Ducat and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by the Applicant, a veteran, for an increase in his disability pension to the intermediate rate. The dispute centred on whether the Applicant's defence-caused incapacity rendered him incapable of undertaking remunerative work for more than 20 hours per week. The Administrative Appeals Tribunal (AAT) was required to determine this question.

The legal issues before the Tribunal were whether the Applicant's defence-caused incapacity, of itself, rendered him incapable of undertaking remunerative work for more than 20 hours per week, or 50% of what is ordinarily worked in a particular kind of work. This required an examination of the Applicant's vocational, trade, and professional skills, qualifications, and experience, and the degree to which his physical or mental impairment reduced his capacity to undertake remunerative work. The Tribunal was also required to consider the specific matters outlined in section 28 of the *Veterans' Entitlements Act 1986* (VEA), which exclusively govern the assessment of a veteran's capacity to undertake remunerative work.

The Tribunal reasoned that the assessment of the Applicant's capacity to undertake remunerative work must focus solely on the impact of his service-caused disabilities. It noted that the Applicant had a history of employment in roles related to his RAAF training as an Engine Fitter, including as a Disposal Assessor and a Publication Manager, which involved both office-based and physically demanding tasks. The Tribunal considered the Applicant's evidence regarding his difficulties with sitting for extended periods due to neck and back problems, and his limited typing proficiency. Crucially, the Tribunal found that while the Applicant had experienced syncopal episodes which he stated impeded his ability to work, these episodes had ceased by May 2013. Therefore, the Tribunal determined that prior to this date, a non-accepted disability had impacted his work capacity.

The Tribunal set aside the decision under review and substituted a new decision. Disability pension was ordered to be payable to the Applicant at 90% of the General Rate from 25 November 2010 up to 14 May 2013, and thereafter at the Intermediate Rate from 15 May 2013.