Interim Forces Benefits Regulations (Amendment) (Cth)

STATUTORY RULES

1965 No. 127.

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REGULATION UNDER THE INTERIM FORCES BENEFITS ACT 1947-1964.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Interim Forces Benefits Act 1947-1964.

Dated this twenty-third day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

Minister of State for Repatriation.

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Amendment of the Interim Forces Benefit Regulations 

Sustenance allowed while undergoing surgical treatment, &c.

Regulation 12 of the Interim Forces Benefits Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) Where a member is, with the authority of a Deputy Commissioner, receiving in-patient treatment at a hospital or similar institution for an incapacity due to service and the total amount of—

(a)pension payable to the member and, if the member has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be; and

(b)sustenance allowance granted to the member under sub-regulation (1.) of this regulation,

during the period for which he is receiving that treatment is less than the total amount of pension payable for a like period to a member in receipt of the special rate of pension under the Second Schedule to the Repatriation Act, and, if the member has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be, a Deputy Commissioner may, subject to the directions of the Commission, grant to the member a sustenance allowance or an additional sustenance allowance of a sum not exceeding the difference between those amounts.

“(3a.) Where—

(a)a member has, with the authority of a Deputy Commissioner, been receiving in-patient treatment at a hospital or institution for an incapacity due to service; and

 

* Notified in the Commonwealth Gazette on 2 September, 1965.

  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; and 1961, No. 118.

3045/65.—Price 6d. 10/2.8.1965

 

(b)upon the discharge of the member from the hospital or institution a departmental medical officer certifies, in writing, that the member will not be sufficiently recovered to be able to resume his usual occupation until the expiration of a period of convalescence, being a period specified in the certificate,

the member shall, for the purposes of the last preceding sub-regulation, be deemed to be continuing to receive that in-patient treatment until the expiration of the period so specified or until the member resumes his usual occupation, whichever first occurs.”.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra