Lewis and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by Lewis (the Applicant) against a decision of the Repatriation Commission (the Respondent) regarding a claim for travel expenses. The core of the dispute revolved around whether the Applicant's claims, lodged after the statutory twelve-month time limit, should be accepted due to exceptional circumstances. The decision was made by Katter SM.

The legal issue before the Court was whether exceptional circumstances existed that would justify extending the twelve-month time limit for the Applicant's claim for travel expenses incurred between 29 May 2017 and 21 March 2018.

Katter SM found that the Applicant's significant health issues during the relevant period had a substantial mental and practical impact, preventing the timely submission of the claim. Applying the principles of section 112(3)(b) of the *Veterans’ Entitlements Act 1986* (Cth), the Court determined that these circumstances were sufficiently unusual, special, or uncommon to be considered exceptional. Consequently, the decision under review was set aside and remitted for reconsideration, with a direction that exceptional circumstances justified extending the time limit for the specified travel expenses.