subsection   (4).

  (3)   Without limiting subsection   (1), the Commission, in considering the claim, must consider:

  (a)   the evidence submitted with the claim under section   45P; and

  (b)   any further evidence subsequently submitted to the Commission in relation to the claim.

  (4)   The Commission must determine the claim as follows:

  (a)   first, the Commission must determine whether income support supplement is to be granted to the person; and

  (b)   if the Commission determines that income support supplement is to be granted to the person, the Commission then must:

  (i)   work out the person's income support supplement rate under section   45S; and

  (ii)   determine that income support supplement is payable to the person at that rate; and

  (c)   if:

  (i)   the person's claim states the person is permanently incapacitated for work; and

  (ii)   at the time the Commission determines that income support supplement is to be granted to the person, the Commission is satisfied that the person is permanently incapacitated for work in accordance with a determination under section   45QA;

    the Commission must determine that income support supplement is payable to the person on the grounds of permanent incapacity.

Note:   Section   52 - 65 of the Income Tax Assessment Act 1997 provides for payments of income support supplement to be exempt from income tax in certain situations if the supplement is received on the grounds of permanent incapacity.

Record of determination and reasons

  (5)   When the Commission determines the claim it must make a written record of its determination.

  (6)   The Commission must also make a statement in writing about the determination that:

  (a)   sets out the Commission's findings on material questions of fact; and

  (b)   refers to the evidence or other material on which those findings are based; and

  (c)   provides reasons for the Commission's determination.

Notification of determination

  (7)   As soon as practicable after the Commission determines a claim under subsection   (1), the Commission must give the person who made the claim:

  (a)   a copy of the record of the Commission's determination; and

  (b)   subject to subsection   (8), a copy of the statement about the determination referred to in subsection   (6); and

  (c)   particulars of the right of the person who made the claim to have the determination reviewed by the Commission.

  (8)   If the statement referred to in paragraph   (7)(b) contains any matter that, in the opinion of the Commission:

  (a)   is of a confidential nature; or

  (b)   might, if communicated to the person who made the claim, be prejudicial to his or her physical or mental health or well - being;

the copy given to the person is not to contain that matter.

Note:   A claimant may apply to the Commission for review of a determination made under this section (see Division   16 of Part   IIIB).