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

STATUTORY RULES

1965 No. 123

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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 Native Members of the Forces Benefits Act 1957.

Dated this twenty-third

day of August, 1965.

HENRY ABEL SMITH

Administrator.

By His Excellency’s Command,

G. COLIN McKELLAR

Minister of State for Repatriation.

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NATIVE MEMBERS OF THE FORCES (TORRES STRAIT ISLANDS) BENEFITS REGULATIONS

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Native Members of the Forces (Torres Strait Islands) Benefits Regulations.

Repeal.

2. The Native Members of the Forces (Torres Strait Islands) Benefits Regulations (being Statutory Rules, 1961, No. 72; Statutory Rules, 1962, No. 77; Statutory Rules, 1962, No. 116) are repealed.

Parts.

3. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary (Regulations 1-5).

Part II.—Pensions

Division 1.—Claims for Pensions (Regulations 6-13).

Division 2.—Rates of Pensions (Regulations 14-21).

Division 3.—Service Pensions (Regulations 22-24).

Division 4.—Cessation of Pensions (Regulations 25-27).

Part III.—Benefits, Advantages and Assistance (Regulations 28-30).

Parts IV.—Miscellaneous (Regulations 31-41).

Definitions.

4. In these Regulations unless the contrary intention appears—

“blind member” means a member who is blind as a result of war service, or whose eyesight is, in the opinion of the Commission, so defective, due to war service, that he has no useful sight;

“child” means a child, under the age of sixteen years, of a member being his son, daughter, step-son, step-daughter, adopted child or ex-nuptial child but does not include an ex-nuptial child born more than nine months after his war service unless he has adopted the child or unless he has married the mother of the child;

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* Notified in the Commonwealth Gazette on 2 September 1965.

16167/64.—Price 2s. (20c) 10/29.7.1965

 “deceased member” means a member whose death was due to war service;

“dependant”, in relation to a member, means—

(a) the wife or widow of the member;

(b) a child of the member; and

(c) a person whom the Commission determines to be a person who is or was dependent on the member;

“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;

“member” means a native member of the Forces who was or is an aboriginal native of an island in Torres Strait;

“pension” means a pension under these Regulations and includes the allowances under regulation 16 of these Regulations;

“pensioner” means a person to whom a pension or allowance is payable under the Act or these Regulations;

“the Act” means the Native Members of the Forces Benefits Act 1957;

“the Deputy Commissioner” means the Deputy Commissioner of Repatriation, Queensland;

“the Commission” means the Repatriation Commission;

“totally and permanently incapacitated”, in relation to a member, means that he has been accepted, in pursuance of the Act and these Regulations, as incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living wage;

“war service” means service in the Defence Force during the war.

General powers of Repatriation Commission.

5.—(1.) The Commission is a prescribed authority for the purposes of the Act in its application to members and their dependants.

(2.) The Commission has, and may exercise, all or any of the powers and functions that are, by these Regulations, conferred on the Pensions Board or on the Deputy Commissioner.

(3.) The Commission may direct that a specified case or cases included in a specified class of cases be referred to it for determination.

Part II.—Pensions.

Division 1.—Claims for Pensions.

Who may claim pension.

6. A claim for a pension may be made—

(a) by a member, in respect of his own incapacity;

(b) by a dependant of a member, in respect of the incapacity or death of the member; or

(c) by a person authorized by the member or the dependant in that behalf.

Claims for pension.

7.—(1.) A person who claims a pension shall lodge with the Deputy Commissioner a claim in the form approved by the Deputy Commissioner.

(2.) An application for a pension made in writing, otherwise than in accordance with the form approved by the Deputy Commissioner may, if the Deputy Commissioner so determines, be accepted as a claim for the purposes of these Regulations if the claimant subsequently lodges a claim in the approved form.

Investigation of claims.

8. Upon receipt of a claim for a pension, the Deputy Commissioner shall investigate the claim and shall ascertain from the claimant, the dependant or any other person, such information as may be necessary for the determination of the claim.

