Interim Forces Benefits Regulations (Amendment) (Cth)

STATUTORY RULES.

1953. No. 7.

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  twenty-fourth

day of  January , 1953.

W.J. McKell

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

Amendments of the Interim Forces Benefits Regulations.

Commencement.

1. These Regulations shall be deemed to have come into operation on the second day of October, 1952.

Sustenance allowance while undergoing medical treatment, &c.

2. Regulation 12 of the Interim Forces Benefits Regulations is amended by omitting the scale in sub-regulation (1.) and inserting in its stead the following scale:—

In respect of—	Amount per fortnight.
£	s.	d.
The member ....................................................................................................	8	0	0
The wife of the member ...................................................................................	3	11	0
Each child of the member .................................................................................	1	7	6

Expenses of travelling for medical treatment or pension purposes.

3. Regulation 14 of the Interim Forces Benefits Regulations is amended by omitting sub-regulations (2.) and (3.) and inserting in J their stead the following sub-regulations:—

“(2.) A Deputy Commissioner may, on the advice of a Depart-mental Medical Officer or a Local Medical Officer, as the case may be, authorize an attendant to accompany a member who is travelling for a purpose specified in the last preceding sub-regulation and may pay—

(a) the attendant’s fares for the forward and return journeys;

and

* Notified in the Commonwealth Gazette on , 1953.

Statutory Rules 1947, No. 108, as amended by Statutory Rules 1948, Nos. 82, 136 and 138;

 1950, No. 9; and 1951, No. 8.

5297.—Price 3d. 9/6.1.1953.

(b) such allowance (not exceeding the actual amount of the salary or wages lost), in respect of any loss of salary or wages suffered by the attendant by reason of his accompanying the member, as the Commission considers reasonable.

“(3.) Subject to the next succeeding sub-regulation, a Deputy Commissioner may pay such amount as he considers reasonable in respect of the expenses of subsistence necessarily incurred, as a result of travelling for a purpose specified in sub-regulation (1.) of this regulation, by the member, or by the member and his attendant, as the case requires.

“(4.) The amount payable under the last preceding sub-regulation shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount, exceed One pound five shillings per person per day.”.

Attendance allowance.

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

(a) by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulation:—

“(1.) This regulation applies to a member who is required by a Deputy Commissioner to attend, in connexion with a disability of the member due to war service or a disability in respect of which he claims pension, or applies for treatment, on the ground that the disability is due to war service, at—

(a) an out-patient clinic or a hospital of the Department;

(b) the rooms of a Local Medical Officer or of a medical practitioner, dentist, oculist, optician, physiotherapist or other person designated by a Deputy Commissioner;

(c) an artificial limb factory of the Department; or

(d) the Head-quarters Office or a Branch Office of the Department,

for the purpose of medical treatment, medical or other examination or tests, investigation for diagnosis, the supply, renewal, repair or fitting of artificial replacements, surgical aids or appliances, review of pension or any other purpose in connexion with medical treatment or pension.”;

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

(c) by omitting from sub-regulation (4.) the words “Four shillings” and “One pound” and inserting in their stead the words “Five shillings” and “One pound four shilling”, respectively; and

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

Tools of trade, &c.

5. Regulation 16 of the Interim Forces Benefits Regulations is amended by inserting in sub-regulation (2.), after the words “Form D”, the words “in the Schedule to the Repatriation Regulations”.

Definitions.

6. Regulation 19 of the Interim Forces Benefits Regulations is amended by omitting paragraph (d) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(d) a member who is suffering from tuberculosis and who—

(i) has been granted a pension at the maximum rate specified in the Second Schedule to the Repatriation Act; and

(ii) is, in the opinion of a Deputy Commissioner, likely to remain in receipt of pension at that rate for a period of not less than three years from the date on which the child commences primary education, or the date on which application is made for benefits or assistance in respect of the child under the provisions of Part VII. of the Hepatization Regulations, as extended by this regulation, whichever is the later date.”.

Funeral expenses.

7. Regulation 28 of the Interim Forces Benefits Regulations is amended by omitting the words “Twenty pounds” and inserting in their stead the words “Twenty-five pounds”.

Minor amendments.

8. The Interim Forces Benefits Regulations are amended as set out in the Schedule to these Regulations.

Regulation 8.

THE SCHEDULE.

Regulation, &c. amended.

Amendments.

2

Omit “Australian Soldiers’ Repatriation Regulations”, insert

“Repatriation Regulations”

4

Omit from the definition of “due to service” in sub-regulation (1.)

“Australian Soldiers’ Repatriation Act”, insert “Repatriation Act”

Omit from sub-regulation (1.) the definitions of “the Act” and

“the Australian Soldiers’ Repatriation Act”, insert the following definitions:—

“ ‘the Act’ means the Interim Forces Benefits Act 1947-1950;

“ ‘the Repatriation Act’ means those provisions of the Repatriation Act 1920-1952 that are extended to and in relation to male members of the Interim Forces and to the dependants of those members by force of section 6 of the Interim Forces Benefits Act 1947-1950, in their application to those members and dependants;”

Omit from the definition of “these Regulations” in sub-regulation (1.)

 “Australian Soldiers’ Repatriation Regulations”, insert “Repatriation Regulations”

Omit from sub-regulation (2.) “Australian Soldiers’ Repatriation Regulations”, insert “Repatriation Regulations”

7

Omit “Australian Soldiers’ Repatriation Act”, insert “Repatriation Act”

12

Omit from sub-regulation (4.) “the Act”, insert “the Repatriation Act”

19

Omit from sub-regulation (1.) “Australian Soldiers’ Repatriation Regulations”, insert “Repatriation Regulations”

Heading to Part

Omit “Australian Soldiers’ Repatriation Regulations”,

VI.

insert “Repatriation Regulations”

31

Omit “Australian Soldiers’ Repatriation Regulations”, insert

“Repatriation Regulations”

32

Omit “Australian Soldiers’ Repatriation Regulations” (wherever occurring), insert “Repatriation Regulations”

The Schedule—continued

Regulation, &c. amended.	Amendments.
The Schedule	Omit from the heading “AUSTRALIAN SOLDIERS’ REPATRIATION REGULATIONS”, insert “REPATRIATION REGULATIONS”
Omit “Australian Soldiers’ Repatriation Act 1920-1947” (wherever occurring), insert “Repatriation Act 1920-1952”
Omit “Interim Forces Benefits Act 1947” (wherever occurring), insert “Interim Forces Benefits Act 1947-1950”
Omit “Australian Soldiers’ Repatriation Regulations”, insert “Repatriation Regulations”

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