Interim Forces Benefits Regulations (Amendment) (Cth)

Statutory Rules 1980 No. 3221

 

Interim Forces Benefits Regulations2(Amendment)

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 29 October 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

EVAN ADERMANN

Minister of State for Veterans’ Affairs

Treatment for certain members for disabilities not due to service

 1. Regulation 7 of the Interim Forces Benefits Regulations is amended —

• (a)

  by omitting all words after “remedial treatment” and substituting the following: “in respect of any disease or disabling condition not due to service for —

  • (a)

    a member who is in receipt of —

    • (i)

      a pension at the general rate for total incapacity under Schedule 1 to the Repatriation Act;

    • (ii)

      a pension at the special rate of pension under Schedule 2 to that Act; or

    • (iii)

      a pension under Schedule 5 to that Act; or

  • (b)

    a member who —

    • (i)

      was, immediately before 2 November 1978, in receipt of a pension in respect of pulmonary tuberculosis under the Repatriation Act; or

    • (ii)

      by virtue of a claim referred to in section 38 of the Repatriation Acts Amendment Act 1978, has become, or becomes, entitled to a pension in respect of pulmonary tuberculosis under the Repatriation Act.”;

and

• (b)

  by adding at the end thereof the following sub-regulation:

  • “(2)

    In sub-regulation (1), a reference to a member in receipt of, or entitled to, a pension shall be read as including a reference to a member who would, but for the operation of section 43 of the Repatriation Act or paragraph (c) of the proviso to sub-section 101 (1) of that Act, be in receipt of, or entitled to, that pension.”.

Attendance Allowance

 2. Regulation 14A of the Interim Forces Benefits Regulations is amended by omitting from sub-regulation (3) “loss of earnings allowance in respect of a period under regulation 71” and substituting “an allowance in respect of a period under regulation 71 or 72A”.

Application of certain provisions of the Repatriation Regulations

3. Regulation 31 of the Interim Forces Benefits Regulations is amended by inserting “, 72A” after “72”.

Schedule

 4.The Schedule to the Interim Forces Benefits Regulations is amended —

• (a)

  by inserting in paragraph (e) of the Part headed “(ii) ADAPTATIONS” “or 72A” after “71”; and

• (b)

  by adding at the end of the Part headed “(ii) ADAPTATIONS” the following paragraph:

  • “(f)

    Any reference in regulation 72A to ‘medical treatment’ shall be read as a reference to that expression as defined in regulation 8 of these Regulations.”.

Commencement

• 5.

  (1)Subject to sub-regulation (2), these Regulations shall come into operation on 1 November 1980.

 (2)Regulation 1 shall come into operation on 13 November 1980.

Notes

1. Notified in the Commonwealth of Australia Gazette on 31 October 1980.

2. 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; 1975 No. 96; 1978 No. 185; 1979 Nos. 173 and 224.