Pensions Board.

9.—(1.) For the purposes of these Regulations, there shall be a Pensions Board consisting of three members appointed by the Minister.

(2.) The Minister shall appoint one of the members of the Pensions Board to be Chairman of the Pensions Board.

Determination of claims by Pensions Board.

10.—(1.) The Deputy Commissioner shall, after investigating a claim, refer it to the Pensions Board and the Pensions Board shall determine—

(a) whether the incapacity or death of a member, in respect of which the pension is claimed—

(i) has resulted from any occurrence that happened during the period of his service in the Defence Force during the war; or

(ii) has arisen out of or is attributable to that service;

(b) whether a person who has claimed to be a dependant is a dependant and the nature and extent of his dependancy; and

(c) subject to these Regulations, the rate of pension payable to the claimant.

(2.) Where a determination has been made under the last preceding sub-regulation, the Deputy Commissioner shall thereupon inform the claimant that his claim for pension—

(a) has been allowed;

(b) has been rejected;

(c) has been allowed subject to a condition or conditions, as the case may be.

(3.) Where a claim has been allowed subject to a condition or conditions, the Deputy Commissioner shall inform the claimant of the nature of that condition or those conditions.

Appeals.

11. An appeal shall lie to the Commission from any determination of the Pensions Board under this Part.

Method of determining claims and appeals.

12.—(1.) The Pensions Board and the Commission in hearing, determining or deciding a claim, application or appeal,

(a) shall act according to substantial justice and the merits of the case;

(b) shall not be bound by technicalities or legal forms or rules of evidence; and

(c) shall give to the claimant, applicant or appellant the benefit of any doubt—

(i) as to the existence of any fact, matter, cause or circumstance which would be favourable to the claimant, applicant or appellant; or

(ii) as to any question whatsoever (including the question whether the incapacity from which the member is suffering or from which he has died was contributed to in any material degree, or was aggravated, by the conditions of his war service) which arises for decision under his claim, application or appeal.

(2.) It shall not be necessary for the claimant, applicant or appellant to furnish proof to support his claim, application or appeal but the Pensions Board or the Commission shall be entitled to draw, and shall draw, from all the circumstances of the case, from the evidence furnished and from medical opinions, all reasonable inferences in favour of the claimant, applicant or appellant, and in all cases the onus of proof shall lie on the person or authority who contends that the claim, application or appeal should not be granted or allowed to the full extent claimed.

Medical reports.

13.—(1.) A medical practitioner shall, in reporting on a claim, set out his opinion—

(a) if the claim is in respect of the death of a member—as to the cause of the death; and

(b) if the claim is in respect of the incapacity of a member—as to the nature, extent and cause of the incapacity,

and shall also set out whether, in his opinion, the incapacity from which the member is suffering or has died—

(c) resulted from an occurrence that happened during his war service;

(d) arose out of or is attributable to his war service; or

(e) has been contributed to in any material degree, or has been aggravated, by the conditions of his war service.

(2.) Where a medical practitioner entertains any doubt concerning any of the matters on which he is, by the last preceding sub-regulation, required to report, he shall state in his report that he entertains such a doubt and shall indicate, as far as practicable, the nature and extent of his doubt.

(3.) The provisions of this regulation extend to every medical practitioner who is required by the Pensions Board or the Commission to report on a claim whether he is a member of the Repatriation Department or not.

Division 2.—Rates of Pensions.

Rates of pension.

14.—(1.) Subject to this Part, the rates of pensions are as follows:—

(a) in respect of the death of a member—the rates ascertained in accordance with Table A in the First Schedule to these Regulations;

(b) in respect of the total incapacity of a member—the rates ascertained in accordance with Table B in the First Schedule to these Regulations;

(c) in respect of the partial incapacity of a member—such percentage of the rates specified in Table B in the First Schedule to these Regulations as is determined by the Pensions Board or the Commission, having regard to the duration of the

incapacity of the member, or, where the incapacity is due to a disability specified in the Third Schedule to these Regulations, the percentage of those rates specified opposite to that disability, as the case may be; and

(d) in respect of a member referred to in the Second Schedule to these Regulations—the special rate of pension specified in, or determined in accordance with, that Schedule.

