de Waard and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by the Veteran against a decision of the Repatriation Commission regarding his eligibility for a special rate pension. The Veteran, who had a distinguished naval career, sought to have his disability pension increased to the special rate, arguing that service-caused conditions prevented him from continuing in his maritime career. The core dispute revolved around the assessment period for his eligibility and the date from which any increased pension should be paid.

The Administrative Appeals Tribunal (AAT) was required to determine several legal issues. These included identifying the relevant assessment period for the Veteran's claim, whether he met the preliminary criteria for a special rate pension under section 24 of the *Veterans' Entitlements Act 1986* (Cth), and crucially, whether he was totally and permanently incapacitated due to service-caused conditions alone. Furthermore, the Tribunal had to ascertain if, by reason of such incapacity, the Veteran was prevented from continuing his remunerative work and if this prevention resulted in a loss of salary or wages that he would not have suffered had he been free of the incapacity. Finally, the AAT needed to determine the effective date for any special rate pension awarded.

The Tribunal's reasoning focused on applying the criteria set out in section 24 of the Act to the evidence presented. It found that the Veteran met the requirements for the special rate pension during specific periods, notably between 11 November 2014 and August 2015, and again from 6 September 2019. The Tribunal considered the Veteran's loss of his Master's licence due to hearing impairment, which occurred in September 2014, and his inability to secure alternative onshore employment due to his specialised maritime career. The Tribunal also addressed the issue of the effective date of payment, noting that the Veteran's application for review was made outside the usual three-month window.

Ultimately, the Tribunal set aside the previous decision and substituted a new decision. It found that the Veteran met the requirements of section 24(1)(c) of the Act from 11 November 2014 to August 2015 and again from 6 September 2019. In relation to the date of effect, the Tribunal determined that, by virtue of section 177(2)(b)(ii) of the Act, the earliest date for payment of the increased pension was the date on which the application for review was made, which was 21 June 2017.