Canuto and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered an application by Mr Canuto for a pension payable at the special rate under the *Veterans' Entitlements Act 1986* (Cth). The Repatriation Commission opposed the application.

The Tribunal was required to determine whether Mr Canuto met the criteria for a special rate pension, specifically whether he was capable of undertaking remunerative employment exceeding an aggregate of 8 hours per week, and whether his cessation of remunerative work and any resultant loss of income were solely due to a war-caused injury or war-caused disease.

The Tribunal found that Mr Canuto did not satisfy the requirements of section 24(2A) of the Act. It concluded that he was capable of undertaking remunerative employment exceeding 8 hours per week. Furthermore, the Tribunal was satisfied that Mr Canuto did not cease his last remunerative work solely due to a war-caused injury or disease, nor had he suffered a loss of income or wages as a result of such injury or disease alone.

Consequently, Mr Canuto's application for a pension payable at the special rate was refused, and the decision of the respondent was affirmed. The Tribunal noted that while the respondent obliquely raised the issue of eligibility for an Extreme Disablement Adjustment, it was not a squarely raised issue and it would be unfair to make a finding on that matter.