(2.) For the purposes of an item in the Third Schedule to these Regulations, a leg, foot, hand, arm or eye shall be deemed to be lost if it is rendered permanently and wholly useless.

Pension for temporary total incapacity.

15. Where—

(a) a member is temporarily totally incapacitated to such an extent as to be precluded from earning other than a negligible percentage of a living wage while he is so incapacitated; and

(b) the aggregate of the rate of pension payable to that member under Table B of the First Schedule to these Regulations and the amount (if any) payable to him under the Fourth Schedule to these Regulations is less than the special rate of pension specified in the Second Schedule to these Regulations,

the Pensions Board may grant an additional pension to that member at a rate not exceeding the difference between that aggregate sum and that special rate of pension.

Attendant’s allowance for blind and other members.

16.—(1.) The Pensions Board may grant to a member who as a result of war service—

(a) has been blinded; or

(b) has been deemed by the Pensions Board to be in need of an attendant in consequence of an injury or disease affecting the cerebro-spinal system, or of an injury or disease causing incapacity similar in effect or in severity to the incapacity caused by a disease affecting the cerebro-spinal system,

an allowance at the rate of Six pounds ten shillings per fortnight for an attendant.

(2.) The Pensions Board may grant to a member who, as a result of war service, has been blinded and also afflicted with total loss of speech or total deafness, an allowance at the rate of Ten pounds ten shillings per fortnight for an attendant.

(3). The Pensions Board may grant to a member who, as a result of war service, has had both arms amputated an allowance at the rate of Ten pounds ten shillings per fortnight for an attendant.

(4.) The Pensions Board may grant to a member who, as a result of war service, has had both legs amputated at the hip, or one leg amputated at the hip and the other leg amputated in the upper third of the leg, an allowance at the rate of Six pounds ten shillings per fortnight for an attendant.

(5.) The Pensions Board may grant to a member who, as a result of war service, has had both legs and one arm amputated an allowance of Six pounds ten shillings per fortnight for an attendant.

(6.) Where a member is maintained in an establishment at the public expense, an allowance for an attendant shall cease to be payable from the first day on which a periodical payment of pension is made after the date of his admission to the establishment and shall not be payable while he remains in the establishment.

Additional pensions.

17.—(1.) The Pensions Board may grant to a member who is suffering from a disability described in Column 1 of the Fourth Schedule to these Regulations the amount specified in relation to that disability in Column 2 of the Schedule in addition to the pension payable under the Third Schedule to these Regulations.

(2.) For the purposes of an item in the Fourth Schedule—

(a) amputation below the knee or below the elbow shall, where the knee or elbow action is lost, be deemed to be amputation above the knee or above the elbow, as the case may be;

(b) amputation of a foot shall be deemed to be amputation of a leg below the knee;

(c) amputation of a hand shall be deemed to be amputation of an arm below the elbow; and

(d) a leg, foot, hand or arm shall be deemed to have been amputated and an eye shall be deemed to have been lost or destroyed if it has been rendered permanently and wholly useless.

Exclusion of double payments.

18. A member shall not be entitled to receive a pension under both the Second Schedule to these Regulations and the Fourth Schedule to these Regulations at the same time.

Pension for pulmonary tuberculosis.

19.—(1.) The rate of pension payable to a member in respect of incapacity caused by pulmonary tuberculosis shall be not less than the rate specified in Table B in the First Schedule to these Regulations as the rate payable to a member.

(2.) Such a pension shall not be terminated or reduced below the rate so specified unless it is shown that the pension was obtained by fraud or impersonation.

Pensions to dependants of certain members who have died.

20.—(1.) 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 the member, immediately before his death—

(a) was receiving a pension under the Second Schedule to these Regulations; or

(b) was receiving an amount in respect of a disability described in any of the first eight items in Column 1 of the Fourth Schedule to these Regulations,

the dependants of that member shall, subject to these Regulations, be entitled to receive, as from the death of the member, the pension that would have been payable to them if the member’s death had resulted from an occurrence that happened during his war service.

