5. When considered in combination, work history and work type can help determine a classification of the type of work the veteran was undertaking which is particularly relevant for those veterans who have had a very wide range of work. Broadly categorised, these classifications could be referred to as Specialised, General and Contextual.

6. Specialised –for example, a veteran who has only ever worked as an accountant. In coming to this classification, an analysis of the skill set and qualifications the veteran has, as well as the environment that they undertook the work in needs to be considered.

7. General – for example, a veteran who has worked in multiple jobs, normally involving the same duties or activities, such as labouring work. Whereas the veteran may have had a skill set that is shared across all the jobs that they undertook and the environment that they were undertaken in was similar, the differentiation in actual jobs may preclude a specialised classification. In these situations, a general classification of something like 'labouring' may be more appropriate in order for consideration of whether the veteran's accepted conditions alone prevented them from continuing to undertake the normal remunerative work they were undertaking or any other type of work in their employment history.

8. Contextual – could be applied when a specialised or general classification is inappropriate. This classification could be used on the rare occasion where the environmental factors of a veteran's previous employment are the only common factor to their type of employment and the substantial reason they were prevented from continuing in that employment, either resulting in ceasing the work or being restricted on a material basis. This could then be classified as something like 'high pressure office work' where the context of the work dictates the classification of the type of work that the veteran was prevented from continuing to undertake. It is envisaged that this classification would be used rarely, but demonstrates that the classification of remunerative work is not contained to particular jobs or work in a particular field.

9. Classification of the type of work undertaken by the veteran can then be used to determine whether at any time in the past, that type of work was affected enough by their accepted conditions alone to prevent them from continuing to undertake that remunerative work (i.e. resulting in ceasing the work, or a material change in the nature of the work) (i.e. the determined classification of work), and that the medical and specialist opinion confirms this.

10. The four questions below are based on current case law relating to the Special Rate and Intermediate Rate provisions and are to be asked to establish whether the Work History test has been satisfied.

i.What was the relevant 'remunerative work that the veteran was undertaking' within the meaning of p24(1)(c) for Special Rate or p23(1)(c) for Intermediate Rate of the Act?

ii.Is the veteran, by reason of their accepted condition/s, prevented from continuing to undertake their normal remunerative work or any other type of work in their employment history i.e. has there been a material change in the remunerative work they were undertaking?

iii.If the answer to question ii is yes, is the veteran's accepted condition/s the only factor or factors preventing them from continuing to undertake that work?

iv.If the answers to questions ii and iii are yes, is the veteran by reason of being prevented from continuing to undertake remunerative work, suffering a loss of salary, wages or earnings on their own account that they would not be suffering if they were free of that incapacity?

11. These four questions sum up succinctly the requirements of the Work History Test for veterans under the age of 65 with further discussion relating to the fourth question, below.

12. Extracts from relevant cases about classification of type of work can be found at Attachment D.