Interim Forces Benefits Regulations (Cth)
INTERIM FORCES BENEFITS REGULATIONS - Incorporating all amendments by
legislation made to 30 June 1980
- Reprinted as at 30 June 1980 (HISTREG CHAP 74 #DATE 30:06:1980)
legislation made to 30 June 1980
- Reprinted as at 30 June 1980 (HISTREG CHAP 74 #DATE 30:06:1980)
*1* The Interim Forces Benefits Regulations (in force under the Interim Forces
108 as amended by the other Statutory Rules specified in the following table:
----------------------------------------------------------------------------
Application,
Date of saving or
Year and notification Date of transitional
number in Gazette commencement provisions
---------------------------------------------------------------------------- 1947 No. 108 4 Aug 1947 4 Aug 1947
1948 No. 82 25 June 1948 25 June 1948 -
No. 136 28 Oct 1948 28 Oct 1948 R. 1 (2)
No. 138 28 Oct 1948 28 Oct 1948 -
1950 No. 97 14 Dec 1950 R. 2: 20 Oct 1949
Rr. 3 and 4: 1 Dec
1949
Remainder: 14 Dec
1950 -
1951 No. 8 22 Feb 1951 2 Nov 1950 -
1953 No. 7 29 Jan 1953 2 Oct 1952 -
1961 No. 118 5 Oct 1961 R. 2: 5 Nov 1953
Rr. 3 and 4: 1 Oct
1959
Remainder: 5 Oct
1961 R. 6
1965 No. 127 2 Sept 1965 2 Sept 1965 -
1967 No. 151 16 Nov 1967 16 Nov 1967 -
1968 No. 124 17 Oct 1968 17 Oct 1968 -
1969 No. 176 6 Nov 1969 6 Nov 1969 Rr. 1 (2) and 2 (2) 1970 No. 154 15 Oct 1970 15 Oct 1970 -
1972 No. 179 26 Oct 1972 26 Oct 1972 -
No. 185 9 Nov 1972 9 Nov 1972 -
1973 No. 26 8 Feb 1973 8 Feb 1973 -
No. 154 9 Aug 1973 16 Mar 1973 -
No. 283 19 Dec 1973 19 Dec 1973 (a) R. 8 (2)
1975 No. 96 30 May 1975 30 May 1975 -
1978 No. 185 5 Oct 1978 5 Oct 1978 R. 6
1979 No. 173 31 Aug 1979 31 Aug 1979 R. 2
No. 224 31 Oct 1979 1 Nov 1979 -
---------------------------------------------------------------------------- (a) Sub-regulation 8 (1) of Statutory Rules 1973 No. 283 provides as follows:
"(1) The amendments made by regulations 1, 2, 5 and 7 shall be deemed to
have come into operation on the date of commencement of the Repatriation Act
(No. 3) 1973."
INTERIM FORCES BENEFITS REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I-PRELIMINARY
Regulation
1. Citation
2. Parts
3. Administration
4. Interpretation
PART II-MEDICAL TREATMENT
5. Treatment for disabilities
6. Members suffering certain diseases
7. Treatment for certain members for disabilities not due to service
7A. Additional medical treatment for members
8. Meaning of ''medical treatment''
9. Non-liability in cases of unauthorized treatment
10. Non-liability where treatment not granted
11. Surgical aids, &c.
11A. Charges for treatment
12, 13. (Repealed)
