New and Repatriation Commission (Veterans' entitlements)

This case concerned an application for a special rate of disability pension under the *Veterans' Entitlements Act 1986* (Cth). The applicant, Mr New, sought to be assessed as totally and permanently incapacitated (TPI) due to a range of accepted service-caused conditions, including various spinal and knee conditions, tinnitus, hearing loss, and adjustment disorder. The dispute centred on whether Mr New was incapacitated for work by these conditions alone, and whether an ameliorating provision applied. The Administrative Appeals Tribunal (AAT) affirmed the delegate's decision to refuse the special rate pension.

The AAT was required to determine two primary issues. First, whether the applicant was incapacitated from working more than eight hours per week by virtue of his service-caused conditions. Second, if he was so incapacitated, whether these conditions alone were the sole factors preventing him from undertaking work, leading to a loss of salary or wages that he would not have suffered but for that incapacity. The applicant also had accepted conditions under other legislative schemes, which were relevant to the overall assessment of his health.

In its reasoning, the AAT considered the applicant's engagement with Disability Employment Services and a subsequent Job Plan. The applicant had registered with these services, which specialise in placing individuals with disabilities into employment. However, the applicant stated that he had not actively sought employment or submitted job applications because his provider had not identified any suitable positions for him. The AAT noted that the applicant had also been involved in volunteer work and social activities, which he described as low stress. The Tribunal ultimately found that the applicant had not demonstrated that he was genuinely seeking remunerative work, nor that his accepted service-caused conditions alone were the sole reason for his inability to work.

The AAT affirmed the delegate's decision. The Tribunal concluded that the applicant had not satisfied the criteria for a special rate pension, specifically regarding his incapacity for work and the sole causative effect of his service-related conditions.