Assessment of rate of pension
7 Assessment of rate of pension
Where, after the commencing date:
approval is given by the Commission, the Board, or the Administrative Appeals Tribunal for payment of a pension, or for payment of a pension at a higher or lower rate, to be made from a date before the commencing date; or
the Commission, the Board or the Administrative Appeals Tribunal is reviewing the rate at which a pension was payable before the commencing date;
the rate at which that pension may be paid at any time before the commencing date shall be assessed by reference to the rate or maximum rate in the repealed Acts as in force at that time that corresponds with the appropriate rate in the Veterans’ Entitlements Act. but otherwise in accordance with the provisions of the Veterans’ Entitlements Act and the principles applicable under that Act.
Subsection (3) applies to a pension to which Part II of the Veterans’ Entitlements Act applies by virtue of subsection 4(2) or 4(4) of this Act.
The Commission, the Board or the Administrative Appeals Tribunal shall not, in the course of re‑assessing the rate at which a pension to which this subsection applies, determine, as the degree of incapacity of the person to whom that pension is payable, a percentage that is less than the percentage of the maximum general rate of pension constituted by the rate at which that pension was, immediately before the commencing date, paid unless the Commission, the Board or the Administrative Appeals Tribunal as the case may be, is satisfied:
that the incapacity of that person has decreased since the rate of that pension was previously assessed or last assessed; or
that the previous assessment or last assessment would not have been made but for a false statement or misrepresentation of a person.
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