Weeks and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by a veteran for an increase in the rate of their disability pension under the *Veterans' Entitlements Act 1986* (Cth). The veteran sought a special rate pension, alleging a war-caused injury or disease, specifically post-traumatic stress disorder, had resulted in a significant loss of earnings. The Repatriation Commission had previously made a decision regarding the veteran's pension entitlement, which was now under review by the Tribunal.

The primary legal issues before the Tribunal were whether the veteran satisfied the criteria for a special rate pension, particularly concerning their capacity for remunerative work. This involved interpreting and applying sections 24(1)(b) and 24(1)(c) of the Act, which set out different thresholds for incapacity. The Tribunal also had to consider the scope of section 28, which dictates the specific matters the Commission must have regard to when assessing a veteran's incapacity to undertake remunerative work, and whether external factors such as market conditions were relevant.

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. Section 28 limits the assessment of incapacity to the veteran's vocational skills, the types of work they might reasonably undertake, and the degree to which their impairment reduces their capacity for such work, excluding other considerations like market conditions. The Repatriation Commission conceded that the veteran met the requirements of section 24(1)(b), acknowledging the veteran's skills in areas like real estate and property management. However, the Tribunal ultimately found that the veteran had not satisfied the second limb of section 24(1)(c).

Consequently, the Tribunal affirmed the decision under review.