Repatriation Regulations (Amendment) (Cth)

Statutory Rules 1972 No. 186(b)

Treatment for disease, &c., not due to war service.

1. Regulation 66 of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “A member” and inserting in their stead the words “Subject to the next succeeding sub-regulation, a person”; and

(b) by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) The provisions of the last preceding sub-regulation do not apply to a person in relation to a disease referred to in paragraph (b) of that sub-regulation if—

(a) the person is receiving—

(i) a rate of war pension under the Second Schedule to the Act;

(ii) a rate of war pension under the provisions of paragraph 6 of the First Schedule to the Act; or

(iii) an amount in respect of a disability described in any of the first six items (in Column 1) of the table in paragraph 1 of the Fifth Schedule to the Act;

(b) the person is a person to whom paragraph (b) or paragraph (d) of sub-section (2.) of section 108 of the Act applies; or

(c) the person is a member who but for the operation of—

(i) section 43 of the Act;

(ii) paragraph (c) of the provisions to sub-section (1.) of section 24 of the Act;

(iii) paragraph (c) of the provisions to sub-section (1.) of section 101 of the Act; or

(iv) sub-section (6.) of section 107c of the Act,

would have been entitled to a rate of war pension or an amount per fortnight as the case may be, referred to in sub-paragraph (i), (ii) or (iii) of paragraph (a) of this sub-regulation.”.

Sustenance allowance while undergoing medical treatment.

2. Regulation 71 of the Repatriation Regulations is amended—

(a) by omitting from sub-regulation (2a.) the words “these Regulations” and inserting in their stead the words “this regulation”; and

(b) by adding at the end thereof the following sub-regulation:—

“(5.) 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; and

(b) a son, daughter, step-son, step-daughter, adopted child or ex-nuptial child of the member (other than an ex-nuptial

 

(b) Made under the Repatriation Act 1920-1972 on 2 November 1972; notified in the Commonwealth Gazette on 9 November 1972.

 

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;

(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 1947-1972.”.

Allowance to certain widows.

3.—(1.) Regulation 176d of the Repatriation Regulations is amended by omitting the words “Sixteen dollars” and inserting in their stead the words “Seventeen dollars”.

(2.) The amendment made by the last preceding sub-regulation applies in relation to an instalment of an allowance that fell due on the first allowance pay day after the date of commencement of the Repatriation Act (No. 2) 1972 and to all subsequent instalments.

Funeral benefits— service pensioners.

4. Regulation 179a of the Repatriation Regulations is amended by omitting from paragraph (b) of sub-regulation (5.) the word “allowance” and inserting in its stead the word “pension”.

——————