Martin and Military Rehabilitation and Compensation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal (AAT) considered a dispute between Mr. Martin and the Military Rehabilitation and Compensation Commission concerning Mr. Martin's claim for an additional payment for an eligible young person under the *Military Rehabilitation and Compensation Act 2004* (Cth).

The primary legal issue before the Tribunal was to determine the relevant date for calculating the eligibility of the young person for the additional payment. Specifically, the Tribunal had to ascertain whether the date of conception could be established on the balance of probabilities, as this date was crucial for determining the young person's eligibility under the Act.

Deputy President Rayment Oam Kc P reasoned that the Act required proof on the balance of probabilities for key dates. In this instance, the evidence presented did not allow for the definitive establishment of the date of conception. Consequently, the Tribunal was unable to find that the young person met the criteria for the additional payment based on the statutory provisions. The Tribunal noted that while the claim could not be substantiated under the Act, an "act of grace" payment might be considered by the Commission.