(2.) Where—

(a) a member of the Forces was not, immediately prior to his death, in receipt of a pension or an amount referred to in paragraph (a) or (b) of the last preceding sub-regulation; and

(b) by virtue of a determination, decision or assessment made under these Regulations after his death such a pension or amount becomes payable in respect of the member for a period terminating immediately prior to his death,

the member shall, for the purposes of the last preceding sub-regulation, be deemed to have been in receipt of such a pension or amount immediately prior to his death.

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

21. A dependant of a member who 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 shall be entitled to receive the pension that—

(a) was being paid;

(b) was payable;

(c) would, but for the fact that a claim, although lodged, had not been determined, have been payable; or

(d) would, if a claim for a pension had been lodged before the death of the member, have been payable,

to the dependant at the rate at which pension would have been paid or payable if the member had not died and the nature and extent of his incapacity had remained as they were immediately before his death.

Division 3.—Service Pensions.

Interpretation.

22. Where a word or phrase used in this Division is defined in Division 5 of Part III. of the Repatriation Act 1920-1964, that word or phrase as so used shall, unless the contrary intention appears, have the meaning given to it in that Division.

Service pensions.

23.—(1.) A service pension may be granted by the Pensions Board or the Commission to—

(a) a member;

(b) the wife of a member; or

(c) the child of a member,

at the same rate and subject to the same conditions as a service pension is payable under Division 5 of the Repatriation Act 1920-1964 to—

(d) a member of the Forces as defined in Division 6 of Part III. of that Act;

(e) the wife of such a member of the Forces; or

(f) the child of such a member of the Forces,

as the case may be.

(2.) Supplementary assistance is payable to a person to whom a service pension is payable under the last preceding sub-regulation at the same rate and subject to the same conditions as supplementary assistance is payable to a person under section 98a of the Repatriation Act 1920-1964.

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

24.—(1.) Whenever a service pensioner becomes the owner of property, he shall, within twenty-eight days after becoming the owner of that property, notify the Commission or the Pensions Board accordingly.

(2.) Where the average weekly rate of any income, other than service pension, received in any prescribed period by a service pensioner who—

(a) is not married, or is married but is living apart from his spouse; and

(b) is not a person in receipt of an allowance under sub-regulation (2.) of regulation 23 of these Regulations,

is higher than the prescribed rate and is higher than the average weekly rate of the income last specified by him in an application, statement or notification made for the purposes of this Division, the pensioner shall, within fourteen days after the expiration of that period, notify the Commission or the Pensions Board of the amount of the income received by him in that period.

(3.) Where the average weekly rate of the sum of—

(a) any income, other than service pension, received in any prescribed period by a service pensioner who—

(i) is married and is not living apart from his spouse; and

(ii) is not a person in receipt of an allowance under sub-regulation (2.) of regulation 23 of these Regulations; and

(b) any income, other than service pension, received by his spouse, is higher than the prescribed rate and is higher than the average weekly rate of the sum of the income of the pensioner and the income of his spouse last specified by him in an application, statement or notification made for the purposes of this Division, the pensioner shall, within fourteen days after the expiration of that period, notify the Commission or the Pensions Board of the amount of the income received by him, and the amount of the income received by his spouse, in that period.

(4.) For the purposes of the last two preceding sub-regulations—

“prescribed period”, in relation to a service pensioner, means—

(a) any period of such number of consecutive weeks as the Commission from time to time determines and causes to be notified, in writing, to the pensioner; or

(b) in the absence of such determination and notification—any period of eight consecutive weeks;

“prescribed rate”, in relation to a service pensioner, means—

(a) such rate as the Commission from time to time determines and causes to be notified, in writing, to the pensioner; or

(b) in the absence of such determination and notification—

(i) if the pensioner is married and is not living apart from his spouse—the rate specified in sub-paragraph (i) of paragraph (b) of the definition of “prescribed rate” in sub-section (4.) of section 45 of the Social Services Act 1947-1964; or

(ii) in any other case—the rate specified in subparagraph (ii) of paragraph (b) of that definition.

