203Determinations by Commission

203  Determinations by Commission  (1) The Commission must determine that the Commonwealth is liable to pay a Special Rate Disability Pension to a person instead of compensation worked out under Division 2 of Part 4 if:  (a) the person is offered the choice under this Part; and  (b) the person makes the choice to receive the pension within the period applicable under section 201 and in accordance with section 202; and  (c) the Commission is satisfied that the person meets the eligibility criteria on the day on which the person makes the choice.  (2) The Commission must determine that a person is to continue to receive compensation worked out under Division 2 of Part 4 if:  (a) the person is offered a choice under this Part; and  (i) the person does not make the choice within the period applicable under section 201 and in accordance with section 202; or  (ii) the Commission is satisfied that the person does not meet the eligibility criteria on the day on which the person makes the choice.  (3) If the Commission makes a determination under subsection (1) in relation to a person, a Special Rate Disability Pension is payable to the person instead of compensation worked out under Division 2 of Part 4 from the day on which the Commission becomes aware of the person’s choice.