77Review of pension under section 34, 54 or 83A

77 Review of pension under section 34, 54 or 83A S. 77(1) amended by No. 120/1994 s. 62(3)(b). (1) The Board may at any time review the question of whether a pensioner who is in receipt of a pension under section 34, 54 or 83A is gainfully employed and after the review it may— (a) continue the existing pension; or (b) increase the pension up to the pensioner's maximum pension entitlement; or (c) reduce the pension; or S. 77(1)(d) amended by No. 102/1995 s. 24(a). (d) suspend the pension; or S. 77(1)(e) inserted by No. 102/1995 s. 24(a). (e) cancel the pension. (2) For the purposes of this section a person is to be taken as gainfully employed if the person or another person, a corporation or a trust is receiving remuneration that is derived wholly or partly from labour provided by the person whether under a contract of service or otherwise. (3) A determination to reduce benefits or to suspend a pension does not take effect for a period of 3 months from the date of the determination. (4) During the period of 3 months a pensioner in respect of whom a determination has been made may appeal to the Board against that determination. (5) The Board after consideration of the appeal must confirm or cancel the determination previously made. S. 77(6) amended by No. 102/1995 s. 24(b). (6) If the Board confirms the determination on appeal the reduction of pension or the suspension or cancellation of pension will apply 3 months after the original determination was made or on the pension pay day following the determination of the appeal whichever is the later. S. 77(7) amended by No. 120/1994 s. 62(3)(b). (7) The Board may at any time require a pensioner who is in receipt of a pension under section 34, 54 or 83A to provide to the Board within 45 days any returns and information which the Board may require for the purposes of this section. (8) If the pensioner fails or refuses to do so the Board may suspend or cancel the pension and, where the Board cancels the pension, this Act (other than section 71) ceases to apply in respect of that pensioner. S. 77A inserted by No. 102/1995 s. 25.