Claim for benefit under Scheme
46 Claim for benefit under Scheme
(1) A person entitled, or claiming to be entitled, to a benefit under either Scheme may apply to the Commissioner, in the approved manner and form, for the payment of that benefit.
(2) A person who could be affected by a decision or an action that the Commissioner is authorised or required to make or take under this Act may apply to the Commissioner, in the approved form, for the Commissioner to make the relevant decision or to take the relevant action.
(2A) If the applicant claims to be entitled to a benefit because of having retired from employment on the ground of invalidity, the application must be made within 2 years after the applicant ceased employment.
(3) The Commissioner must make a decision on an application as soon as practicable after receiving it.
(3A) On making a decision, the Commissioner must give the applicant a written notice setting out:
the Commissioner's decision; and
either:
the Commissioner's reasons for the decision; or
(ii) that the applicant has a right to request written reasons under subsection (4); and
(c) that the applicant has a right under Part 5A to have the decision reviewed.
(4) An applicant may, in writing, require the Commissioner to give his or her reasons in writing for his or her decision on the application and the Commissioner shall give his or her reasons accordingly.
Part 5A Review of decisions
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