Australian Soldiers' Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES.

1923. No. 156.

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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920‑22.

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 1920‑1922, to come into operation as from 1st November, 1923.

Dated this nineteenth day of October, 1923.

FORSTER,

Governor‑General.

By His Excellency’s Command,

THOS. W. CRAWFORD,

for Treasurer.

 

Amendment of Australian Soldiers’ Repatriation Regulations 1920.

(Statutory Rules 1920, No. 112, as amended to this date.)

After regulation 89j of the Australian Soldiers’ Repatriation Regulations the following regulations are inserted in Part VI.a:—

Married soldier temporarily totally incapacitated.

“89k. 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 soldier who—

(a) is married; and

(b) has been certified by the Departmental Medical Officer as having been temporarily totally incapacitated for a longer period than three months,

an allowance, in addition to his pension, not exceeding Twenty shillings per week;

Provided that such allowance shall be payable only from the day following the date of expiration of the period of three months aforementioned.

Provided further that the allowance shall not be payable to a soldier who is maintained in an establishment at the public expense.”

Soldier 65 per cent or more incapacitated.

“89l. The Commission may, having regard to the circumstances of the case, grant to a soldier whose incapacity is, for the purpose of assessing his pension, assessed at not less than sixty‑five per centum of total incapacity, and whose incapacity is of such a nature as to preclude him from engaging in regular employment or from earning a living wage, such an allowance as will—

(a) insure in respect of the soldier an income of Forty‑two shillings per week inclusive of his pension and earnings; and

C.16095.—Price 3d.

(b) if the soldier is married, insure an income, in respect of his wife, of Eighteen shillings inclusive of her pension and earnings, and, in respect of his children, incomes at the rates set out in paragraph (a) of the Third Schedule to the Act, inclusive of their pensions and earnings:

Provided that in no case shall the total amount granted to any soldier in respect of himself and his wife and children exceed Twenty shillings per week:

Provided further that, if the soldier is able but fails or neglects to earn some portion of a living wage, the Commission may, for the purpose of this regulation, assess and take into consideration as income earned, any amount which it considers the soldier should be receiving as earnings from the occupation which his disablement does not debar him from following:

Provided also that, where the wife or children of the soldier are engaged in any occupation, the Commission may take their earnings into consideration in assessing the amount of the allowance to be granted to the soldier in respect of himself, his wife, and children.”

Definition of married soldier.

“89m. For the purposes of the last two preceding regulations a soldier who—

(a) is a widower with children who are being maintained by him under his personal care; or

(b) has divorced his wife, and has children who are being maintained by him under his personal care,

shall be deemed to be married.”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.