Interim Forces Benefits Regulations (Amendment) (Cth)

STATUTORY RULES.

1961. No. 118.

REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947-1950.*

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 Interim Forces Benefits Act 1947-1950.

Dated this 23rd day of September, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(Sgd) F. M. OSBORNE

Minister of State for Repatriation.

 

Amendments of the Interim Forces Benefits Regulations.

Interpretation.

1. Regulation 4 of the Interim Forces Benefits Regulations is amended by omitting from sub-regulation (1.) the definition of “child” and inserting in its stead the following definition:—

“‘child’, in relation to a member, means a child, under the age of sixteen years, of the member, being his son, daughter, step-son, step-daughter, adopted child or ex-nuptial child, but not including an ex-nuptial child born more than nine months after the termination of the member’s war service, unless the member has adopted the child;”.

2.—(1.) Regulation 12 of the Interim Forces Benefits Regulations is repealed and the following regulation inserted in its stead:—

Sustenance allowed while undergoing surgical treatment, &c.

“12.—(1.) Where a member, other than a totally incapacitated member, is prevented from following his usual occupation through—

(a) the necessities of treatment for an incapacity due to war service;

(b) the necessities of treatment for, or institutional care in consequence of, venereal disease contracted during war service; or

(c) awaiting the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by an incapacity due to war service,

* Notified in the Commonwealth Gazette on 5th October, 1961.

  Statutory Rules 1947, No. 108, as amended by Statutory Rules 1948, Nos. 82, 136 and 138; 1950, No. 97; 1951, No. 8; and 1953, No. 7.

5094/61.—Price 3d. 10/8.9.1961.

 

a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member, for the period for which he is so prevented, sustenance allowance at a rate not exceeding—

(d) the rate of pension, or, if the member is in receipt of a pension, the increase in the rate of pension to the rate of pension, which would be payable to the member under the First Schedule to the Repatriation Act upon his total incapacity; or

(e) if the member has a wife and children or a wife or children, the total of the rates of pension, or, if the member is in receipt of a pension, the total of the increase in the rates of pension to the rates of pension, which would be payable to the member under the First Schedule to the Repatriation Act, and in respect of his wife and children or wife or children, as the case may be, under the Third Schedule to the Repatriation Act, upon his total incapacity.

“(2.) For the purposes of the last preceding sub-regulation, the pension which would be payable to the member upon his total incapacity shall be deemed to be the pension specified in the first item in the First Schedule to the Repatriation Act.

“(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 war 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;

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

(c) the member’s salary, wages and earnings,

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.

“(4.) Where sustenance allowance is granted under sub-regulation (1.) of this regulation to a member who has a wife and children or a wife or children, the Commission may, in its discretion, direct that such part of the allowance as the Commission determines be paid to such persons as the Commission specifies.”.

(2.) This regulation shall be deemed to have come into operation on the fifth day of November, 1953.

Expenses of travelling for medical treatment or pension purposes.

3.—(1.) Regulation 14 of the Interim Forces Benefits Regulations is amended by omitting from sub-regulation (4.) the words “One pound five shillings” and inserting in their stead the words “Two pounds fourteen shillings”.

 

(2.) This regulation shall be deemed to have come into operation on the first day of October, 1959.

Attendance allowance.

4.—(1.) Regulation 14a of the Interim Forces Benefits Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “Three shillings” and inserting in their stead the words “Five shillings”;

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Subject to the next succeeding sub-regulation, the amount of allowance payable under this regulation shall be not less than Seven shillings and sixpence nor more than Two pounds for a day or part of a day.”; and

(c) by omitting from sub-regulation (5.) the words “Two pounds eight shillings” and inserting in their stead the words “Four pounds”.

(2.) This regulation shall be deemed to have come into operation on the first day of October, 1959.

Application of certain provisions of the Repatriation Regulations.

5. Regulation 31 of the Interim Forces Benefits Regulations is amended by omitting the figures and letter “176a,”.

Application.

6.—(1.) Regulation 14 of the Interim Forces Benefits Regulations shall be deemed to have had effect in respect of any day during the period that commenced on the fifth day of November, 1953, and ended on the thirtieth day of September, 1959, being a day for which payment was to have been made under sub-regulation (3.) of that regulation, as if the words “One pound ten shillings” had been substituted for the words “One pound five shillings” in sub-regulation (4.) of that regulation.

(2.) Regulation 14a of the Interim Forces Benefits Regulations shall be deemed to have had effect in respect of any day during the period that commenced on the fifth day of November, 1953, and ended on the thirtieth day of September, 1959, being a day for which payment was to have been made under sub-regulation (3.) of that regulation, as if—

(a) the words “Four shillings” had been substituted for the words “Three shillings” in sub-regulation (3.) of that regulation;

(b) the words “Six shillings” and “One pound twelve shillings” had been substituted for the words “Five shillings” and “One pound four shillings”, respectively, in sub-regulation (4.) of that regulation; and

(c) the words “Three pounds four shillings” had been substituted for the words “Two pounds eight shillings” in sub-regulation (5.) of that regulation.

 

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