Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1948. No. 38.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1947.*

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 1920-1947.

Dated this eleventh day of March, 1948.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

H. C. BARNARD

Minister of State for Repatriation.

 

Amendments of the Australian Soldiers’ Repatriation Regulations. 

Commencement.

1. Regulations 4 and 5 of these Regulations shall be deemed to have come into operation on the twenty-eighth day of July, 1947.

Widowed mother.

2. Regulations 32 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead :—

“32.—(1.) A rate of pension not exceeding 100s. per fortnight may be assessed in accordance with the second item of paragraph (a)of the Third Schedule to the Act in the case of a widowed mother of a member who—

(a) was dependent upon the member prior to his enlistment or at any time during his service;

(b) is resident in the Commonwealth or any Territory of the Commonwealth; and

(c) would not be in receipt of an income from all sources (including the pension) exceeding per fortnight the amount prescribed by regulation 34a of these Regulations:

Provided that this regulation shall not apply in relation to any case so as to reduce the rate of pension payable to a rate less than the rate shown in column two of the First Schedule to the Act opposite to the rate of pay of the member.

 

* Notified in the Commonwealth Gazette on 15th March, 1948.

  Statutory Rules 1943, No. 233, as amended by Statutory Rules 1945, No. 48; 1946, No. 182; and 1947, Nos. 72, 106, 149 and 169.

7618.—Price 3d.

 

“(2.) For the purposes of this regulation, the widowed mother of a member shall be deemed to have been dependent upon the member prior to his enlistment if, at the time of the member’s enlistment, she would have been dependent upon the member but for his enlistment before he reached a reasonable earning capacity.”.

3. Regulation 34 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulations are inserted in its stead :—

Parent of deceased unmarried member.

“34.—(1.) Subject to the second proviso to the fourth item of paragraph (a) of the Third Schedule to the Act, a rate of pension may be assessed in accordance with the first proviso to that item in the case of a parent of a deceased unmarried member, being—

(a)his father, if he is incapacitated from earning his living and that incapacitation occurred prior to or within three years after the death of the member due to war service ;

(b)his mother, if her husband is incapacitated from earning his living and that incapacitation occurred prior to or within three years after the death of the member due to war service, and she was married to that husband prior to the enlistment of the member ;

(c) his mother, if she is divorced or has been deserted by her husband and the divorce or desertion occurred prior to or within three years after the death of the member due to war service ; or

(d)his step-mother, if she is widowed, divorced or has been deserted by her husband, if the death of the husband, the divorce or the desertion occurred prior to or within three years after the death of the member due to war service,

and if that parent—

(i) was dependent upon the member prior to his enlistment or at any time during service ;

(ii) is resident in the Commonwealth or any Territory of the Commonwealth ; and

(iii) would not be in receipt of an income from all sources (including the pension) exceeding per fortnight the amount prescribed by regulation 34a of these Regulations.

“(2.) For the purposes of this regulation, the parent of a deceased unmarried member shall be deemed to have been dependent upon the member prior to his enlistment if, at the time of the member’s enlistment, the parent would have been dependent upon the member but for his enlistment before he reached a reasonable earning capacity.

Standard allowed income in the case of widowed mothers and parents of deceased unmarried members.

“34a. The income from all sources (including the pension) referred to in paragraph (c) of sub-regulation (1.) of regulation 32 and in paragraph (iii) of sub-regulation (1.) of regulation 34, respectively, of these Regulations shall be—

(a)where the widowed mother or parent, as the case may be, is blind—an amount representing one twenty-sixth of the total sum per annum which may be received by a pensioner (being a permanently blind person) by way of income and pension under Part III. of the Social Services Consolidation Act 1947 or under any Act amending or affecting that Act; or

 

(b)in any other case—an amount representing one twenty-sixth of the total sum per annum which may be received by a pensioner (not being a permanently blind person) by way of income and pension under Part III. of that Act or under any Act amending or affecting that Act.”.

4. Regulation 77 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead :—

Payment of fare to place of employment.

“77.—(1.) When a member is being sent to employment, obtained either by himself or through the agency of the Department, a Deputy Commissioner may pay the member’s fare to the place of employment, if—

(a)the member has, prior to the expiration of eighteen months after the date of his discharge, applied for assistance under this regulation; and

(b)the member’s employer or prospective employer is not liable to pay the member’s fare in advance in accordance with custom or any industrial award, order or determination.

“(2.) Assistance under this regulation shall not be granted on more than one occasion, unless a Deputy Commissioner considers that the special circumstances of a particular case justify a further grant and so certifies and approves.”.

Removal expenses.

5. Regulation 103 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from paragraph (c) of sub-regulation (1.) the words “, and has not, prior to the date of application, had employment subsequent to his discharge for a period of twelve months or more in the aggregate”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.