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

STATUTORY RULES

1966 No. 83

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REGULATIONS UNDER THE NATIVE MEMBERS OF THE FORCES BENEFITS ACT 1957-1965.*

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 1957-1965.

Dated this twenty-first day of April, 1966.

CASEY

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

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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 “member” and inserting in its stead the following definition:—

“‘member’ means an aboriginal native of Australia or of an island in Torres Strait who was or is a native member of the Forces within the meaning of the Act;”.

Claims for pension.

2.—(1.) Regulation 7 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended—

(a)by omitting from sub-regulation (1.) the words “Deputy Commissioner”(second occurring) and inserting in their stead the word “Commission”; and

(b) by omitting from sub-regulation (2.) the words “Deputy Commissioner” (first occurring) and inserting in their stead the word “Commission”.

(2.) The amendments of regulation 7 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations effected by the last preceding sub-regulation does not affect a claim for pension lodged with a Deputy Commissioner, or an application for a pension made in writing, before the commencement of these Regulations.

Rates of pension.

3. Regulation 14 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3.) Where the incapacity of a member is such that he is unable to earn a living wage by reason that he is unable to engage in a remunerative occupation except on a part-time basis or intermittently, Table B in the First Schedule to these Regulations applies as if the figures Forty dollars fifty cents were substituted for the figures Twenty-four dollars in Column 2.”.

 

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* Notified in the Commonwealth Gazette on 28 April 1966.

 Statutory Rules 1965, No. 123.

2293/665.—Price 8c (9d.) 9/22.3.1966

Attendant’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 “Six pounds ten shillings” and inserting in their stead the words “Thirteen dollars”;

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

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

Additional pensions.

5. Regulation 17 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) Where the total amount per fortnight of pension payable to a member referred to in sub-regulation (3.) of regulation 14 of these Regulations would, but for this sub-regulation, by reason of the payment to him in accordance with the last preceding sub-regulation of an amount per fortnight specified in column two of the Fourth Schedule to these Regulations, exceed the amount per fortnight set out in the Second Schedule to these Regulations as the Special Rate of Pension, the amount per fortnight payable to him under the Fourth Schedule to these Regulations shall be reduced by the amount of the excess.”.

6. Regulation 21 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is repealed and the following regulation inserted in its stead:—

Pension payable to dependants on death of member after termination of war service.

“21. Where a member has died or dies, after the termination of his war service, from causes other than the result of an occurrence that happened during his war service and a pension—

(a)was being paid, or was payable, to a dependant of the member under these Regulations immediately before the death of the member; or

(b) would have been payable to a dependant of the member under these Regulations immediately before the death of the member if—

(i) in a case where a claim for pension had been lodged by the dependant, but had not been determined, before the death of the member—it had been so determined;

(ii) in a case where a claim for pension had not been lodged by the dependant before the death of the member—a claim for pension had been lodged by the dependant, and had been determined, before the death of the member; or

(iii) in a case where the dependant is a posthumous child of the member—the dependant had been born, and a claim for pension had been lodged by him, and had been determined, before the death of the member,

the dependant is entitled to receive that pension.”.

Acquisition of property, &c., to be notified.

7.Regulation 24 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended—

(a)by omitting from sub-paragraph (ii) of paragraph (g)of sub-regulation (6.) the words “One hundred pounds” and inserting in their stead the words “Two hundred dollars”;

(b)by inserting in sub-regulation (7.), after the word “Commission”, the words “or the Pensions Board”; and

(c)by omitting from sub-regulation (9.) the words “Twenty pounds” and inserting in their stead the words “Forty dollars”.

Offences.

8. Regulation 36 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting from sub-regulation (1.) the words “Twenty-five pounds” and inserting in their stead the words “Fifty dollars”.

Delegation of powers.

9. Regulation 39 of the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting from sub-regulation (1.) the words “and its powers under regulation 35 of these Regulations”.

First Schedule.

10. 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. 14 (1.)(a).

Column 1

Column 2

Class of Person Eligible for Pension

Rate of Pension Payable

Per fortnight

$

Widow of member.................................................................................................................

24.00

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.................................................................................................

14.30

(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.............................................................

14.30

(c) in any other case—

7.80

(i) for a first child

5.50

(ii) for a second and for each subsequent child

Any other dependant of member.........................................................................................

9.00, or such lesser amount as the Minister from time to time determines

First Schedule—continued

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

Regs. 14 (1.) (b) and (c) and 19.

Column 1

Column 2

Class of Person Eligible

Rate of Pension Payable

Per fortnight

$

Member................................................................................................................

24.00

Wife of member..................................................................................................

8.10

Child of member under sixteen years of age.................................................

2.75

Any other dependant of member...................................................................

9.00, or such lesser amount as the Minister from time to time determines

Second Schedule.

11. The Second Schedule to the Native Members of the Forces (Torres Strait Islands) Benefits Regulations is amended by omitting the words “Twenty-eight pounds ten shillings” (wherever occurring) and inserting in their stead the words “Fifty-seven dollars”.

Fourth Schedule.

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

FOURTH SCHEDULE.

RATE OF PENSION IN RESPECT OF SPECIFIED DISABILITIES.

Regs. 17 and 20.

Column 1

Column 2

Description of Disability

Amount

Per fortnight

$

Two arms amputated.....................................................................................................................

33.00

Two legs and one arm amputated...............................................................................................

33.00

Two legs amputated above the knee...........................................................................................

33.00

Two legs amputated and loss of eye............................................................................................

33.00

One leg and one arm amputated and one eye destroyed..........................................................

33.00

One leg and one arm amputated..................................................................................................

33.00

One leg amputated above, and one leg amputated below, the knee......................................

14.20

Two legs amputated below the knee...........................................................................................

9.50

One arm amputated and one eye destroyed...............................................................................

8.40

One leg amputated and one eye destroyed.................................................................................

8.40

One leg amputated above the knee..............................................................................................

4.30

One leg amputated below the knee..............................................................................................

2.70

One arm amputated above the elbow..........................................................................................

4.30

One arm amputated below the elbow..........................................................................................

2.70

Loss of vision in one eye...............................................................................................................

3.60

Application.

13. In so far as an amendment made by these Regulations affects instalments of pensions or allowances, the amendment applies in relation to an instalment of a pension or an allowance, as the case may be, that fell due on the seventh day of October, 1965, and to all subsequent instalments.

Repeal.

14. The following Statutory Rules amending the Native Members of the Forces (Torres Strait Islands) Benefits Regulations (being Statutory Rules 1961, No. 72, as subsequently amended), that is to say, Statutory Rules 1964, No. 165, and Statutory Rules 1965, No. 3, are repealed.

    

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