Interim Forces Benefits Regulations (Amendment) (Cth)

STATUTORY RULES

1972 No.

REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947-1966.*

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 1947-1966.

Dated this second day of November, 1972.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

R. McN. HOLTEN

Minister of State for Repatriation.

 

Amendments of the Interim Forces Benefits Regulations

Treatment for certain members for disabilities not due to service.

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

(a) by omitting the words “A Deputy” and inserting in their stead the words “Subject to the next succeeding sub-regulation, a Deputy”.

(b) by omitting the words “, a chronic or incurable disease requiring treatment in an institution for a prolonged period”; and

(c) by adding at the end thereof the following sub-regulation:—

“(2.) A Deputy Commissioner shall not provide medical treatment for a member under the last preceding sub-regulation in respect of a chronic or incurable disease requiring treatment in an institution for a prolonged period unless the member is in receipt of a pension—

(a) under the provisions of paragraph 6 of the First Schedule to the Repatriation Act; or

(b) at the special rate of pension under the Second Schedule to that Act.”.

Sustenance allowed while undergoing surgical treatment, &c.

2. Regulation 12 of the Interim Forces Benefits Regulations is amended by adding at the end thereof the following sub-regulation:—

“(5.) In this regulation, ‘child’, in relation to a member, means a child 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)—

(a) who is under the age of sixteen years; or

(b) who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

(ii) is receiving full-time education at a school, college or university; and

(iii) is not in receipt of an invalid pension under Part III. of the Social Services Act 1947-1972.”.

 

* Notified in the Commonwealth Gazette on 1972.

  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; and 1970, No. 154.

20209/72—Price 5c 10/13.10.1972

 

Extent of regulations to female members.

3. Regulation 32 of the Interim Forces Benefits Regulations is amended by adding at the end thereof the following sub-regulations:—

“(5.) Subject to the next succeeding sub-regulation, for the purpose of the extended application of regulation 12 of these Regulations in relation to a female member, a reference in that regulation to a child of a female member shall be read as a reference to a child of a female member who is under the age of sixteen years or is a student child, being—

(a) a son or daughter born to the member of a marriage that took place before or during her service, or before her discharge from the Forces or the termination of the war, whichever first happened;

(b) a step-son, step-daughter or adopted child of the member who became dependant upon, the member or her husband prior to her death or discharge from the Forces, or the termination of the war, whichever first happened; or

(c) an ex-nuptial child of the member who was born before or within nine months after her discharge from the Forces or the termination of the war, whichever first happened.

“(6.) For the purpose of the extended application of regulation 12 of these Regulations in relation to a female member, a reference in that regulation to child of a member shall not be read as a reference to a child of a female member—

(a) in a case where the female member is the mother of the child—unless the child is without adequate means of support; or

(b) in any other case—unless—

(i) the father of the child is the member’s husband and either is wholly dependant upon her or is dead or separated or divorced from, or has deserted, the member; and

(ii) the child is wholly or substantially dependant upon the member and is without adequate means of support.

“(7.) For the purposes of sub-regulation (5.) of this regulation, ‘student child’ in relation to a female member, means a child of the member who—

(a) has attained the age of sixteen years but is under the age of twenty-one years;

(b) is receiving full-time education at a school, college or university; and

(c) is not in receipt of an invalid pension under Part III. of the Social Services Act 1947-1972.”.

Printed by Authority by the Government Printer of the Commonwealth of Australia