Australian Soldiers' Repatriation Regulations 1920 (Amendment) (Cth)

STATUTORY RULES.

1920. No. 243.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Australian Soldiers’ Repatriation Act 1920, to come into operation as from the first day of December, 1920.

Dated this twenty-fifth day of November, 1920.

FORSTER,

Governor-General.

By His Excellency’s Command,

ARTHUR S. RODGERS,

Acting Minister of State for Repatriation.

 

Amendment of Australian Soldiers’ Repatriation Regulations 1920.

(Statutory Rules 1920, No. 112, as amended by Statutory Rules 1920, Nos. 125 and 151.)

After Part VI. of the Australian Soldiers’ Repatriation Regulations the following part and regulations are inserted:—

Part VIa.—Living Allowance.

Unmarried soldier with mother.

“89a. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to a temporarily totally incapacitated unmarried soldier with a mother who—

(a)has a husband so incapacitated as to be unable to contribute materially to her support;

(b) was married to such husband prior to the enlistment of the soldier; and

(c) is dependent on the soldier—

such allowance, whilst they are resident within the Commonwealth, as will insure to the soldier an income not exceeding 62s. per week, inclusive of their combined pensions:

Provided that this regulation shall not apply to any soldier unless the incapacitation of the father occurs prior to or within three years after the discharge of the soldier.

Unmarried soldier with incapacitated father.

89b. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to a temporarily totally incapacitated unmarried soldier with a father who—

(a) is incapacitated;

(b) is a widower; and

(c) is dependent on the soldier—

such allowance, whilst they are resident within the Commonwealth, as will insure to the soldier an income not exceeding 57s. per week, inclusive of their combined pensions:

Provided that this regulation shall not apply to any soldier unless the incapacitation of the father occurs prior to or within three years after the discharge of the soldier.

   

Widowed mother of soldier.

89c. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the widowed mother of a deceased unmarried soldier who was, prior to his enlistment, dependent upon him or would have been dependent upon him but for his enlistment prior to his reaching a reasonable earning capacity, and who is resident in the Commonwealth, such allowance as will insure to her an income not exceeding 35s. per week, inclusive of pension:

Provided that this regulation shall not apply to any widowed mother unless her husband’s death occurred prior to or within three years after the decease of the son.

Mother or deceased soldier with incapacitated husband.

89d. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the mother of a deceased unmarried soldier who—

(a) has a husband so incapacitated as to be unable to contribute materially to her support;

(b) was married to such husband prior to the enlistment of the deceased soldier; and

(c) was dependent on the deceased soldier prior to enlistment, or would have been dependent on him but for his enlistment prior to his reaching a reasonable earning capacity—

such allowance whilst they are resident within the Commonwealth as will insure to the parents an income not exceeding 25s. per week each, inclusive of their combined pensions:

Provided that this regulation shall not apply to any mother unless the husband’s incapacitation occurs prior to or within three years after the decease of the soldier.

Incapacitated father of soldier.

89e. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the father of a deceased unmarried soldier who—

(a) is incapacitated;

(b) is a widower; and

(c) was dependent on the deceased soldier prior to his enlistment, or would have been dependent on him but for his enlistment prior to his reaching a reasonable earning capacity—such allowance whilst he is resident in the Commonwealth as will insure to him an income not exceeding 30s. per week inclusive of pension:

Provided that this regulation shall not apply to any father unless his incapacitation occurs prior to or within three years after the decease of the soldier.

Divorced, deserted, &c., mother of deceased soldier.

89f. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant—

(a) to the divorced, deserted or unmarried mother; or

(b) to the widowed, deserted or divorced stepmother—

of a deceased unmarried soldier who was prior to his enlistment dependent upon him, or would have been dependent upon him but for his enlistment, prior to his reaching a reasonable earning capacity, and who is resident within the Commonwealth, such allowance as will insure to her an income not exceeding 30s. per week, inclusive of pension:

Provided that this regulation shall not apply to any mother unless the divorce, desertion or death of the husband occurs prior to or within three years after the decease of the son.

 

Children of deceased soldier where a widow re-marries.

89g. A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, grant to the children of a deceased soldier, where the widow of that soldier re-marries whilst resident in the Commonwealth, an allowance of 5s. per week each, in addition to pension, provided that—

(a) the children are in necessitous circumstances, and are over the age of 10 years;

(b) the widow is not in receipt of a widow’s pension; and

(c)the step-father is deceased or incapacitated, or has neglected his parental obligations.

Children of deceased soldier who are motherless, deserted, &c.,

89h. A Board may, subject to such conditions as are from time to time laid down by the Commission, and having regard to the circumstances of the case, grant to the children of a deceased soldier—

(a) who are motherless;

(b) who are deserted by their mother;

(c) who are neglected by their mother so as to necessitate their removal from her care; or

(d) whose mother is an inmate of a mental institution—

an allowance of 5s. per week each, in addition to pension, provided that the children—

(i) are in necessitous circumstances; and

(ii) are placed with guardians.

Widow and children of soldier who dies within three years after discharge.

89i. (1) A Board may, subject to such conditions as are from time to time laid down by the Commission and having regard to the circumstances of the case, in the case of a soldier who dies from any cause within three years after the date of his discharge grant to the widow and children, whilst resident in the Commonwealth for such period as the Commission determines, an allowance inclusive of their combined pensions, not exceeding 20s. per week for the widow and 3s. 6d. per week for each child:

Provided that she is or they are in necessitous circumstances.

(2) For the purpose of this regulation “widow” means a person who was prior to the death of a soldier recognised as his wife although not legally married to him.

Sustenance and Living Allowances not to be received at same time.

89j. Notwithstanding anything contained in this or the last preceding Part of these regulations, no person shall receive at one and the same time, a Sustenance Allowance in pursuance of the last preceding Part, and a Living Allowance in pursuance of this Part.”

 

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