McGuire, W.G. v. Repatriation Commission [1987] FCA 431

McGuire, W.G. v. Repatriation Commission [1987] FCA 431

The Tribunal erred in failing to apply the presumption that, absent his war-caused disabilities, the applicant would have continued in his employment until age 65. Accordingly, the applicant was eligible for the special rate during that closed period; subsequently, eligibility for the special rate after 65 should be remitted to the Tribunal for further determination with evidence.

Parties
Applicant: William Gordon McGuire; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
10 August 1987
Procedural Posture
Appeal / Judgment on Appeal From the Administrative Appeals Tribunal
Outcome
Appeal allowed with costs; matter remitted to Tribunal
Legal Topics
Disability Pension, Special Rate Pension, War Caused Incapacity, Remittal to Tribunal
Veterans' Affairs Administrative Law Disability Pension Special Rate Pension War Caused Incapacity Remittal to Tribunal

Case Brief

Summary, issues, holding and outcome

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Parties

William Gordon McGuire

Applicant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Administrative Appeals Tribunal

Legal Issues

  1. 1 Whether the criteria in s.24(1)(c) of the Veterans' Entitlements Act 1986 are to be considered as at the date of application or date of retirement
  2. 2 Whether the presumption of continuance of employment applies to s.24(1)(c)
  3. 3 Whether eligibility for special rate depends on continuing economic loss

Ratio Decidendi

The Tribunal erred in failing to apply the presumption that, absent his war-caused disabilities, the applicant would have continued in his employment until age 65. Accordingly, the applicant was eligible for the special rate during that closed period; subsequently, eligibility for the special rate after 65 should be remitted to the Tribunal for further determination with evidence.

Court Disposition

Appeal allowed with costs; matter remitted to Tribunal

Orders

  • The appeal is allowed with costs.
  • The claim for a pension at the special rate is remitted to the Tribunal for a further hearing with evidence.