Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1931. No. 94.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’

REPATRIATION ACT 1920–1931.

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 1920–1931, to come into operation on the 30th July, 1931.

Dated this twenty-fourth day of July, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

J. McNeill

Minister of State for Repatriation.

 

Amendment of Australian Soldiers’ Repatriation Regulations.

(Statutory Rules 1925, No. 110, as amended to this date.)

1. Regulation 3 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by adding at the end of the definition of “Child” the words “, but does not include—

(i) any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or

(ii) any child born to a soldier after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies from the results of an occurrence happening during the period he was a member of the Forces;”; and

(b) by inserting, after the definition “Vocational Training Committee”, the following definition:—

“ ‘Wife, in relation to a soldier, does not include any wife married to a soldier after the first day of October One thousand nine hundred and thirty-one.”.

2. Regulation 4 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by adding, at the end of the definition of “Child”, the words “but does not include any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one”; and

2132.—Price 3d.

 

(b) by adding at the end of the definition of “Dependants” the words ”, but does not include any wife married, or child born, to a member of the Forces after the first day of October, One thousand nine hundred and thirty-one.

Provided that any such child born after that date whose father dies from the results of an occurrence happening during the period life was a member of the Forces shall be deemed to be a dependant”.

3. After regulation 47 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—

Regulations of allowances.

“47a.—(1.) Notwithstanding anything contained in these Regulations, the amount of any sustenance or allowance which but for this regulation and section 42 of the Financial Emercency Act 1931, would have been payable under these Regulations shall be reduced—

(a) by twenty per centum in the case of sustenance or allowances under regulations, 83, 89a, 89b, 89c, 89d, 89e, 89f, 89g, 89ga, 89h, 89i, 89k, 89l, and 89p; and

(b) by twenty-two and one half per centum in the case of—

(i) allowances under paragraphs (a) and (b) of sub-regulation (1.) of regulation 89c; and

(ii) allowances under regulations 89q, and 89r, in respect of a dependant or to a child of an incapacitated soldier.

“(2.) The reductions prescribed in sub-regulation (1.) of this regulation shall apply to all amounts payable on and subsequent to the thirtieth day of July One thousand nine hundred and thirty-one.”.

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

Rates of sustenance while undergoing medical treatment.

“77.— (l.) Where a Departmental Medical Officer certifies that the necessities of treatment for a disability due to or materially aggravated by war service prevent a soldier from following his usual occupation, a Deputy Commissioner may, for such period as a Departmental Medical Officer specifies in his certificate, grant sustenance allowance to the soldier in accordance with the following scale but so that the total income of the soldier shall not exceed the sum of amounts payable in accordance with that scale:—

In respect of—	Fortnightly Amount.
s.	d.
(i) the soldier....................................................................................................................................	84	0
(ii) the wife of the soldier................................................................................................................	27	10
(iii) the first child of a soldier..........................................................................................................	15	6
(iv) each additional child of a soldier with more than one child.....................................................	11	7

Provided that, in the case of a soldier without dependants, sustenance allowance shall not be payable where the soldier is undergoing inpatient treatment at an institution maintained at the public expense:

Provided further sustenance allowance shall not be payable, in any case of a soldier whose pension has been assessed at a rate not to be increased.

 

“(2.) For the purposes of this regulation, “total income” means the income of the soldier from all sources including the amounts payable under this regulation and the pensions granted in respect of himself, wife and children, as the case may be.”.

5. Regulation 85 of the Australian Soldiers’ Repatriation Regulations is amended by omitting paragraphs, (i) to (vi) (inclusive) and inserting in their stead the words “to an applicant sustenance in accordance with the scale of sustenance allowance contained in sub-regulation (1.) of regulation 77 of these Regulations, but so that his total income as defined in that regulation shall not exceed the sum of the amounts payable in accordance with that scale”.

6. Regulation 89q of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting from paragraph (c) the words “and”; and

(b) by inserting, after paragraph (d) the following paragraph:—

“and; (e) in the case of a step-son, step-daughter, adopted son or adopted daughter—became a dependant before the first day of July One thousand nine hundred and thirty-one.”.

7. Regulation 102a of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end of the definition of “eligible child” the words “, but does not include—

(i) any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or

(ii) any child born to a soldier after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies from the results of an occurrence happening during the period he was a member of the Forces;”.

8. Regulation 103a of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end of the definition of “Orphan”, the words “or any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one”.

 

By Authority: H. J. Green, Government Printer, Canberra.