Glossop and Repatriation Commission (Veterans' entitlements)

This matter concerned an application for the Special Rate of pension under the *Veterans' Entitlements Act 1986* (VEA). The applicant, who was assessed as entitled to a disability pension at 100% of the General Rate, sought to establish eligibility for the Special Rate, which requires satisfying a series of conditions, including the "alone test" and consideration of "ameliorating provisions." The applicant also sought to establish eligibility for the Intermediate Rate of pension. The decision was made by T Tavoularis SM.

The primary legal issues before the court were whether the applicant satisfied the criteria for the Special Rate of pension under section 24 of the VEA, specifically whether his accepted conditions alone prevented him from continuing to work and suffering a loss of salary, and whether the "ameliorating provisions" of section 24(2)(b) applied to assist him in meeting the "alone test." Additionally, the court was required to determine if the applicant was eligible for the Intermediate Rate of pension under section 23 of the VEA.

The court considered the applicant's age and the fact that he had lodged an application for an increase in pension rate and a claim for psychiatric injury. It was noted that the respondent conceded the applicant was under 65 at the time of the claim and that his incapacity from war-caused injury was recorded at 100% of the General Rate. However, the court found that the applicant did not meet the requirements of section 24(1) of the VEA for the Special Rate, nor did the ameliorating provisions of section 24(2)(b) apply to him. Furthermore, the court determined that the applicant was ineligible for the Intermediate Rate of pension as he did not meet the requirements of section 23(1) of the VEA.

Consequently, the court affirmed the decision under review, finding that the applicant was only entitled to disability pension at 100% of the General Rate. The applicant was therefore not entitled to the Special Rate or the Intermediate Rate of pension.