39Eligibility review panel

39 Eligibility review panel (1) If the LTCS commissioner receives an application under section 38 (1) for review of a decision, the LTCS commissioner must convene a panel (an eligibility review panel) of 3 eligibility assessors to review the decision. (2) The eligibility review panel may include an eligibility assessor who was on the eligibility assessment panel that made the decision only if— (a) the LTCS commissioner is satisfied that exceptional circumstances exist that justify the assessor’s inclusion on the review panel; and (b) the injured person to whom the application relates consents to the assessor’s inclusion on the review panel. (3) The eligibility review panel must— (a) review the decision; and (b) either— (i) confirm the decision; or (ii) revoke the decision and substitute its own decision; and (c) give the LTCS commissioner and the person who referred the decision for review a certificate of its decision, setting out the reasons for the decision. (4) The eligibility review panel may correct an error in the certificate that arises from a clerical mistake or accidental slip or omission.