Brunswick and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered the case of Mr Brunswick and the Repatriation Commission concerning the correct date for calculating Mr Brunswick's service pension at the partnered rate. The dispute arose from an overpayment of his service pension, which was attributed to the date on which he was deemed to have entered into a de facto relationship with Mrs Linda Terry.

The primary legal issue before the Tribunal was to determine the commencement date of Mr Brunswick's de facto relationship with Mrs Terry, as this date dictated when his service pension should be reassessed at the partnered rate. This determination required an examination of the evidence presented regarding the nature and progression of their relationship, particularly in light of the provisions of section 11A of the *Veterans' Entitlements Act 1986* (Cth), which outlines the factors to be considered when assessing whether two people are living in a de facto relationship.

The Tribunal's reasoning focused on the conflicting accounts provided by Mr Brunswick and Mrs Terry regarding the commencement of their de facto relationship. While an initial claim form indicated a commencement date of 19 December 2015, both parties later asserted this was a mistake. Evidence suggested that Mr Brunswick continued to reside primarily in his own home in Collie until its sale in April 2016, making regular weekend visits to Mrs Terry's residence. The Tribunal considered various aspects of their relationship, including financial arrangements, living arrangements, social activities, and their commitment to each other, as outlined in section 11A of the VEA. Ultimately, the Tribunal found that the evidence supported the initial claim that the de facto relationship commenced on 19 December 2015, and therefore the service pension was correctly calculated at the partnered rate from that date.