Bradd v. Repatriation Commission

[2002] AATA 321

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Re: Warren Herbert Bradd - Applicant
And: Repatriation Commission - Respondent

Tribunal:

Member: Mr I R Way, Member

Subject References:
VETERANS' AFFAIRS
disability pension assessment
special rate of pension
whether incapacity war-caused
whether incapacities render applicant incapable of undertaking any remunerative work
whether incapacity alone is preventing continued work
whether applicant is genuinely seeking to engage in remunerative work or whether, but for his incapacity, he would be continuing so to seek to engage remunerative work

Legislative References:
Veterans' Entitlement Act 1986 - the Act

Case References:
Hall v Repatriation Commission - (1994) 33 ALD 453
Cavell v Repatriation Commission - (1988) 9 AAR 534
Sheehy v Repatriation Commission - (1996) 137 ALR 223
Repatriation Commission v Strickland - (1990) 12 AAR 412

Hearing date: 3 April 2002
Decision date: 3 May 2002

Brisbane

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Decision

The Tribunal affirms the decision under review.