Native Members of the Forces (Torres Strait Islands) Benefits Regulations (Amendment) (Cth)

STATUTORY RULES.

1962. No. 77.

REGULATIONS UNDER THE NATIVE MEMBERS OF THE FORCES

BENEFITS ACT 1957.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the NativeMembersoftheForcesBenefitsAct 1957.

Dated this thirtieth day of August, 1962.

DALLAS BROOKS

Administrator.

By His Excellency’s Command,

Minister of State for Repatriation.

Amendments of the Native Members of the Forces (Torres Strait

Islands) Benefits Regulations.

1. After regulation 17 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations the following regulation is inserted:—

Allowances to certain widows.

“17a. Subject to such conditions as the Commission determines, an allowance at the rate of Six pounds five shillings per fortnight is payable to—

(a) a widow of a member who has attained the age of fifty years or is, in the opinion of the Commission, permanently unemployable; or

(b) a widow of a member with a child who has the care and custody of the child or has made arrangements for the care and custody of the child which, in the opinion of the Commission, warrant payment of the allowance, and the child—

(i) is undergoing a course of education or training approved for the purpose of this regulation by the Commission and is not in receipt of, or entitled to be paid, a wage that, in the opinion of the Commission, is an adequate living wage; or

(ii) is under the age of sixteen years.”.

* Notified in the Commonwealth Gazette on 6th September, 1962.

Statutory Rules 1961, No. 72.

3269/62.—Price 3d. 10/17.8.1962.

First Schedule.

2. The First Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is repealed and the following Schedule inserted in its stead:—

First Schedule.

general pension rates.

Table A.—Pensions Payable in Case of Death of Member. Reg. 9 (a).

Class of Person Eligible for Pension.	Rate of Pension Payable.
Per fortnight.
£	s.	d.
Widow of member....................................................................................................................	11	10	0
Child of member—
in respect of one such dependant......................................................................................	3	18	0
in respect of each other such dependant..........................................................................	2	15	0
Any other dependant of member...........................................................................................	4	10	0, or such
	lesser amount as the Minister from time to time determines.

Reg. 9 (b).

Table B.—Pensions Payable in Case of Total Incapacity of Member.

Class of Person Eligible.	Rate of Pension Payable.
Per fortnight.
£	s.	d.
Member.......................................................................................................................................	11	10	0
Wife of member........................................................................................................................	3	11	0
Child of member under sixteen years of age........................................................................	1	7	6
Any other dependant of member...........................................................................................	4	10	0, or such
lesser amount as the Minister from time to time determines.

Second Schedule.

3. The Second Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting the words “Twenty-one pounds per calendar month” and inserting in their stead the words “Twenty-six pounds ten shillings per fortnight”.

Application of amendments.

4.—(1.) The amendments made by these Regulations in so far as they affect instalments of pension apply in relation to an instalment of pension falling due on the first pension pay-day occurring on or after the date of commencement of these Regulations and to all subsequent instalments.

(2.) Where—

(a) an instalment of pension was payable to a person under the Native Members of the Forces (Torres Strait Islands) Benefits Regulations on a pension pay-day that occurred in the period that commenced on the twelfth day of April, 1962, and ended on the day immediately preceding the date of commencement of these Regulations; or

(b) a person becomes entitled to payment of an instalment of pension payable in respect of pension pay-day that occurred in that period,

the person is entitled, in respect of each of those instalments of pension, to payment of the additional amount that would have been payable if the amendments made by these Regulations had been in force during the periods in respect of which those instalments were payable.

(3.) Where a widow of a member—

(a) receiveda payment of an instalment of pension on a pension pay-day that occurred in the period that commenced on the twelfth day of April, 1962, and ended on the day immediately preceding the date of commencement of these regulations; or

(b) becomes entitled to payment of an instalment of pension payable in respect of a pension pay-day that occurred in that period,

the widow shall be paid, in respect of each of those pension pay-days, the allowance that would have been payable if the amendments made by these Regulations had been in force during the periods in respect of which those instalments were payable.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.