27Guide to Assessment of Rates of Veterans’ Pensions

27 Guide to Assessment of Rates of Veterans’ Pensions

(1) Subject to subsection (2) of this section, subsections 22(4) and 29(4) of the Veterans’ Entitlements Act do not apply to a determination of the degree of incapacity of a veteran from war‑caused injury or war‑caused disease, or both, made by the Commission before 1 November 1986. (2) Where, on or after the commencing date and before 1 November 1986, the Commission is making a determination of the degree of incapacity of a veteran from war‑caused injury or war‑caused disease, or both, it shall make its determination having regard to the material before it and, if it is of the opinion that the material before it is sufficient to enable it to do so, it may make its decision according to the provisions of the approved Guide to the Assessment of Rates of Veterans’ Pensions. (2A) Where, on or after the commencing date and before 1 November 1986, the Commission makes a decision determining the degree of incapacity of a veteran from war‑caused injury or war‑caused disease, or both, according to the provisions of the approved Guide to the Assessment of Rates of Veterans’ Pensions, it shall state in that decision that the degree of incapacity was determined according to the provisions of that Guide. Back to Top. (2B) Subject to subsection (2C) of this section, subsections 22(4) and 29 (4) of the Veterans’ Entitlements Act do not apply to a determination with respect to the degree of incapacity of a veteran from war‑caused injury or war‑caused disease or both: (a) made by the Board upon a review of a decision of the Commission made by the Commission before 1 November 1986; or (b) made by the Administrative Appeals Tribunal upon a review of a decision of the Board affirming or setting aside such a decision of the Commission. (2C) Where, on or after the commencing date and before 1 November 1986, the Commission makes a decision determining the degree of incapacity of a veteran from war‑caused injury or war‑caused disease, or both, and states in the decision that the degree of incapacity was determined according to the provisions of the approved Guide to the Assessment of Rates of Veterans’ Pensions: (a) the Board shall, if it reviews that determination; or (b) the Administrative Appeals Tribunal shall, if it reviews a decision of the Board affirming or setting aside that determination; make its decision on the review with respect to that degree of incapacity according to the provisions of that Guide. (3) In subsections (1), (2), (2A), (2B) and (2C): (a) a reference to a veteran shall be read as including a reference to a member of the Forces, or a member of a Peacekeeping Force, as defined by subsection 68(1) of the Veterans’ Entitlements Act; and (b) a reference to a war‑caused injury shall be read as including a reference to a defence‑caused injury and a reference to a war‑caused disease shall be read as including a reference to a defence‑caused disease.