Ward and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Ward for an increase in his disability pension from the Intermediate Rate to the Special Rate under the *Veterans' Entitlements Act 1986* (Cth) (VE Act). The decision was made by Senior Member Egon Fice of the Veterans Review Board.

The primary legal issue before the Senior Member was whether Mr Ward satisfied the eligibility requirements for the Special Rate of disability pension, specifically as stipulated in section 24(2A)(f) of the VE Act. This provision requires a veteran to have been undertaking their last paid work after reaching the age of 65 years to qualify for the Special Rate.

The Senior Member found that Mr Ward had ceased his remunerative work with the Gateway Church on 16 November 2010. Crucially, at this date, Mr Ward had not yet reached the age of 65 years. As Mr Ward had already turned 65 by the time he lodged his application for the Special Rate pension, he did not meet the criterion in section 24(2A)(f) of the VE Act. Consequently, the Senior Member affirmed the previous decision of the Veterans Review Board, which had continued Mr Ward's pension at the Intermediate Rate.