Stevenson and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered the case of Mr. Stevenson, who sought to be granted a pension at the Special Rate under the *Veterans' Entitlements Act 1986* (Cth). The dispute centred on whether Mr. Stevenson's degree of incapacity from war-caused injury or disease was such that it alone prevented him from undertaking remunerative work. The Repatriation Commission had previously decided against granting the Special Rate pension.

The Tribunal was required to determine if Mr. Stevenson met the criteria for the Special Rate pension, specifically the "alone test" under section 24(1)(c) of the Act. This involved assessing whether his incapacity from war-caused injury or disease was the sole reason preventing him from continuing remunerative work and causing a loss of earnings he would not otherwise suffer. The Tribunal also had to consider whether any ameliorating provisions of the Act applied, and whether other factors, such as age, lack of recent work experience, or non-war-caused conditions, contributed to his inability to work.

The Tribunal affirmed the decision under review, finding that Mr. Stevenson did not satisfy the "alone test." While acknowledging his accepted war-caused conditions, the Tribunal found that other factors, including his redundancy due to outsourcing, his age (64 at the time of redundancy), and concerns regarding his alcohol consumption, played a significant role in preventing him from undertaking remunerative work. The Tribunal relied on the principle established in *Richmond* that for the Special Rate to apply, the incapacity from war-caused injury or disease must be the sole reason for being unable to work, and the presence of other contributing factors, even if secondary, would disqualify a veteran from this higher rate of pension. Furthermore, the Tribunal found that Mr. Stevenson's efforts to seek employment after his redundancy did not constitute a genuine and ongoing search for remunerative work as contemplated by the Act.