43Application of sections 120 and 139 of Veterans’ Entitlements Act to reviews by the Board

43 Application of sections 120 and 139 of Veterans’ Entitlements Act to reviews by the Board

(1) Subject to subsection (2), where the Board reviews, on or after the commencing date, a decision or determination of the Commission made before that date, section 139 of the Veterans’ Entitlements Act applies to and in relation to the review, and, for the purpose of its application in relation to the review, the Commission shall be deemed to have the powers and discretions conferred on it by the Veterans’ Entitlements Act in its application by virtue of the provisions of this Act. (2) Where, on or after the commencing date, the Board reviews, upon an application that was made to it before 15 May 1985, a decision of the Commission with respect to a claim for a pension, the Commission shall be deemed to have the powers and discretions conferred on it by: (a) the provisions of the Veterans’ Entitlements Act, other than section 120 of that Act; and (b) the provisions of subsections 42(3) and (4) of this Act.