14. Expenses of travelling for medical treatment or pension purposes
14A. Attendance allowance
PART III-FURNITURE, TOOLS OF TRADE AND OTHER ASSISTANCE
15. Furniture
16. Tools of trade, &c.
17. When tools of trade to become property of member
18. Orders for tools not to be transferred
19. Education and training of children
PART IV-TRANSPORTATION
20. Interpretation
21. Wives, widows and children-passage to Australia
22. Expense borne by Commonwealth
23. Refund of expenses
24. Transportation once only
25. Loss or damage to baggage
26. Payment of trainee's fare to places of employment
27. Removal expenses of trainees
PART V-MISCELLANEOUS
28. Funeral expenses
29. Delegation of powers by Commission
30. Exercise by Commission of powers of Deputy Commissioner or
Education Board
PART IV-APPLICATION OF REPATRIATION REGULATIONS
31. Application of certain provisions of the Repatriation Regulations
PART VII-EXTENSION OF APPLICATION OF REGULATIONS TO FEMALE MEMBERS OF
THE INTERIM FORCES
32. Extension of regulations to female members
THE SCHEDULE
Modifications and Adaptations of and Exceptions to the Provisions
of the Repatriation Regulations Extended to and in Relation to
Members and to the Dependants of Members
INTERIM FORCES BENEFITS REGULATIONS - SECT. 1.
Citation
PART I-PRELIMINARY
1. These Regulations may be cited as the Interim Forces Benefits Regulations.*1*
See notes to first article of this Chapter.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 2.
PartsAmended by 1950 No. 97 r. 1; 1953 No. 7 r. 8
2. These Regulations are divided into Parts, as follows:
Part I-Preliminary (Regulations 1-4)
Part II-Medical Treatment and Sustenance (Regulations 5-14A)
Part III-Furniture, Tools of Trade, and other Assistance (Regulations 15-19)
Part IV-Transportation (Regulations 20-27)
Part V-Miscellaneous (Regulations 28-30)
Part VI-Application of Repatriation Regulations (Regulation 31)
Part VII-Extension of Application of Regulations to Female Members of the Interim Forces (Regulation 32).
INTERIM FORCES BENEFITS REGULATIONS - SECT. 3.
Administration
3. These Regulations shall be administered by the Repatriation Commission appointed under the Australian Soldiers' Repatriation Act 1920*2*, or under that Act as amended.
*2* R. 3-Now cited as Repatriation Act 1920.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 4.
InterpretationSub-reg. (1) amended by 1948 No. 138 r. 2; 1951 No. 8 r. 2; 1953 No. 7 r. 8; 1961 No. 118 r. 1; 1973 No. 154 r. 2
4. (1) In these Regulations, unless the contrary intention appears-
"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;
"dependant" means the wife, widow or child of a member; "due to service" means, in relation to the incapacity or death of a member, that the incapacity or death of the member has occurred in such circumstances that there is a liability under the Repatriation Act to pay war pension, in respect of the incapacity or death, to a claimant, or that there would be a liability but for the claimant being rendered ineligible for war pension solely by a circumstance or condition not permanently precluding eligibility;
"member" means a male person who is or has been a member of the Interim Forces as defined by the Act;
"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;
"these Regulations" include those provisions of the Repatriation Regulations which are extended to and in relation to members and dependants of members by regulation 31 of these Regulations;
"widow ", in relation to a member, has the same meaning as in Part III of the Repatriation Act;
"wife ", in relation to a member, has the same meaning as in Part III of the Repatriation Act.
Amended by 1953 No. 7 r. 8(2) Subject to the last preceding sub-regulation, expressions used in these Regulations shall, unless the contrary intention appears, have the same meaning as in the Repatriation Regulations.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 5.
Treatment for disabilities
PART II-MEDICAL TREATMENT
Heading amended by 1978 No. 185 r. 1
5. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a member in respect of an incapacity due to service.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 6.
Members suffering certain diseases
6. A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment for a member who is suffering from venereal disease contracted during his service.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 7.
Treatment for certain members for disabilities not due to serviceSub-reg. (1) amended by 1953 No. 7 r. 8; 1972 No. 185 r. 1; 1973 No. 283 rr. 1 and 7; 1979 No. 173 r. 1
7. (1) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment in the form of active remedial treatment for a member who is in receipt of a pension at the general rate for total incapacity under Schedule 1 to the Repatriation Act or at the special rate of pension under Schedule 2 to that Act in respect of any disease or disabling condition not due to service, or a member who-
(a) was, immediately before 2 November 1978, in receipt of a pension in respect of pulmonary tuberculosis under that Act; or
(b) 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.