(5.) A notification for the purposes of the last preceding sub-regulation may be given by sending it by post to the address of the pensioner last known to the Commission.

(6.) In the event of—

(a) the marriage or remarriage of a service pensioner;

(b) the dissolution of the marriage of a service pensioner;

(c) a married service pensioner ceasing to live with his spouse or ceasing to live apart from his spouse;

(d) the death of the spouse of a service pensioner;

(e) a service pensioner ceasing to reside in a home owned by him or his spouse;

(f) a service pensioner becoming an inmate of a benevolent home; or

(g) a service pensioner disposing of any property the value of which—

(i) is, by virtue of paragraph (b) of sub-section (1.) of section ninety of the Repatriation Act 1920-1964, disregarded in the computation of the net capital value of accumulated property for the purposes of Division 5 of Part III. of that Act; and

(ii) exceeds One hundred pounds,

the pensioner shall notify the Commission or the Pensions Board accordingly within fourteen days after the occurrence of the event.

(7.) A service pensioner—

(a) shall not leave Australia, except to go to a Territory of the Commonwealth outside Australia; or

(b)shall not leave a Territory of the Commonwealth outside Australia, except to go to Australia or to another Territory of the Commonwealth outside Australia,

without first giving notice to the Commission of his intention so to leave Australia or the Territory.

(8.) Where a member of the Forces is in receipt of a service pension and a child of the member who is in the custody, care and control of the member—

(a) ceases to be in the custody, care or control of the member; or

(b)being a child referred to in paragraph (b)of the definition of “Child” in sub-section (1.) of section eighty-three of the Repatriation Act 1920-1964—

(i) ceases to be wholly or substantially dependent on the member; or

(ii) ceases to receive full-time education at a school, college or university,

the member shall, within fourteen days after the child so ceases, notify the Commission or the Pensions Board accordingly.

(9.) Where a child of a member of the Forces who—

(a)is not in the custody, care and control of the member;

(b) is a child referred to in paragraph (b) of the definition of “Child” in sub-section (1.) of section eighty-three of the Repatriation Act 1920-1964; or

(c) is in receipt of a service pension,

ceases to receive full-time education at a school, college or university, the person to whom the service pension is paid on behalf of, or as trustee of, the child shall, within fourteen days after the child so ceases, notify the Commission or the Pensions Board accordingly.

Penalty: Twenty pounds.

Division 4.—Cessation of Pensions.

Cessation of pension payable to dependants of member.

25.—(1.) A pension payable to a person (other than the wife or widow of a member) who is a dependant of a member and who, at the date of commencement of payment of the pension, is under the age of sixteen years shall cease upon that person attaining the age of sixteen years.

(2.) A pension payable to a person who is a dependant of a member, not being a person who was a dependant of a deceased member, and who, at the date of commencement of payment of the pension is of the age of sixteen years or over, shall cease when that person, in the opinion of the Commission, ceases to be a dependant.

(3.) A pension payable to a person who was a dependant of a deceased member shall cease when the Commission is satisfied that that person would, if the deceased member were still alive, have ceased to be a dependant.

Cessation of pension payable to widow.

26. A pension payable to a widow of a member shall cease upon her re-marriage.

Suspension of pensions.

27. The Pensions Board or the Commission may determine—

(a)that in such cases as it thinks fit, payment of a pension shall be suspended;

(b) the date from which such a suspension shall take effect; and

(c) the date of re-commencement of payment of a pension that has been suspended.

Part III.—Benefits, Advantages and Assistance.

Benefits and allowances.

