78Time in which application under section 74 or section 76 is to be determined

78 Time in which application under section 74 or section 76 is to be determined

(1)  The Commissioner, under section 75(1) or section 77(1) , is to determine an application made by a person under section 74 or section 76 , respectively, within 10 business days after receiving the application.

(2)  If the Commissioner, after receiving an application under section 74 or section 76 , refers to an accredited impairment assessor, in accordance with section 75(2) or section 77(2) , the medical question as to the degree of impairment of the person to whom the application relates –

(a) subsection (1) does not apply in relation to the application; and

(b) the Commissioner, under section 75(1) or section 77(1) , as the case may be, is to determine the application within 10 business days after receiving a determination of the medical question from the assessor.

(3)  If the Commissioner, after receiving from a person an application under section 74 or section 76 , has, under section 75(3) or section 77(3) , referred to a medical panel a medical question in relation to the person –

(a) subsection (1) does not apply in relation to the application; and

(b) the Commissioner, under section 75(1) or section 77(1) , as the case may be, is to determine the application within 10 business days after receiving a determination of the medical question from the medical panel.

(4)  Subsection (5) applies in relation to an application under section 74 or section 76 by a person if the Commissioner has –

(a) in accordance with section 75(2) or section 77(2) , referred to an accredited impairment assessor a medical question in relation to the person or, in accordance with or , referred a medical question in relation to the person to a medical panel; and