Sub-reg. (2) omitted by 1973 No. 283 r. 1
* * * * * * * *
INTERIM FORCES BENEFITS REGULATIONS - SECT. 7A.
Additional medical treatment for membersInserted by 1973 No. 283 r. 2
7A. (1) A Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, provide medical treatment in a hospital or other institution referred to in section 120D of the Repatriation Act for a member in respect of a disease, disability or condition for which that member is not otherwise eligible for medical treatment under these Regulations.
(2) Medical treatment may be provided under this regulation only if the provision of such treatment does not adversely affect the provision of medical treatment for which any person is eligible under any other provision of these Regulations or under the provisions of-
(a) the Repatriation Regulations, other than regulation 66A or 66B;
(b) the Repatriation (Far East Strategic Reserve) Regulations, other than regulation 32A;
(c) the Repatriation (Special Overseas Service) Regulation, other than regulation 32A; or
(d) the Seamen's War Pensions and Allowances Regulations, other than regulation 26B,
as in force for the time being.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 8.
Meaning of ''medical treatment''Substituted by 1967 No. 151 r. 1
8. For the purposes of this Part, "medical treatment" means any treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes-
(a) any accommodation, nursing care or transport in relation to such treatment; and
(b) the supply, renewal and repair of artificial replacements and surgical and other aids and appliances.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 9.
Non-liability in cases of unauthorized treatment
9. The Commission shall not be liable for any expenditure incurred without its authority in respect of medical treatment of a member.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 10.
Non-liability where treatment not granted
10. A Deputy Commissioner may refuse to grant medical treatment or further medical treatment under this Part, and the Commission shall not be liable for any expenditure subsequently incurred without its authority in any case where a Departmental Medical Officer or a Local Medical Officer is of opinion that a member has caused a recurrence of, or has aggravated, his disability, or has retarded his recovery, by misconduct, neglect or any wilful act, or is recalcitrant to the prejudice of his fellow patients.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 11.
Surgical aids, &c.Substituted by 1973 No. 283 r. 3
11. (1) Where a Deputy Commissioner considers that the renewal of, or repairs to, an artificial replacement, surgical or other aid or appliance, has or have been rendered necessary by the carelessness or wilful act of the member using or wearing the replacement, aid or appliance, the Deputy Commissioner may-
(a) refuse to arrange for the necessary renewal of, or repairs to, the replacement, aid or appliance; or
(b) arrange for the renewal of, or repairs to, the replacement, aid or appliance and direct that payment for such renewal or repairs, as the case may be, shall be made in accordance with sub-section (2) of section 9 of the Act.
(2) Except as otherwise determined by the Commission, any artificial replacement, surgical or other aid or appliance supplied to a member under this Part, shall remain the property of the Commission, and the Commission may, at any time, if not satisfied that the replacement, aid or appliance is being put to proper use, require its return.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 11A.
Charges for treatmentInserted by 1973 No. 283 r. 4
11A. Where medical treatment is provided to a person under these Regulations and-
(a) the person (whether before, during or after the provision of the treatment) recovers or receives; or
(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies the person that he is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive,
the whole or a part of the cost of the treatment, by way of damages or compensation, from another person, payment for that medical treatment shall be made in accordance with sub-section (2) of section 9 of the Act.
Regulations 12 and 13 repealed by 1978 No. 185 r. 2
* * * * * * * *
INTERIM FORCES BENEFITS REGULATIONS - SECT. 14.
Expenses of travelling for medical treatment or pension purposesSubstituted by 1948 No. 136 r. 1
14. (1) Where it is necessary for a member to travel-
(a) to obtain medical treatment;
(b) for restoration of his health;
(c) to be fitted for surgical aids or appliances or artificial replacements;
(d) to proceed to hospital; or
(e) for pension purposes,
a Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, grant the member's fare for the forward and return journeys.
