Pamela Norton as Personal Legal Representative of the late Kenneth Norton and Repatriation Commission (Veterans’ entitlements)

The Administrative Appeals Tribunal considered the application of Pamela Norton, as the personal legal representative of the late Kenneth Norton, for review of a decision by the Repatriation Commission concerning veterans' entitlements. The dispute centred on Mr. Norton's eligibility for payment at the Special Rate of pension under section 24 of the *Veterans’ Entitlements Act 1986* (VEA). The Veterans’ Review Board had previously refused his application for this higher rate of pension.

The Tribunal was required to determine whether Mr. Norton met the criteria for the Special Rate pension, specifically whether he was genuinely seeking to engage in remunerative work and whether he had made a reasonable assessment of his disabilities leading him to conclude he could only be employed in a particular type of work. The core of the contention lay in the application of section 24(2)(b) of the VEA, an ameliorating provision designed to assist veterans who had not been engaged in remunerative work but were genuinely seeking it, and whose incapacity was the substantial cause of their inability to obtain work.

The Tribunal reasoned that while Mr. Norton had a distinguished career and had ceased remunerative work, the evidence suggested he intended to return to his specialised field. Despite offers of work and his own desire to resume his career, his health setbacks, particularly the progression of his cancer, ultimately prevented him from doing so. The Tribunal found that Mr. Norton's incapacity was the substantial cause of his inability to obtain work, and that he was genuinely seeking to re-engage in remunerative work, even if he had not actively sought out new employment opportunities due to the expectation of returning to his previous role. The Tribunal also considered that his cessation of work in March 2011 could be characterised as taking a break or unpaid leave, given his transfer to the Active Reserve.

Consequently, the Tribunal set aside the decision under review and substituted a new decision. Mr. Norton's pension was to be paid at the Special Rate from and including 3 April 2013.