Interim Forces Benefits Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 185

REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Interim Forces Benefits Act 1947.

Dated this twenty-eighth day of September 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

EVAN ADERMANN

Minister of State for Veterans’ Affairs

 

AMENDMENTS OF THE INTERIM FORCES BENEFITS REGULATIONS 

Heading to Part II

1. The heading to Part II of the Interim Forces Benefits Regulations is amended by omitting “ AND SUSTENANCE ”.

Regulations 12 and 13 repealed

2. Regulations 12 and 13 of the Interim Forces Benefits Regulations are repealed.

Attendance allowance

3. Regulation 14a of the Interim Forces Benefits Regulations is amended by adding at the end thereof the following sub-regulation:

“ (3) Where a member is entitled to be paid loss of earnings allowance in respect of a period under regulation 71 of the Repatriation Regulations as extended to and in relation to members and the dependants of members by regulation 31 of these Regulations, the member shall not be entitled to be paid an allowance under sub-regulation (2) in respect of his attendance during that period at a place referred to in sub-regulation (1).”.

 

* Notified in the Commonwealth of Australia Gazette on 5 October 1978.

  Statutory Rules 1947 No. 108 as amended by Statutory Rules 1948 Nos. 82, 136 and 138; 1950 No. 97; 1951 No. 8; 1953 No. 7; 1961 No. 118; 1965 No. 127; 1967 No. 151; 1968 No. 124; 1969 No. 176; 1970 No. 154; 1972 Nos. 179 and 185; 1973 Nos. 26, 154 and 283; and 1975 No. 96.

 

Application of certain provisions of the Repatriation Regulations

4. Regulation 31 of the Interim Forces Benefits Regulations is amended by inserting “, 71, 71a, 72 ” after “ 65a ”.

The Schedule

5. The Schedule to the Interim Forces Benefits Regulations is amended by adding at the end of the Part headed “ (ii) ADAPTATIONS ” the following paragraph:

“ (e) Any reference in regulation 71 to ‘ wife ’ shall be read as a reference to that term as defined in regulation 4 of these Regulations.”.

Transitional

6. (1) Where regulation 12 or 13 of the Interim Forces Benefits Regulations as in force immediately before the commencement of these Regulations would, if the amendments of the Interim Forces Benefits Regulations effected by these Regulations had not come into operation, apply to a member in relation to the whole of a period that commenced before the commencement of these Regulations and ends after the commencement of these Regulations, the provisions of the Interim Forces Benefits Regulations as in force immediately before the commencement of these Regulations shall continue to apply in relation to the member in respect of that period as if those amendments had not come into operation.

(2) Where—

(a) a member would, but for sub-regulation (1), be entitled to loss of earnings allowance in respect of any period, being the same period as, or a period forming part of, the period referred to in paragraph (b), in accordance with the provisions of regulation 71 of the Repatriation Regulations as extended to and in relation to members and the dependants of members by regulation 31 of the Interim Forces Benefits Regulations as amended by these Regulations; and

(b) the amount of such allowance would have exceeded the amount of allowance to which he is entitled by virtue of sub-regulation (1) in relation to the period that commences on the commencement of these Regulations and ends on the expiration of the period in relation to which sub-regulation (1) applies to the member,

the member shall be entitled to a supplementary allowance equal to the amount of the excess.