Substituted by 1953 No. 7 r. 3(2) A Deputy Commissioner may, on the advice of a Departmental 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
(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.
Substituted by 1953 No. 7 r. 3(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.
Substituted by 1969 No. 176 r. 1; amended by 1972 No. 179; 1973 No. 283 r. 6; 1975 No. 96 r. 1; 1979 No. 224 r. 2(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-
(a) where the amount is payable in respect of travelling to or returning from a Capital City-$41.15 per person per day; or
(b) in any other case-$34.50 per person per day.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 14A.
Attendance allowanceInserted by 1950 No. 97 r. 4 Sub-reg. (1) substituted by 1953 No. 7 r.4
14A. (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.
Omitted by 1953 No. 7 r. 4; inserted by 1975 No. 96 r. 2
(2) Where a member to whom this regulation applies is required to attend at a place referred to in sub-regulation (1) for a purpose specified in that sub-regulation, he is entitled to be paid an allowance in respect of that attendance at the same rate and subject to the same conditions as if he were, in respect of that attendance, entitled to be paid an allowance under sub-regulation 46A (2) or (4) of the Repatriation Regulations.
Omitted by 1975 No. 96 r. 2; inserted by 1978 No. 185 r. 3
(3) Where a member is entitled to be paid loss of earnings allowance in respect of a period under regulation 71 of the Repatriation Regulations as extended to and in relation to members and the dependants of members by regulation 31 of these Regulations, the member shall not be entitled to be paid an allowance under sub-regulation (2) in respect of his attendance during that period at a place referred to in sub-regulation (1).
Sub-regs (4)-(8) omitted by 1975 No. 96 r. 2
* * * * * * * *
INTERIM FORCES BENEFITS REGULATIONS - SECT. 15.
Furniture
PART III-FURNITURE, TOOLS OF TRADE AND OTHER ASSISTANCE
Substituted by 1948 No. 136 r. 1 Sub-reg. (1) amended by 1967 No. 151 r. 3
15. (1) A Deputy Commissioner may, subject to these Regulations, grant an order for the supply, by way of gift, of houshold furniture to a value not exceeding One hundred and fifty dollars to a blinded or totally and permanently incapacitated member who becomes so disabled not later than five years after the date of his discharge where that assistance is necessary for the establishment in civil life of the member.
(2) Assistance shall not be granted under this regulation unless application therefor is made before the expiration of twelve months after the date of-
(a) the member's discharge;
(b) the decision classifying him as blinded or totally and permanently incapacitated; or
(c) his marriage,
whichever last happens.
(3) Assistance under this regulation shall not be granted on more than one occasion.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 16.
Tools of trade, &c.Sub-reg. (1) amended by 1967 No. 151 r. 3
16. (1) A Deputy Commissioner may, subject to the next succeeding regulation, grant to a member who-
(a) was employed on service outside Australia, or, if he was not employed on such service, has, in the opinion of the Commission or a Deputy Commissioner, suffered material prejudice in consequence of his service;
(b) has a satisfactory record of service;
(c) has not been discharged on account of irregular enlistment; and
(d) is a trainee, or has been approved for training under any scheme of training provided by the Commonwealth for members,
an order for the supply, by way of gift, of such tools of trade, plant and equipment, professional instruments or other articles of personal equipment, exclusive of clothing in any form, to a value not exceeding the sum of Twenty dollars, as the Deputy Commissioner deems necessary for the purpose of enabling the member to engage in his calling or in a remunerative occupation.
