Withers and Repatriation Commission (Veterans' entitlements)

This matter concerned an interlocutory application by Mr Withers in his claim for an increase in the rate of his veterans' entitlement pension. The Repatriation Commission was the respondent. The application was heard by Mr S. Webb, Member.

The central legal issue before the Member was whether it was appropriate to consider aspects of Mr Withers' claim, specifically those relating to section 24(2)(b) of the *Veterans' Entitlements Act 1986* (Cth), in isolation from other relevant considerations pertaining to his overall claim for an increased pension rate.

The Member determined that it was not appropriate to sever the consideration of section 24(2)(b) from the broader context of Mr Withers' claim. The reasoning was that such an approach would require examining matters relevant to that specific provision independently, divorced from other factors that were integral to the assessment of his entitlement to an increased pension rate, including potential eligibility for the intermediate or special rates, or the extreme disablement adjustment.

The interlocutory application was therefore refused.