Lombardini and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mrs Lombardini for an increase in her disability pension from the general rate to the special rate under the *Veterans’ Entitlements Act 1986* (Cth) (VEA). The Repatriation Commission (the Respondent) had refused the increase, determining that Mrs Lombardini's accepted disabilities did not "alone" prevent her from engaging in remunerative work. The Administrative Appeals Tribunal, constituted by M Evans-Bonner SM, was required to determine whether Mrs Lombardini was eligible for the special rate of pension.

The primary legal issue before the Tribunal was whether Mrs Lombardini satisfied the criteria for the special rate of pension as set out in section 24(1) of the VEA. Specifically, the Tribunal had to consider whether her accepted war-caused or other disabilities were the sole reason she was unable to engage in remunerative work during the relevant assessment period, applying the "alone" test stipulated in section 24(1)(c).

The Tribunal found that Mrs Lombardini did satisfy the eligibility criteria for the special rate. In reaching this conclusion, the Tribunal considered the evidence presented, including medical reports and Mrs Lombardini's own testimony regarding her cessation of work and the impact of her conditions. The Tribunal determined that the accepted disabilities were indeed the sole cause preventing her from engaging in remunerative work, thereby meeting the requirements of section 24(1)(c) of the VEA. Consequently, the Tribunal set aside the Reviewable Decision and substituted it with a decision that Mrs Lombardini was eligible for the special rate of pension.