Amended by 1953 No. 7 r. 5; 1967 No. 151 r. 3(2) In addition to any gift which may be granted under the last preceding sub-regulation, the Deputy Commissioner may grant to the member an order for the supply, under a hire purchase agreement in accordance with Form D in the Schedule to the Repatriation Regulations, of such tools of trade, plant and equipment, professional instruments or other articles of personal equipment, exclusive of clothing in any form, to a value not exceeding the sum of Eighty dollars, as the Deputy Commissioner deems necessary for the purpose of enabling the member to engage in his calling or in a remunerative occupation.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 17.
When tools of trade to become property of member
17. (1) Furniture, tools of trade, plant and equipment, professional instruments or other articles supplied by way of gift in pursuance of regulation 15 or regulation 16 of these Regulations shall not become the property of the grantee until the expiration of twelve months after the date on which they came into his possession.
(2) Until the expiration of that period, the furniture, tools of trade, plant and equipment, professional instruments or other articles, although in the possession of the grantee, shall remain the property of the Commission.
(3) The Commission may, at any time during that period of twelve months, if not satisfied that the furniture, tools of trade, plant and equipment, professional instruments or other articles are being put to proper use, require their return.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 18.
Orders for tools not to be transferred
18. (1) A member to whom an order is granted under regulation 15 or regulation 16 of these Regulations shall not tranfer the order to any other person.
(2) A trader or person to whom any such order is presented shall not supply to the person presenting the order any money or goods in lieu of the goods specified in the order.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 19.
Education and training of childrenSub-reg. (1) amended by 1953 No. 7 r. 8
19. (1) The provisions of Part VII of the Repatriation Regulations shall extend to and in relation to eligible children of members.
Amended by 1953 No. 7 r. 6; 1973 No. 283 r. 7(2) For the purposes of this regulation, "eligible child" means the child, whether under the age of sixteen years or not, but otherwise the child as defined in regulation 4 of these Regulations, of-
(a) a deceased member;
(b) a totally and permanently incapacitated member;
(c) a blinded member; or
(d) a member who is suffering from tuberculosis and who-
(i) has been granted a pension at the maximum rate specified in Schedule 2 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 Repatriation Regulations, as extended by this regulation, whichever is the later date.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 20.
Interpretation
PART IV-TRANSPORTATION
20. In this Part, "Australia" includes the Territories of the Commonwealth.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 21.
Wives, widows and children-passage to Australia
21. A Deputy Commissioner may, without regard to the financial means of any person concerned, authorize the transportation to Australia, at the expense of the Commonwealth, of the wife or child of a member, or the widow or child of a deceased member, who married outside Australia during the period of his service.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 22.
Expense borne by Commonwealth
22. Except as prescribed by the next succeeding sub-regulation, the expense to be borne by the Commonwealth, in respect of each person whose transportation to Australia is authorized pursuant to regulation 21 of these Regulations shall be such of the following expenses as the Commission determines in respect of any particular case or class of cases-
(a) the cost of that person's transportation by the most economical means of conveyance deemed suitable by the Deputy Commissioner, from the person's place of residence abroad to the port of the person's embarkation abroad for Australia and from the port of the person's disembarkation in Australia to the place of the person's intended residence in Australia;
(b) the cost of that person's passage, third-class, by ship from such port of embarkation abroad to the port of disembarkation in Australia, unless that class of accommodation is not available, or, with respect to any ship or the whole or any portion of the voyage, the Deputy Commissioner considers that class of accommodation unsuitable, then by the class or type of accommodation or transportation which the Deputy Commissioner approves;
(c) the cost of the transportation of that person's baggage from the person's place of residence abroad to the place of the person's intended residence in Australia;
(d) the cost of any necessary medical treatment or hospital accommodation of that person during the period of the journey or any portion of that cost which the Deputy Commissioner considers reasonable in the circumstances of the particular case;
(e) the reasonable cost of that person's board and lodging during the period of any break or delay in the journey which the Deputy Commissioner is satisfied was unavoidable or warranted in the circumstances of the particular case; and
(f) any other expenditure during the journey, necessarily incidental to that person's transportation, the inclusion of which the Deputy Commissioner considers warranted in the circumstances of the particular case.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 23.
