Veterans' Entitlements Act 1986

A veteran who is in receipt of a pension under this Part in respect of the incapacity of the veteran may apply, in accordance with subsection (3) of this section, for an increase in the rate of the pension on the ground that the incapacity of the veteran has increased since the rate of the pension was assessed or last assessed.

An application may not be made on or after the date of commencement (see section 12AA).

Where there is in force in respect of the incapacity of a veteran a determination of a kind referred to in subsection 14(2) but a pension has not been granted to the veteran on the ground that the extent of the incapacity is insufficient to justify the grant of a pension under this Part, the veteran may make application, in accordance with subsection (3) of this section, for a pension on the ground that the incapacity of the veteran has increased since the grant of a pension in respect of the incapacity was refused or last refused.

An application may not be made on or after the date of commencement (see section 12AA).

An application under subsection (1) or (2):

shall be in writing and in accordance with a form approved by the Commission;

shall be accompanied by such evidence available to the applicant as the applicant considers may be relevant to the application; and

is to be lodged at an office of the Department in Australia in accordance with section 5T and is taken to have been made on a day determined under that section.

Subsection (3) shall not be taken to impose any onus of proof on an applicant or to prevent an applicant from submitting evidence in support of the application subsequently to the making, but before the determination, of the application.

Where:

a person has made an application under this section for a pension at an increased rate, or for a pension; and

the application has not been finally determined;

For the purpose of subsection (5), an application is finally determined when either:

a decision that has been made in respect of the application is not subject to any form of appeal or review; or

a decision that has been made in respect of the application was subject to some form of appeal or review, but the period within which such an appeal or review could be instituted has ended without an appeal or review having been instituted.