Interim Forces Benefits Regulations (Amendment) (Cth)

STATUTORY RULES.

1950. No. 97.

REGULATIONS UNDER THE INTERIM FORCES BENEFITS

ACT 1947.*

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.

Dated this seventh day of December, 1950.

W. J. McKELL

Governor-General.

By His Excellency's Command,

WALTER J. COOPER

Minister of State for Repatriation.

AMENDMENTS OF THE INTERIM FORCES BENEFITS REGULATIONS.  

Parts.

1. Regulation 2 of the Interim Forces Benefits Regulations is amended by omitting the words " (Regulations 5-14.) " and inserting in their stead the words " (Regulations 5-14A) ".

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 Regulation 12 of the Interim Forces Benefits Regulations is repealed and the following regulation inserted in its stead :—

Sustenance allowance while undergoing medical, &c.

" 12.—(1.) Where a member is prevented from following his usual

 occupation through—

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

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 in accordance with the following scale

In respect of—	Amount per fortnight.
£	s.	d.
The member................................................................................................	5	10	0
The wife of the member................................................................................	2	8	0
Each child of the member.............................................................................	0	18	0

* Notified in the Commonwealth Gazette on 14th December, 1950.

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

6256.—PRICE 3D.

 

" (2.) If for the period referred to in the last preceding sub-regulation the total income of the member exceeds the sum of amounts calculated in accordance with the scale in that sub-regulation, the total amount of ,sustenance allowance payable to him shall be reduced by the amount of the excess.

" (3.) The Commission may, having regard to the circumstances of any particular case or class of cases, direct that the rate of allowance payable in that case or class of cases shall be less than the rate prescribed by sub-regulation (1.) of this regulation.

" (4.)Where a member is, with the authority of the Deputy Commissioner, receiving in-patient treatment at a hospital or similar institution for an incapacity due to war service and his total income during the period for which he is receiving that treatment is less than the 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 Act, his wife and his 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 his total income and that amount of pension.

" (5.) In this regulation—

' total income of the member' means—

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

(b) sustenance allowance under sub-regulation (1.) of this regulation in respect of the member, his wife and his children, as the case may be ; and

(c) for the purposes of sub-regulation (4.) of this regulation, his salary, wages, earnings and sick pay ;

' sick pay ' means any payment received by the member from his employer in respect of his incapacity or absence from employment or any payment that the Commission determines to be a payment of a like nature.".

(2.) This regulation shall be deemed to have taken effect on the twentieth day of October, 1949.

Sustenance during investigation.

3.—(1.) Regulation 13 of the Interim Forces Benefits Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations :—

" (2.) Where, by reason of any such investigation or any treatment found necessary or expedient in connexion therewith, the member is prevented from following his usual occupation and is not engaged in any other remunerative occupation, a Deputy Commissioner may, subject to the next succeeding sub-regulation and to the directions of the Commission, grant to the member sustenance allowance in accordance with the scale specified in sub-regulation (1.) of regulation 12 of these Regulations.

" (3.) Sustenance allowance under the last preceding sub-regulation shall cease to be payable upon the day immediately following the date of determination by a Board of the matter that necessitated the investigation.".

 

 (2.) This regulation shall be deemed to have taken effect on the first day of December, 1949.

4.—(1.) The Interim Forces Benefits Regulations are amended by inserting in Part II., after regulation 14, the following regulation:—

Attendance allowance.

" 14A.—(1.) This regulation applies to a member who is required Attendance by a Deputy Commissioner to attend at an appointed place in connexion allowance. 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.

" (2.) In this regulation any reference to attendance at an appointed place is a reference to attendance at an out-patient clinic or a hospital of the Department, the rooms of a Local Medical Officer or of a medical practitioner designated by a Deputy Commissioner, or an artificial limb factory of the Department, for the purpose of medical treatment, medical 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.

" (3.) Where attendance at an appointed place by a member to whom this regulation applies is for a period of less than one day and—

(a) that period, or part of that period, is during hours in which he would, but for the attendance, be employed and receive salary or wages ;

(b) he loses salary or wages through that attendance; and

(c) his employer certifies in an approved form as to that loss,

a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to him an allowance at the rate of Two shillings and six pence per hour in respect of the time for which he lost salary or wages.

" (4.) The minimum amount of allowance payable under this regulation shall be Four shillings and the maximum allowance payable in respect of one day shall be One pound.

" (5.) The aggregate of payments of allowance under this regulation in respect of more than one attendance in any week commencing on a Thursday shall not exceed Two pounds.

" (6.) Subject to sub-regulation (4.) of this regulation, the amount of allowance shall not exceed the amount of the member's salary or wages lost by him through attendance at an appointed place.

" (7.) The total payment by way of pension (excluding attendant's allowance), sustenance under regulation 12 or regulation 13 of these Regulations and the allowance under this regulation for any period shall not exceed the amount payable for a like period to a member in receipt of the special rate of pension under the Second Schedule to the Act.

 

" (8.) The employer of a member to whom this regulation applies shall, if so required by a Deputy Commissioner, by notice in writing, furnish to an officer specified in the notice, within the time specified in the notice, written particulars of—

(a) the hours during which the member would, but for his attendance at the appointed place, have been employed on the day of that attendance ;

(b) the rate of the member's salary or wages in respect of that day ; and

(c) the amount of the loss (if any) of salary or wages by the member by reason of his absence from his employment on that day.".

(2.) This regulation shall be deemed to have taken effect on the first day of December, 1949.

Application of certain provisions of the Australian Soldiers' Repatriation Regulations.

5. Regulation 31 of the Interim Forces Benefits Regulations is amended by omitting the figures and word " 103 and 103A " and inserting in their stead the figures and word " 103, 103A and 104A ".

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