Refund of expenses
23. If any person who would have been eligible under this Part for transportation to Australia at the expense of the Commonwealth has made the journey at that person's or another person's expense, the Commission may, at any time, refund to the person who bore that expense an amount not greater than the sum which would, in the circumstances of the particular case, have been borne by the Commonwealth, if the transportation had been authorized under the preceding provisions of this Part.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 24.
Transportation once only
24. A person shall not be eligible for transportation under any one of the preceding provisions of this Part more than once.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 25.
Loss or damage to baggage
25. Neither the Commonwealth, nor the Commission, nor any officer of the Department shall be liable in respect of any loss or damage caused during loading or unloading, or during transit, to any baggage belonging to a person who has been granted a free passage or transportation by the Department.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 26.
Payment of trainee's fare to places of employment
26. In the case of a member who is a trainee, or who has been approved for training, under any scheme of training provided by the Commonwealth for members, and who is being sent to an employer for employment for the purpose of training, continuation of training, or completion of training, within the provisions of that scheme, a Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, pay the fare of the member to the place of employment.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 27.
Removal expenses of trainees
27. (1) In the case of a member with a family who is a trainee, or who has been approved for training, under any scheme of training provided by the Commonwealth for members, who has been sent or is being sent to an employer for employment for the purpose of training, continuation of training, or completion of training, within the provisions of that scheme, and who desires to establish his home in the locality where he is employed or is to be employed for that purpose, a Deputy Commissioner may, subject to such conditions as the Commission from time to time determines, pay such fares and freights and other reasonable charges, directly related to removal to the locality of his employment, as are necessarily incurred in so removing the trainee and his family.
Amended by 1967 No. 151 r. 3(2) The amount payable to meet freight charges shall be such sum, not exceeding Thirty dollars on household belongings, as the Deputy Commissioner considers reasonable.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 28.
Funeral expenses
PART V-MISCELLANEOUS
Amended by 1948 No. 136 r. 2; 1953 No. 7 r. 7; 1967 No. 151 r. 3; 1973 No. 26; 1975 No. 96 r. 3; 1979 No. 224 r. 3
28. A Deputy Commissioner may grant a sum, not exceeding $300, towards the funeral expenses of a member-
(a) whose death is due to service;
(b) who dies in indigent circumstances; or
(c) who dies-
(i) in an institution;
(ii) while proceeding to or from an institution; or
(iii) after being discharged while terminally ill from an institution with the approval of the Deputy Commissioner,
being an institution to which he had been authorized to proceed for any purpose under regulation 5, 6 or 7,
and, in addition, may grant a sum, not exceeding the amount that would reasonably have been incurred in respect of the cost of transportation of the remains of the member to whom paragraph (a) or (c) of this regulation applies to the place where the member usually resided or such other place as the Deputy Commissioner approves.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 29.
Delegation of powers by Commission
29. (1) The Commission may, by writing under its seal, delegate any of its powers and functions under these Regulations (except this power of delegation but including any power or authority of the Commission under regulation 30 of these Regulations) in relation to any matters or class of matters, or to any State or Territory, so that the delegated powers and functions may be exercised and performed by the delegate as fully and effectually as by the Commission, with respect to the matters or class of matters specified, or the State or Territory defined, in the instrument of delegation.
(2) Every delegation pursuant to the last preceding sub-regulation shall be revocable at will by the Commission, by writing under its seal, and no delegation shall prevent the exercise of any power or the performance of any function by the Commission.
(3) Where the exercise of any power or the performance of any function by the Commission under, or the operation of any provision of, these Regulation is dependent upon the opinion or belief of the Commission in relation to any matter, that power or function may be exercised or performed by the person to whom that power or function has been delegated by the Commission in pursuance of this regulation or that provision may operate (as the case may be) upon the opinion or belief of that person in relation to that matter.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 30.
