Simmons and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered the case of a veteran seeking a special rate pension, where the veteran was already in receipt of a 100% general rate disability pension and suffered from multiple accepted and non-accepted conditions. The dispute centred on whether the veteran met the criteria for a special rate pension under the *Veterans' Entitlements Act 1986* (Cth), specifically concerning their capacity for remunerative work.

The primary legal issues before the Tribunal were whether the veteran's accepted conditions were the substantial cause of their inability to obtain work, and whether they were "genuinely seeking" work, as required by sections 24(1)(c) and 24(2)(b) of the Act. The Tribunal also considered the distinction between section 24(1)(b), which relates to total incapacity for remunerative work, and section 23(1)(b), which contemplates partial or intermittent capacity for work.

The Tribunal noted that section 24(1)(b) requires a veteran to be incapable of undertaking remunerative work for periods aggregating more than eight hours per week, whereas section 23(1)(b) allows for capacity to work up to 50% of full-time hours or more than 20 hours per week. While the veteran's total and permanent incapacity under section 24(1)(b) was not pressed by the Commission, the Tribunal proceeded on the assumption that this limb was met, given the beneficial nature of the legislation. However, the Tribunal found that the veteran had not satisfied the first limb of section 24(1)(c), which requires the accepted conditions to be the substantial cause of the inability to obtain work.

Consequently, as the first limb of section 24(1)(c) was not met, it was unnecessary for the Tribunal to consider the second limb concerning whether the veteran was genuinely seeking work. The decision under review was affirmed.