28.—(1.) The benefits, advantages and assistance for which members and their dependants are eligible are—

(a)medical treatment;

(b)travelling expenses;

(c) decoration allowance;

(d)education and training benefits;

(e)sustenance allowance;

(f) attendance allowance;

(g)recreation transport allowance;

(h)allowance for a widow who remarries and is subsequently widowed;

(i) allowances to widows;

(j) immediate grants to necessitous members;

(k)funeral grants; and

(l) clothing allowance.

(2.) A benefit, advantage or assistance referred to in the last preceding sub-regulation is available at the rate at which, and subject to the conditions under which, the like benefit, advantage or assistance is payable under the Repatriation Regulations to—

(a) a member of the Forces as defined in Division 6 of Part III. of the Repatriation Act 1920-1964;

(b)the wife of such a member of the Forces; and

(c) the child of such a member of the Forces,

as the case may be.

Gratuity on re-marriage;

29.—(1.) Where a widow of a member is in receipt of a pension under these Regulations, other than a service pension, and remarries, she may be paid a gratuity equal to twenty-six instalments of pension at the rate payable to her immediately before her re-marriage.

(2.) For the purposes of the last preceding sub-regulation, a widow shall be deemed to be in receipt of a pension if she lodged a claim for payment of a pension, or makes application for the gratuity, within twelve months after her re-marriage, and a pension would have been payable to her if her entitlement had been determined before her re-marriage.

Applications for benefits, &c.

30. An application for a benefit, allowance or assistance under this Part shall be made to the Deputy Commissioner in such form as the Deputy Commissioner determines.

Part IV.—Miscellaneous.

Date from which pension is payable.

31. The Pensions Board or the Commission may approve of payment of a pension, other than a service pension, from a date not more than three months before the date of lodgment of the claim for pension.

Payment by instalments.

32.—(1.) Pensions are payable in such instalments as the Commission determines, and may be paid in advance.

(2.) The instalment of a pension covering a period of less than a fortnight shall be in proportion to the number of days in a fortnight.

(3.) In this section, “pension” includes an allowance under sub-regulation (2.) of regulation 23 of these Regulations.

Deductions, from pensions and allowances of certain amounts.

33.—(1.) Where, by virtue of a determination or decision made under these Regulations, an amount of pension, allowance or benefit becomes payable in respect of a period before the date on which the determination or decision was made, there shall be deducted from that amount, the amount of any payment made during that period, by way of pension, allowance or benefit whether under the provisions of these Regulations or any other Act or Regulations, which would not have been made if the first-mentioned pension, allowance or benefit had then been payable.

(2.) Where an amount which has been paid by way of pension, allowance or benefit is recoverable from a person, that amount may be recovered by deductions from any pension, allowance or benefit payable to that person under any of those provisions.

Determination of claim where claimant dies.

34.—(1.) Where—

(a) a claim has been made for payment of a pension;

(b) the claimant dies; and

(c) at the date of the death of the claimant—

(i) the claim has not been determined by the Pensions Board; or

(ii) the claim has been so determined but the claimant has a right of appeal to the Commission or an appeal made by the claimant to the Commission has not been determined,

the legal personal representative of the claimant or, if there is no legal personal representative, a person approved by the Commission as the claimant’s representative may, for the purpose of procuring payment of pension in respect of a period before the death of the claimant, lodge an

appeal to the Commission or continue such an appeal, as the case requires, as if the legal personal representative or the person so approved were the original claimant, and the claim or appeal shall be decided or determined as if the claimant had not died.

(2.) Pension payable in respect of a period before the death of the claimant, as a result of a determination or decision under the last preceding sub-regulation, forms part of the estate of the claimant.

Appointment of trustee, &c.

35.—(1.) Where the Commission is satisfied that, having regard to the age, infirmity, ill-health or improvidence of a pensioner, it is expedient that payment of a pension, allowance or monetary benefit payable to the pensioner should be made to another person on behalf of, or as trustee of, the pensioner, or where a pensioner consents to payment of a pension or allowance payable to him being so made, the Commission may, by instrument in writing—

(a)authorize payment of the pension or allowance to be made to another person on behalf of the pensioner; or

(b) appoint a person to be the trustee, or itself assume the office of trustee, of the pensioner in respect of the pension or allowance.