Exercise by Commission of powers of Deputy Commissioner or Education Board
30. (1) Any power or authority vested by these Regulations in a Deputy Commissioner or an Education Board shall be exercisable by the Commission.
(2) Where the exercise of any power or authority by a Deputy Commissioner or an Education Board under, or the operation of any provision of, these Regulations is dependent upon the opinion or belief of the Deputy Commissioner or Education Board in relation to any matter, that power or authority may be exercised by the Commission or that provision may operate, as the case may be, upon the opinion or belief of the Commission in relation to that matter.
(3) For the purpose of the last preceding sub-regulation, "the Commission" includes, in relation to any power or authority delegated by the Commission in pursuance of regulation 29 of these Regulations, the person to whom that power or authority has been delegated.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 31.
Application of certain provisions of the Repatriation Regulations
PART VI-APPLICATION OF REPATRIATION REGULATIONS
Heading amended by 1953 No. 7 r.8 Substituted by 1948 No. 82 r. 1; amended by 1948 No. 138 r. 4; 1950 No. 97 r. 5; 1953 No. 7 r. 8; 1961 No. 118 r. 5; 1968 No. 124; 1975 No. 96 r. 4; 1978 No. 185 r. 4
31. The provisions of regulation 5, Part II, Part III, regulations 65A, 71, 71A, 72, 77, 103, 103A and 104A, Divisions 1, 5 and 6 of Part IX, and regulations 176D, 180, 180AA, 180A, 185, 188, 189, 190, 191, 192, 192A and 192B of the Repatriation Regulations, as amended for the time being, shall, subject to the modifications, adaptations and exceptions specified in the Schedule, extend to and in relation to members and the dependants of members.
INTERIM FORCES BENEFITS REGULATIONS - SECT. 32.
Extension of regulations to female members
PART VII-EXTENSION OF APPLICATION OF REGULATIONS TO FEMALE MEMBERS OF
THE INTERIM FORCES
Sub-reg. (1) amended by 1953 No. 7 r. 8
32. (1) The provisions of Parts II to V of these Regulations and the provisions of the Repatriation Regulations which are extended by regulation 31 of these Regulations to and in relation to members and to the dependants of members shall, subject to this regulation, extend to and in relation to persons who are or have been female members of the Interim Forces (referred to in this regulation as "female members ").
Amended by 1953 No. 7 r. 8; 1973 No. 154 r. 4(2) For the purpose of those provisions (other than the provisions of Part II of the Repatriation Regulations) in their extended application-
(a) any reference to a member shall be read as a reference to a female member;
(b) any reference to a child shall be read as a reference to a female member's child-
* * * * * * * *
(ii) whose father, being the husband of the female member, is wholly dependent upon her, is dead, or is separated or divorced from, or has deserted, her, and the child is wholly or substantially dependent upon her and is without adequate means of support; or
(iii) whose mother, being the female member, is dead and the child is without adequate means of support.
Amended by 1973 No. 154 r. 4(3) Notwithstanding anything contained in paragraph (b) of sub-regulation (2) of this regulation, for the purpose of the extended application of regulation 19 of these Regulations-
(a) the definition of "eligible child" in that regulation applies according to its tenor; and
(b) although a child is not actually without adequate means of support, the Commission may determine that special circumstances warrant the child being regarded as an eligible child within the meaning of regulation 19 of these Regulations and, upon that determination, the provisions of that regulation shall apply accordingly.
(4) Notwithstanding anything contained in the preceding provisions of this regulation, a Deputy Commissioner, in reaching a decision as to any application for assistance or benefits under the provisions of these Regulations as extended by this regulation, shall, subject to the directions of the Commission, consider whether, having regard to the purpose or object of the provision applicable, a grant or approval is warranted to the full extent prescribed or any lesser extent which he considers appropriate, or is not warranted, in the circumstances of that particular case, and may make his decision accordingly.
