Lee and Repatriation Commission (Veterans’ entitlements)

The applicant, Nae Ham Lee, sought review of a decision by the Repatriation Commission which affirmed a prior decision that he was ineligible to register for the Pension Bonus Scheme. The Pension Bonus Scheme, designed to incentivise older Australians to remain in the workforce, provided a tax-free lump sum payment to individuals who voluntarily deferred retirement for at least one year after reaching pension age. This scheme closed to new registrations on 1 July 2014.

The primary legal issue before the Tribunal was whether Mr Lee's application to register for the Pension Bonus Scheme, lodged on 16 December 2014, was valid, given that the scheme had closed to new registrations on 1 July 2014. Mr Lee contended that he had become aware of the scheme upon its introduction approximately ten years prior and had made an informal inquiry about his eligibility for a service pension and related benefits, including the Pension Bonus Scheme, on 24 January 2013. He explained that delays in lodging his formal application were due to the need to obtain service documents from Korea, damage to the initial claim form during a house move, and the requirement for witnesses.

The Tribunal acknowledged the applicant's circumstances and the reasons for the delay in lodging his claim. However, the Tribunal found that the relevant legislation, specifically section 45TD of the *Veterans’ Entitlements Act 1986* (Cth), clearly stipulated that registration for the Pension Bonus Scheme closed on 1 July 2014. The Tribunal concluded that it had no discretion to extend this statutory deadline. Consequently, the decision under review was affirmed.