Lahiff and Repatriation Commission (Veterans’ entitlements)

The Administrative Appeals Tribunal, through Deputy President Dr P McDermott RFD, considered the claim of Mr Robin Lahiff against the Repatriation Commission for an increase in his disability pension. Mr Lahiff sought to be paid at the special rate, a determination that had been previously considered by the Veterans’ Review Board, which had increased his pension to 90% of the general rate. Mr Lahiff’s application to the Tribunal sought a review of this decision.

The central legal issue before the Tribunal was whether Mr Lahiff met the criteria for a special rate pension under section 24(1) of the *Veterans’ Entitlement Act 1986* (Cth). Specifically, the Tribunal was required to determine if Mr Lahiff was, by reason of his defence-caused conditions alone, prevented from continuing to undertake remunerative work he was previously engaged in, and consequently suffering a loss of earnings he would not otherwise experience. While Mr Lahiff's eligibility for a pension at least at 70% of the general rate and his incapacity to undertake remunerative work for more than eight hours per week were not in dispute, the "alone" test under section 24(1)(c) remained a point of contention.

The Tribunal applied the principles established in cases such as *Repatriation Commission v Watkins* and *Flentjar v Repatriation Commission*, which clarify that the "alone" test requires that war-caused conditions must be the sole factor preventing the veteran from continuing remunerative work. If non-war-caused factors contribute to this incapacity, even to a secondary degree, the requirement is not met. The Tribunal considered the medical evidence and found that Mr Lahiff satisfied the criteria under section 24(1)(b) and, crucially, that his defence-caused conditions alone prevented him from continuing his previous remunerative work, thereby satisfying section 24(1)(c).

Consequently, the Tribunal set aside the previous decision and determined that Mr Lahiff was entitled to payment of pension at the special rate, with effect from 21 January 2015.