Whitehouse and Repatriation Commission (Veterans’ entitlements)

This matter concerned an application for review by Mr Whitehouse regarding the intermediate rate of pension under the *Veterans’ Entitlements Act 1986* (VE Act). The core dispute revolved around the interpretation of "the remunerative work (last paid work)" that Mr Whitehouse was undertaking before he made his claim for an increased pension. Mr Whitehouse, a solicitor, had reduced his working hours due to the effects of prostate cancer treatment, which was an accepted war-caused disability.

The legal issues before the Tribunal were whether Mr Whitehouse met the criteria for the intermediate rate of pension, specifically concerning the requirement that his incapacity from war-caused injury or disease alone prevented him from continuing the remunerative work he was undertaking and resulted in a loss of earnings. This involved determining the meaning of "remunerative work that the veteran was undertaking" and whether a reduction in hours constituted ceasing to undertake that work.

The Tribunal considered the provisions of section 23 of the VE Act, particularly subsection (3A)(e) and (g), which relate to being prevented from continuing "last paid work" and the duration of that work. The Tribunal noted the decision in *Repatriation Commission v Connell* (2011) FCAFC 116, where the Full Court of the Federal Court held that "remunerative work" should not be interpreted restrictively and that a reduction in the hours or nature of work due to incapacity could mean a veteran is not continuing the "same remunerative work." However, the Tribunal distinguished Mr Whitehouse's situation, finding that he had not stopped undertaking his work as a solicitor, even though he had reduced his hours. The Tribunal concluded that Mr Whitehouse was unable to satisfy subsection (3A)(e) because he was not prevented from undertaking his work as a solicitor, and subparagraph (g) could not be satisfied as he had not stopped undertaking his last paid work.

The Tribunal affirmed the decision under review.