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

STATUTORY RULES

1968 No

_________

 

REGULATIONS UNDER THE NATIVE MEMBERS OF THE FORCES BENEFITS ACTS 1957-1968.*

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 Native Members of the Forces Benefits Act, 1957-1968.

Dated this third day of October, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

 

Minister of State for Repatriation.

___________

 

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

Definitions.

1.Regulation 4 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting the definition of ‘pension’ and inserting in its stead the following definition:—

“‘pension’ means a pension under these Regulations and includes a service pension and any allowances under regulation 15a and regulation 16 of these Regulations;”.

Rates of pension.

2. Regulation 14 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting from sub-regulation (3.) the figures “42.50” and inserting in their stead the figures “48.50”.

Allowance to compensate for serious incapacity.

3.After regulation 15 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations the following regulation is inserted:—

“15a.—(1.) This regulation applies in relation to a member to whom there is payable pension (other than pension payable under the Second Schedule to these Regulations) at a rate of an amount per fortnight that—

(a) is less than Forty-eight dollars fifty cents per fortnight; and

____________________________________________________________________________________

* Notified in the Commonwealth Gazette on  1968.

  Statutory Rules 1965. No. 123, as amended by Statutory Rules 1966, Nos. 83 and 171; and 1967, No. 140.

22005/68—Price 8c 9/23.9.1968

(b)is, after deducting any amount payable under the Fourth Schedule to these Regulations, not less than seventy-five per centum of the amount of pension per fortnight specified in relation to the member in column 2 of Table B in the First Schedule to these Regulations.

“(2.) There is payable to a member in relation to whom this regulation applies, in addition to any other pension, an allowance—

(a)where the amount of pension (excluding any amount payable under the Fourth Schedule to these Regulations) per fortnight payable to the member is equal to the amount of pension per fortnight specified in relation to the member in column 2 of Table B in the First Schedule to these Regulations—at the rate of Six dollars per fortnight; or

(b)in any other case—at the rate of the amount per fortnight that bears the same proportion to Six dollars as the amount of pension (excluding any amount payable under the Fourth Schedule to these Regulations) per fortnight payable to the member bears to the amount of pension per fortnight specified in relation to the member in column 2 of Table B in the First Schedule to these Regulations.

“(3.) For the purposes of this regulation—

(a) where—

(i) the incapacity of a member results from a disability that is, or from disabilities at least one of which is, capable of being alleviated by the use of aids to vision or hearing aids; and

(ii) the assessment of the rate of the pension of the member has not been affected by regulation 19 of these Regulations,

the amount per fortnight at which pension is payable to the member shall, except for the purposes of comparison with the amount referred to in paragraph (a)of sub-regulation (1.) of this regulation, be deemed to be the amount that would be so payable if the rate of pension were assessed having regard to the incapacity remaining after any disability or disabilities capable of being alleviated by the use of aids to vision or hearing aids were so alleviated; and

(b)where the rate of pension of the member has been assessed in accordance with regulation 19 of these Regulations, the amount per fortnight at which pension is payable to the member shall, except for the purposes of comparison with the amount referred to in paragraph (a) of sub-regulation (1.) of this regulation, be deemed to be the amount that would be so payable if the rate of pension—

(i) were assessed without regard to regulation 19 of these Regulations; and

(ii) where the incapacity of the member results from a disability that is, or from disabilities at least one of which is, capable of being alleviated by the use of aids to vision or hearing aids —were also assessed having regard to the incapacity remaining after any disability or disabilities capable of being alleviated by the use of aids to vision or hearing aids were so alleviated.

“(4.) In this regulation, ‘pension’ does not include a service pension, an allowance under this regulation or an allowance under the next succeeding regulation”.

Attendance’s allowance for blind and other members.

4. Regulation 16 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “Thirteen dollars” and inserting in their stead the words “Fifteen dollars”;

(b)by omitting from sub-regulations (2.) and (3.) the words “Twenty-one dollars” and inserting in their stead the words “Twenty-four dollars”; and

(c) by omitting from sub-regulations (4.) and (5.) the words “Thirteen dollars” and inserting in their stead the words “Fifteen dollars”.

First Schedule,

5. The First Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting Table A and inserting in its stead the following Table:—

Column 1	Column 2
Class of Person Eligible for Pension	Rate of Pension Payable
Per fortnight
$
Widow of member...............................................................................................	28.00
Child of member—
(a) where (in the case of a child other than an ex-nuptial child) both the member and his wife are dead...................................................................	20.30
(b) where the last preceding paragraph does not apply and the Pensions Board or the Commission is satisfied that the child is not being maintained by a parent, adoptive parent or step-parent of the child..........	20.30
(c) in any other case—
(i) for a first child.................................................................................	10.80
(ii) for a second and for each subsequent child....................................	8.50
Any other dependent of member..........................................................................	9.00, or such lesser amount as the Minister from time to time determines.

Second Schedule.

6. The Second Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting the words “Sixty-one dollars” (wherever occurring) and inserting in their stead the words “Sixty-seven dollars”.

Fourth Schedule.

7.The Fourth Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting from column 2 the figures “37.00” (wherever occurring) and inserting in their stead the figures “43.00”.

Commencement.

8.—(1.) The amendments made by these Regulations shall be deemed to have come into operation on the third day of October, 1968.

(2.) In so far as an amendment made by these Regulations affects installments of pension, the amendment shall be deemed to have applied, or applies, as the case may be, in relation to an installment of pension that fell due on the date specified in the last preceding sub-regulation and to all subsequent instalments.

      

__________________

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