Substituted by 1973 No. 154 r. 4(5) Notwithstanding paragraph (b) of sub-regulation (2) but subject to sub-regulation (6), for the purposes of the extended application of regulation 12 in relation to a female member, the definition of "child" in that regulation applies according to its tenor.
Inserted by 1972 No. 185 r. 3(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 a 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.
Sub-reg. (7) omitted by 1973 No. 154 r. 4
* * * * * * * *
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INTERIM FORCES BENEFITS REGULATIONS - SCHEDULE The Schedule amended by 1948 No. 82 r. 2; 1951 No. 8 r. 4; 1953 No. 7 r. 8; 1975 No. 96 r. 5; 1978 No. 185 r. 5
SCH
THE SCHEDULE
Heading amended by 1953 No. 7 r. 8SCH
MODIFICATIONS AND ADAPTATIONS OF AND EXCEPTIONS TO THE PROVISIONS OF THE REPATRIATION REGULATIONS EXTENDED TO AND IN RELATION TO MEMBERS AND
TO THE DEPENDANTS OF MEMBERS
(i) MODIFICATIONS
------------------------------------------------------------------------------ -- No. Provision Extent of Modification
------------------------------------------------------------------------------ -- (a) Regulation 6 . . . Omit the definitions of "child ", "dependant" and "member" and insert in their stead respectively
the following definitions:
" 'child' has the same meaning as in regulation 4
of the Interim Forces Benefits Regulations;
" 'dependant' means a dependant specified in
paragraph (b) of sub-section (2) of section 99 or
paragraph (b) of sub-section (2) of section 104 of
the Repatriation Act 1920-1952, as extended by
section 6 or section 7 of the Interim Forces
Benefits Act 1947-1950, and includes a person to
whom a pension is payable under sub-section (3) of
section 37 or section 46 of the first-mentioned Act, as so extended;
" 'member' means a male member or a female member
of the Interim Forces within the meaning of the
Interim Forces Benefits Act 1947-1950; ".
(b) Regulation 53 . . (i) Omit from sub-regulation (2) the words "these Regulations" and insert in their stead the words
"the Interim Forces Benefits Regulations "; and
(ii) Omit from sub-regulation (3) the words "these Regulations" and insert in their stead the words
"the Repatriation Regulations ".
(c) Regulation 180 . . (i) Insert in paragraph (b) of sub-regulation (1)
after the figures "66 (2)" the words "of the
Repatriation Regulations "; and
(ii) Insert after sub-regulation (7) the following
sub-regulation:
"(7A) Decoration allowance is not payable under
this regulation to a member to whom this regulation
applies where decoration allowance is payable to the member under regulation 180 of the Repatriation
Regulations. ".
(d) Regulation 180AA . Add at the end thereof the following sub-regulation: "(5) Victoria Cross allowance is not payable to a
member under this regulation where Victoria Cross
allowance is payable to the member under regulation
180AA of the Repatriation Regulations. ".
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(ii) ADAPTATIONS
(a) Any reference to "member" or "widow" shall be read as a reference to
that term as defined in regulation 4 of these Regulations.
(b) Any reference to "dependant" in provisions other than those of Part II
shall be read as a reference to a "dependant ", as defined in regulation 4 of
these Regulations.
(c) Any reference to "the Act" shall be read as a reference to the
Repatriation Act 1920-1952 in its extension to and in relation to members by
force of the Interim Forces Benefits Act 1947-1950.
(d) All provisions in which the words "due to war service" occur shall be
read as if the words "due to service" as defined in regulation 4 of these
Regulations, were substituted for the first-mentioned words.
(e) Any reference in regulation 71 to "wife" shall be read as a reference to that term as defined in regulation 4 of these Regulations.
(iii) EXCEPTIONS
Omit from regulation 5 the definitions of "active service ", "dependant ",
"due to war service ", "enlisted ", "enlistment ", "living wage or minimum
wage ", "member" and "widowed step-mother ".
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