Child Endowment Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 131.

 

REGULATIONS UNDER THE CHILD ENDOWMENT ACT 1941.*

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 Child Endowment Act 1941.

Dated this thirteenth

day of March , 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Social Services.

 

Amendments of the Child Endowment Regulations.

Person by whom child is deemed to be maintained.

1.—(1.) Regulation 7 of the Child Endowment Regulations is amended—

(a) by omitting the first proviso to paragraph (a) of sub-regulation (1.) and inserting in its stead the following proviso:—

“Provided that, where the parents are permanently living apart and the father is, by his contributions, wholly or mainly maintaining the child, the child shall, for the purposes of section 13 of the Act, be deemed to be maintained by the father:”;

(b) by inserting in paragraph (b) of sub-regulation (1.), before the proviso, the following proviso:—

“Provided that, where the parents are permanently living apart and the mother is, by her contributions, wholly or mainly maintaining the child, the child shall, for the purposes of section 13 of the Act, be deemed to be maintained by the mother:”;

(c) by inserting in the proviso to paragraph (b) of sub-regulation (1.), after the word “Provided”, the word “further”;

(d) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) Subject to the next succeeding sub-regulation, a child who is an inmate of an approved institution shall, for the purposes of section 13 of the Act, be deemed to be maintained by that institution.

 

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1941, No. 180.

1297.—25/27.2.1942.—Price 3d.

“(2a.) Where a child is an inmate of an approved institution which is a hospital or which normally undertakes the care of children only temporarily (not including an institution which undertakes the care of children until they reach a certain age), the child shall be deemed to be maintained by the person by whom it is ordinarily maintained or deemed to be maintained except—

(a) where that person is not maintaining or deemed to be maintaining any other child; or

(b) where the hospital or other institution has certified to the Deputy Commissioner, in the approved form, that the child is likely to continue to be an inmate for a period of at least twelve weeks calculated from the date of the admission—during the period after that certification; or

(c) where at the expiration of twelve weeks from the date of the child’s admission to the hospital or other institution it is still an inmate of that hospital or other institution—during the period after that twelve weeks

Provided that none of the exceptions specified in paragraphs (a), (b) and (c) of this sub-regulation shall apply in respect of any period during which the child is entitled to be maintained in the hospital or other institution by reason of a voluntary contributory scheme; and

(e) by adding at the end thereof the following sub-regulation:—

“(4.) Subject to sub-regulations (2.) and (2a.) of this regulation, but notwithstanding anything else contained in this regulation, where a husband and wife are living together, or are living apart but not permanently, and the husband is by his contributions wholly or mainly maintaining a child who is not living with himself or his wife, that child shall, for the purposes of section 13 of the Act, be deemed to be maintained by his wife.”.

(2.) The sub-regulation added by paragraph (e) of the last preceding sub-regulation shall be deemed to have come into operation on the twenty-ninth day of July, 1941:

Provided that this sub-regulation shall not affect the validity of any payment of endowment which has been made in respect of any child, and no further endowment shall be payable by reason of this sub-regulation in respect of any child for any period for which any such payment has been made in respect of that child.

2. After regulation 34 of the Child Endowment Regulations the following regulation is inserted:—

Endowment due at death of endowee.

34a. Any amount of endowment accrued and unpaid up to and including the date of the death of an endowee, if applied for within six months after that date, or within such further period as the Commissioner, in special circumstances, allows, may be paid to the person who, in the opinion of the Commissioner or Deputy Commissioner, is best entitled to receive it.”.

 

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