(2.) Where the Commission has appointed a person to be the trustee, or has itself assumed the office of trustee, of a pensioner in respect of a pension or allowance, the pension or allowance—

(a) may be paid to the person so appointed, or the Commission, as the case may be; and

(b)may, subject to the directions of the Commission, be disbursed or accumulated by the person so appointed, or may be disbursed or accumulated by the Commission, as the case may be, for the benefit of the pensioner, of a dependant of the member or of a person who is or has been dependent on the pensioner.

(3.) The Commission may at any time, by instrument in writing, revoke an authorization or appointment, or an assumption of the office of trustee, under this regulation.

Offences.

36.—(1.) A person shall not—

(a) make, either orally or in writing, a false or misleading statement in, or in connexion with, or in support of, any application for a pension, assistance or benefits, or a review of a pension, assistance or benefits, granted under these Regulations;

(b) obtain any pension, assistance or benefits which is or are not payable;

(c) obtain payment of any moneys by means of any false or misleading statement; or

(d)make or present to the Commission, the Pensions Board or any officer doing duty in relation to the Act or these Regulations, any statement or document which is false in any particular.

Penalty: Twenty-five pounds or imprisonment for three months.

(2.) Any person convicted of an offence against this regulation may, in addition to the penalty imposed for the offence, be ordered to repay to the Commonwealth any amount received by him or by any other person by way of pension in consequence of the act in respect of which he was convicted.

Recovery of over-payments.

37. Where, in consequence of a false statement or representation or of a failure or omission to comply with any provision of these Regulations, an amount has been paid by way of pension, allowance or benefit that would not have been paid but for the false statement or representation or the failure or omission, the amount so paid is recoverable in a court of competent jurisdiction from the person to whom, or on whose account, the amount was paid, or from the estate of that person, as a debt due to the Commonwealth.

Signature to forms.

38.—(1.) Every form which, under these Regulations, is required to be signed by any person shall be signed by that person with his personal signature.

(2.) Where a person who is unable to sign his name in writing makes a mark as his signature to a form, the mark shall be deemed to be his personal signature, if it is identifiable as such, and is made in the presence of a witness who signs the form as such a witness.

Delegation of powers.

39.—(1.) The Commission may, either generally or in relation to a matter or class of matters, by writing under its seal, delegate to a person all or any of its powers and functions under these Regulations, except this power of delegation and its powers under regulation 35 of these Regulations.

(2.) A power or function so delegated may be exercised by the delegate in accordance with the instrument of delegation.

(3.) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Commission.

Review by Commission.

40.—(1.) Where it appears to the Commission that sufficient reason exists for reviewing any determination or decision, the Commission may review the determination or decision.

(2.) Where, in pursuance of the last preceding sub-regulation, the Commission reviews a determination or decision and varies or revokes that determination or decision, the Commission shall specify the date from which the variation or revocation shall operate and it shall operate accordingly.

Certain pensions, &c., may be granted from 19 November, 1964.

41. Where, by a provision of these Regulations, a pension, benefit, advantage or assistance is payable and—

(a) provision was not made by the Regulations repealed by regulation 2 of these Regulations for the payment of such a pension, benefit, advantage or assistance; or

(b) provision was made by those repealed Regulations for the payment of the pension, benefit, advantage or assistance, but at a rate that is less than the rate prescribed by these Regulations,

the Commission or the Pensions Board may approve the payment of the pension, benefit, advantage or assistance or the payment of the pension, benefit, advantage or assistance at the increased rate, on and from the nineteenth day of November 1964, if the claim for the pension, benefit, advantage or assistance is lodged before the expiration of three months after the date of commencement of these Regulations.

FIRST SCHEDULE.

GENERAL PENSION RATES.

Reg. 14 (a).

Table A.—Pensions Payable in Case of Death of Member.

