Repatriation Regulations (Amendment) (Cth)

STATUTORY RULES

1966 No. 65

 

REGULATIONS UNDER THE REPATRIATION ACT 1920-1965.*

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 Repatriation Act 1920-1965.

Dated this twenty-fourth day of February, 1966.

Governor-General

By His Excellency’s Command,

Minister of State for Repatriation.

 

Amendments of the Repatriation Regulations 

Sustenance allowance while undergoing medical treatment, &c.

1. Regulation 71 of the Repatriation Regulations is amended by inserting after sub-regulation (2.) the following sub-regulation:—

“(2a.) Where a member who has been granted sustenance allowance under sub-regulation (1.) of these Regulations in respect of a continuous period of four weeks continues to be prevented from following his usual occupation for a further period that is continuous with that period of four weeks, the rate of sustenance allowance payable in respect of the period of four weeks and the further period for which the member is prevented from following his usual occupation shall be the rate that would have been payable under the succeeding provisions of this regulation if the member had, with the approval of a Deputy Commissioner, been receiving in-patient treatment at a hospital for an incapacity due to war service.”.

Medical treatment for widows, &c.

2. Regulation 73 of the Repatriation Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) In this regulation, ‘child’ in relation to a member, means—

(a) a son, daughter, step-son, step-daughter, adopted child or ex-nuptial child of the member (other than an ex-nuptial child who was born more than nine months after the termination of the member’s war service and has not been adopted by the member) who has not attained the age of sixteen years;

(b) a son, daughter, step-son, step-daughter, adopted child or ex-nuptial child of the member (other than an ex-nuptial child who was born more than nine months after the termination of the member’s war service and has not been adopted by the member) who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

 

* Notified in the Commonwealth Gazette on 3 March, 1966.

  Statutory Rules 1943, No. 233, as amended to date. For previous amendments of the Repatriation Regulations, see footnote   to Statutory Rules 1965, No. 124; and see also Statutory Rules 1965, No. 124.

14981/65.—Price 9d. (8c) 9/18.1.1966

 

(ii) is receiving full-time education at a school, college or university; and

(iii) is not in receipt of a pension under Part III. of the Social Services Act 1947-1965; and

(c) a person who is in receipt of a pension under sub-section (4.) of section 39 of the Act.

Funeral expenses.

3. Regulation 179 of the Repatriation Regulations is amended by omitting sub-regulations (3.) and (4.).

4. After regulation 179 of the Repatriation Regulations the following regulation is inserted:—

Funeral benefits—service pensioners.

“179a.—(1.) In this regulation, unless the contrary intention appears—

‘child’ in relation to a member, means—

(a) a son, daughter, step-son, step-daughter or adopted child of the member who has not attained the age of sixteen years; and

(b) a son, daughter, step-son, step-daughter or adopted child of the member who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

(ii) is receiving full-time education at a school, college or university; and

(iii) is not in receipt of a pension under Part III. of the Social Services Act 1947-1965;

‘deceased pensioner’ means a deceased person—

(a) who was, at the time of his death, a pensioner;

(b) who had before his death lodged a claim for, and would but for his death have been eligible to receive, a service pension—

(i) as a member of the Forces under section 84 or 85 of the Act; or

(ii) as a person specified in paragraph (a) or(b) of section 120 of the Act; or

(c) who—

(i) had before his death lodged a claim for, and would but for his death have been eligible to receive, an allowance under section 9 of the Tuberculosis Act 1948; and

(ii) would if he had lodged a claim for a pension referred to in the last preceding paragraph instead of the claim referred to in the last preceding sub-paragraph, have been eligible, but for his death, to receive that pension;

‘pensioner’ means a person who—

(a) is in receipt of a service pension—

(i) as a member of the Forces under section 84 or 85 of the Act; or

(ii) as a person specified in paragraph (a) or (b) of section 120 of the Act; or

(b) is in receipt of an allowance under section 9 of the Tuberculosis Act 1948 and would, but for the receipt of that allowance, be eligible to receive a pension referred to in the last preceding paragraph.

 

“(2.) A reference in this regulation to the cost of a funeral shall be read as not including a reference to such portion of the cost of a funeral as the Deputy Commissioner is satisfied was met, or will be met, by payment from a contributory funeral benefit fund, other than a contributory funeral benefit fund of a trade union or friendly society.

“(3.) Subject to sub-regulation (9.) of this regulation, where—

(a) a person has paid, or is liable to pay, an amount in respect of the cost of the funeral of—

(i) the deceased spouse of the person;

(ii) a deceased child of the person; or

(iii) a deceased pensioner; and

(b) the first-mentioned person was a pensioner at the time of, or became a pensioner within six months after, the death of the deceased person,

a Deputy Commissioner may grant to the first-mentioned person in respect of the funeral a funeral benefit of—

(c) Forty dollars; or

(d) an amount equal to the amount that he has paid or is liable to pay in respect of the cost of the funeral,

whichever is the less.

“(4.) In paragraph (b) of the last preceding sub-regulation, ‘pensioner’ includes a person in receipt of a service pension as the wife of a member of the Forces under section 85 of the Act.

“(5.) Subject to sub-regulation (9.) of this regulation, where—

(a) a person has paid, or is liable to pay, an amount in respect of the cost of the funeral of a deceased pensioner; and

(b) the first-mentioned person was a person in receipt of an age or invalid pension or a wife’s allowance or a widow’s pension under the Social Services Act 1947-1965 at the time of, or became such a person within six months after, the death of the deceased person,

there is payable to the first-mentioned person in respect of the funeral a funeral benefit of—

(c) Forty dollars; or

(d) an amount equal to the amount that he has paid or is liable to pay in respect of the cost of the funeral,

whichever is the less.

“(6.) Where the person administering a contributory funeral benefit fund of a trade union or friendly society has paid an amount in respect of the cost of a funeral to the person who conducted the funeral, the Deputy Commissioner may direct that, for the purposes of this regulation, the amount shall be deemed to have been paid by a person specified by the Deputy Commissioner.

“(7.) Subject to sub-regulation (9.) of this regulation, a Deputy Commissioner may grant, in respect of the funeral of a deceased pensioner, a funeral benefit of Twenty dollars or of an amount equal to the cost of the funeral, whichever is the less.

“(8.) A payment of a funeral benefit under the last preceding sub-regulation shall not be made to a person administering a contributory funeral benefit fund.

 

“(9.) Subject to the next succeeding sub-regulation, a funeral benefit under sub-regulation (3.), (5.) and (7.) of this regulation shall not be paid in respect of a funeral if a funeral benefit in respect of that funeral has been paid under another one of those sub-regulations, under the last preceding regulation or under the Social Services Act 1947-1965.

“(10.) A funeral benefit may be paid under sub-regulation (3.) or (5.) of this regulation in respect of a funeral notwithstanding that a funeral benefit in respect of that funeral has been paid under sub-regulation (7.) of this regulation but there shall be deducted from the first-mentioned funeral benefit the amount of the funeral benefit paid under sub-regulation (7.) of this regulation.”.

Commencement.

5.—(1.) The amendments made by these Regulations, other than regulation 2,shall be deemed to have come into operation on the seventh day of October, 1965.

(2.) The amendment made by regulation 2 of these Regulations shall be deemed to have come into operation on the twelfth day of December, 1965.

 

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