JNGS and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by JNGS for the special rate of pension under the *Veterans' Entitlements Act 1984* (Cth). The Repatriation Commission opposed the application. The case was heard by Miss E A Shanahan, Member, of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether JNGS met the criteria for the special rate of pension, specifically the "alone" test as stipulated in section 24(2A)(d) of the Act. This test requires that a veteran's war-caused conditions must be the sole factor preventing them from undertaking remunerative work. The Tribunal also considered whether JNGS's gastro-oesophageal reflux disease (GORD) and sleep apnoea were war-caused conditions.

The Tribunal applied the interpretation of the "alone" test as established by the Full Court of the Federal Court in *Repatriation Commission v Richmond* and subsequently approved in *Beezly v Repatriation Commission*. This interpretation dictates that if any non-war-caused factor prevents, or contributes to preventing, the veteran from continuing remunerative work, the "alone" test will not be satisfied, even if that factor is of secondary importance. The Tribunal found that JNGS's headaches, which were not war-caused, contributed to preventing her from undertaking her last remunerative work. Furthermore, the Tribunal was satisfied beyond reasonable doubt that JNGS's GORD and sleep apnoea were not war-caused.

Consequently, the Tribunal determined that JNGS did not satisfy section 24(2A)(d) of the Act and therefore did not meet the eligibility criteria for the special rate of pension. The decision under review was affirmed.