Column 1	Column 2
Class of Person Eligible for Pension	Rate of Pension Payable
Per fortnight
£	s.	d.
Widow of member..............................................................................................	12	0	0
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;	7	3	0
(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; and	7	3	0
(c) in any other case—
(i) for a first child...........................................................................	3	18	0
(ii) for a second and for each subsequent child.................................	2	15	0
Any other dependant of member..........................................................................	4	10	0, or such
lesser amount as the Minister from time to time determines.

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

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

Column 1	Column 2
Class of Person Eligible	Rate of Pension Payable
Per fortnight
£	s.	d.
Member.............................................................................................................	12	0	0
Wife of member.................................................................................................	4	1	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.

SPECIAL PENSIONS RATE.

Reg. 14 (d).

1. The Special Rate of Pension payable—

(a) to a member who is blind as a result of war service, or whose eyesight is, in the opinion of the Commission, so defective, due to war service, that he has no useful sight; or

(b) to a member who is totally and permanently incapacitated,

is Twenty-eight pounds ten shillings per fortnight.

2. A special rate of pension payable to a member who—

(a) is suffering from tuberculosis; and

(b) is or has been an inmate of an establishment for persons so suffering,

is, during the period for which he is an inmate of the establishment or during such period as the medical officer in charge of the establishment or a medical practitioner approved by the Commission certifies as the period for which he would have remained an inmate of the institution if he had not been discharged on the ground that he was not a menace to public health and during such further period (if any) after the expiration of that period as the Commission determines, such rate not exceeding Twenty-eight pounds ten shillings per fortnight as the Commission determines.

THIRD SCHEDULE.

Reg. 14 (c).

RATE OF PENSION IN RESPECT OF SPECIFIED INCAPACITIES.

Column 1	Column 2
Description of Disability	Percentage of General Pension Rates
Per centum
Loss of two or more limbs.................................................................................	100
Loss of both eyes..............................................................................................	100
Loss of one eye, together with loss of leg, foot, hand or arm................................	100
Loss of both arms.............................................................................................	100
Loss of both legs...............................................................................................	100
Loss of both feet...............................................................................................	100
Loss of both hands............................................................................................	100
Loss of hand and foot........................................................................................	100
Loss of all fingers and thumbs...........................................................................	100
Lunacy.............................................................................................................	100
Wounds, injuries, or disease, involving total permanent disabling effects..............	100
Very severe facial disfigurement........................................................................	100
Amputation of leg at hip or of right arm at shoulder joint (if right handed), or of left arm at shoulder joint (if left handed)............................................	100	for first 6 months
	80	thereafter
Severe facial disfigurement................................................................................	80
Total loss of speech...........................................................................................	100
Loss of leg or foot.........................................................................................	100	for first 6 months
	75	thereafter
Loss of arm or hand.......................................................................................	100	for first 6 months
	75	thereafter
Total deafness...................................................................................................	100
Loss of vision in one eye...................................................................................	50

FOURTH SCHEDULE.

RATE OF PENSION IN RESPECT OF SPECIFIED DISABILITIES.

Regs. 17 and 20.

Column 1	Column 2
Description of Disability	Amount
Per fortnight
£	s.	d.
Two arms amputated...........................................................................................	16	10	0
Two legs and one arm amputated.........................................................................	16	10	0
Two legs amputated above the knee.....................................................................	16	10	0
Two legs amputated and loss of eye.....................................................................	16	10	0
One leg and one arm amputated and one eye destroyed.........................................	16	10	0
One leg and one arm amputated...........................................................................	16	10	0
One leg amputated above, and one leg amputated below, the knee.........................	7	2	0
Two legs amputated below the knee.....................................................................	4	15	0
One arm amputated and one eye destroyed...........................................................	4	4	0
One leg amputated and one eye destroyed............................................................	4	4	0
One leg amputated above the knee.......................................................................	2	3	0
One leg amputated below the knee.......................................................................	1	7	0
One arm amputated above the elbow....................................................................	2	3	0
One arm amputated below the elbow....................................................................	1	7	0
Loss of vision in one eye.....................................................................................	1	16	0

  

_______________________

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