Clearihan and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by the applicant for a special rate of pension under the *Veterans’ Entitlements Act 1986* (Cth) for a specific relevant period. The applicant contended that he met the criteria for this special rate pension, which would attract a higher payment than his existing pension. The decision was made by Senior Member R Cameron of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were whether the applicant satisfied the requirements of section 24(2A) of the *Veterans’ Entitlements Act 1986* (Cth) for the relevant period. Specifically, the Tribunal needed to determine if the applicant met the criteria related to his incapacity from war-caused conditions, the "alone test" concerning non-war-caused conditions, and the loss of earnings test, particularly in light of his age and a voluntary redundancy package. Several concessions were made by the respondent, significantly narrowing the scope of the issues to be determined.

The Tribunal accepted the evidence presented, including that of the applicant, his wife, and his former line manager. Applying section 24(2A) of the Act, and taking into account the concessions made by the respondent, the Tribunal found that the applicant met the eligibility criteria for the special rate of pension for the period from 24 April 2015 up to and including 30 September 2016. Consequently, the Tribunal varied the decision of the respondent, ordering that the applicant be paid a disability pension under section 24 of the Act for this specified period, with the assessment to be calculated from 24 April 2015. From 1 October 2016, the applicant's disability pension was to revert to 80% of the General Rate.