Stark and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Stark for an increase in his disability pension, specifically seeking payment at the Special or Intermediate rate. The dispute before the Administrative Appeals Tribunal (AAT) revolved around whether Mr Stark's accepted war-caused conditions, including Post-Traumatic Stress Disorder (PTSD) and tinea, rendered him incapable of undertaking remunerative work for periods aggregating more than eight hours per week, thereby satisfying the "alone test" under the *Veterans' Entitlements Act 1986* (Cth).

The Tribunal was required to determine if Mr Stark met the criteria for payment of a disability pension at the Special Rate, as stipulated in section 24 of the Act. This involved assessing whether his incapacity from war-caused injury or disease, considered in isolation, was sufficient to prevent him from working more than eight hours per week. The Tribunal also needed to consider the second limb of section 24(1)(c), which relates to the loss of salary, wages, or earnings due to the war-caused condition.

The Tribunal found that several preliminary criteria for the Special Rate pension were met, including Mr Stark's age and his entitlement to a Disability Pension at 90 percent of the General Rate. Crucially, the Tribunal considered the medical evidence regarding Mr Stark's PTSD and tinea. Reports from Dr Janis Carter indicated that Mr Stark was totally and permanently incapacitated for work due to his PTSD, and that this condition alone prevented him from working even eight hours per week. Dr Seemeen Parvez's assessment also supported the view that Mr Stark's PTSD and anger restricted his capacity to work to less than eight hours per week. The Tribunal also accepted that the tinea condition, particularly when requiring the wearing of closed footwear, would be an obstacle to returning to work. The Tribunal concluded that Mr Stark had suffered a loss of earnings as a result of his war-caused conditions.

Accordingly, the Tribunal determined that Mr Stark met all the criteria for the Special Rate of pension from 14 January 2015. The decision under review was set aside, and Mr Stark was found to be entitled to pension at the Special Rate from that date.