Seamen's War Pensions and Allowances Regulations (Amendment) (Cth)

Statutory Rules

1978 No. 188

REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940*

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Seamen’s War Pensions and Allowances Act 1940.

Dated this twenty-eighth day of September 1978.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

EVAN ADERMANN

Minister of State for Veterans’ Affairs

 

AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS 

Heading to Division 2 of Part IV

1. The heading to Division 2 of Part IV of the Seamen’s War Pensions and Allowances Regulations is omitted and the following heading substituted:

“ Division 2—Medical Treatment and Benefits ”.

Regulations 30 and 31 repealed

2. Regulations 30 and 31 of the Seamen’s War Pensions and Allowances Regulations are repealed.

Attendance allowance

3. Regulation 33 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by omitting “ a member ” from sub-regulation (2) and substituting “ an Australian mariner ”; and

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

“ (3) Where an Australian mariner is entitled to be paid loss of earnings allowance in respect of a period under regulation 71 of the Repatriation Regulations as made applicable to and in relation to Australian mariners by regulation 38b of these Regulations, the Australian mariner shall not be entitled to be paid an allowance under sub-regulation (2) in respect of his attendance during that period at a place referred to in sub-regulation (1).”.

  

* Notified in the Commonwealth of Australia Gazette on 5 October 1978.

  Statutory Rules 1961 No. 105 as amended by Statutory Rules 1961 No. 145; 1963 No. 120; 1964 No. 107; 1965 No. 89; 1966 No. 110; 1967 No. 44; 1968 Nos. 106 and 120; 1969 Nos. 109 and 179; 1970 Nos. 84 and 155; 1972 Nos. 119 and 194; 1973 Nos. 27, 35, 84 and 290; 1975 No. 97; and 1977 No. 170.

4. Part IV of the Seamen’s War Pensions and Allowances Regulations is amended by adding at the end thereof the following Division:

“ Division 7—Application of Repatriation Regulations

Application of certain provisions of the Repatriation Regulations

“ 38b. (1) Subject to sub-regulation (2), the provisions of regulations 71, 71a and 72 of the Repatriation Regulations apply to and in relation to Australian mariners.

“ (2) In the application, in accordance with sub-regulation (1), of regulations 71, 71a and 72 of the Repatriation Regulations—

(a) a reference to a member shall be read as a reference to an Australian mariner;

(b) subject to paragraph (h), a reference to ‘ pension ’ shall be read as a reference to ‘ pension ’ within the meaning of the Seamen’s War Pensions and Allowances Act 1940;

(c) a reference to ‘ wife ’ shall be read as a reference to ‘ wife ’ within the meaning of the Seamen’s War Pensions and Allowances Act 1940;

(d) a reference to war service shall be read as a reference to war injury;

(e) a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to paragraph (c) of the proviso to sub-section 101 (1) of the Act shall be read as a reference to section 53a of the Seamen’s War Pensions and Allowances Act 1940;

(f) a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to the Special Rate of Pension specified in Schedule 2 to the Act shall be read as a reference to the rate that is to be deemed by sub-section 18 (4a) of the Seamen’s War Pensions and Allowances Act 1940 to be specified in column 3 of Schedule 1 to that Act;

(g) a reference in sub-regulation 71 (8) or paragraph 71 (10) (a) to Table B of Schedule 3 to the Act shall be read as a reference to section 18 of the Seamen’s War Pensions and Allowances Act 1940;

(h) the reference in paragraph 71 (10) (a) to pension ascertained in accordance with the Schedules to the Act shall be read as a reference to pension ascertained in accordance with the Seamen’s War Pensions and Allowances Act 1940;

(i) the reference in paragraph 71 (10) (a) to allowances payable in accordance with Schedule 2 or 5 to the Act shall be omitted; and

(j) sub-regulation 71 (16) shall have effect as if paragraph (b) were omitted.”.

Transitional

5. (1) Where regulation 30 or 31 of the Seamen’s War Pensions and Allowances Regulations as in force immediately before the commencement of these Regulations would, if the amendments of the Seamen’s War Pensions and Allowances Regulations effected by these Regulations had not come into operation, apply to an Australian mariner in relation to the whole of a period that commenced before the commencement of these Regulations and ends after the commencement of these Regulations, the provisions of the Seamen’s War Pensions and Allowances Regulations as in force immediately before the commencement of these Regulations shall continue to apply in relation to the Australian mariner in respect of that period as if those amendments had not come into operation.

(2) Where—

(a) an Australian mariner would, but for sub-regulation (1), be entitled to loss of earnings allowance in respect of any period, being the same period as, or a period forming part of, the period referred to in paragraph (b), in accordance with the provisions of regulation 71 of the Repatriation Regulations as made applicable to and in relation to Australian mariners by regulation 38b of the Seamen’s War Pensions and Allowances Regulations as amended by these Regulations; and

(b) the amount of such allowance would have exceeded the amount of allowance to which he is entitled by virtue of sub-regulation (1) in relation to the period that commences on the commencement of these Regulations and ends on the expiration of the period in relation to which sub-regulation (1) applies to the Australian mariner,

the Australian mariner shall be entitled to a supplementary allowance equal to the amount of the excess.