Carnes and Repatriation Commission (Veterans’ entitlements)

The Administrative Appeals Tribunal considered a claim by Mr Carnes for an increase in his disability pension under the *Veterans’ Entitlements Act 1986* (Cth). The dispute centred on whether Mr Carnes satisfied the "alone test" as prescribed by section 24(1)(c) of the Act, or its equivalent for those over 65, section 24(2A)(d). The Repatriation Commission was the respondent.

The primary legal issue before the Tribunal was to determine if Mr Carnes was prevented from continuing his last remunerative work solely by reason of a war-caused injury or disease. This involved an examination of the meaning of "prevented" and the application of the "alone test" in the context of Mr Carnes' circumstances, including his age and the nature of his work and incapacity. The Tribunal noted that if Mr Carnes satisfied this test, the Commission conceded that he had suffered a loss of earnings and that other requirements of section 24(2A) would be met.

The Tribunal applied the principles established in *Flentjar v Repatriation Commission* and elaborated upon in subsequent Federal Court decisions, particularly *Repatriation Commission v Richmond*. These authorities clarify that the "alone test" requires the war-caused condition to be the sole factor preventing the veteran from continuing their last remunerative work. If any non-war-caused factor contributes to preventing the veteran from working, even if it is of secondary weight, the alone test will not be satisfied. The Tribunal considered the evidence regarding Mr Carnes' physical limitations due to his lumbar spondylosis and chronic back strain, as well as a shoulder injury, and the extent to which these conditions, both war-caused and non-war-caused, impacted his ability to perform his previous work as a farmer and in his fencing business.

The Tribunal set aside the decision under review and substituted its own decision, finding that Mr Carnes qualified for payment of the disability pension at the special rate. The matter was remitted to the Repatriation Commission to calculate the date from which Mr Carnes became eligible to receive payment at this special rate.