Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sheldon v Repatriation Commission [2014] FCA 1388 Citation: Sheldon v Repatriation Commission [2014] FCA 1388
Parties: JOHN SHELDON v REPATRIATION COMMISSION
File number: QUD 197 of 2014
Judge: COLLIER J
Date of judgment: 18 December 2014
Catchwords: DEFENCE AND WAR – appeal from decision of Administrative Appeals Tribunal affirming Veterans Review Board decision denying veteran applicant pension at rate higher than "general rate" – s 23 and s 24 Veterans' Entitlements Act 1986 (Cth) – veteran applicant suffers war-caused injuries – after military service applicant owned and operated backhoe business – after selling backhoe applicant engaged as employee backhoe operator and required to perform manual work as well as driving backhoe – Tribunal found applicant capable of working at least 10 hours per week as backhoe driver and not permanently incapacitated in accordance with criteria for "special rate" of pension – s 24(1)(b) – Tribunal found applicant's inability to continue work caused by selling of backhoe and not war-caused injury alone – s 24(1)(c) – whether Tribunal failed to consider whether applicant satisfied criteria for "intermediate rate" of pension under s 23 – whether Tribunal misconstrued phrase "remunerative work that the veteran was undertaking" in s 24(1)(c) or the phrase "remunerative work" in s 24(1)(b) – whether Tribunal adopted an unduly narrow approach to phrase "remunerative work" by considering particular duties in which applicant was engaged rather than type of employment undertaken
Legislation: Veterans' Entitlements Act 1986 (Cth) Pt II, Div 4, ss 19(5C), 19(6), 22, 23, 23(1), 23(1)(b), 23(1)(c), 23(1)(d), 23(2), 24, 24(1), 24(1)(b), 24(1)(c), 24(2), 28
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate