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

Statutory Rules 1991 No. 3921

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Seamen’s War Pensions and Allowances Regulations2 (Amendment)

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

Dated 20 November 1991.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

BEN HUMPHREYS

Minister of State for Veterans’ Affairs

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1. Commencement

1.1 These Regulations commence on 1 December 1991.

2. Amendment

2.1 The Seamen’s War Pensions and Allowances Regulations are amended as set out in these Regulations.

3. New regulations 26aa and 26ab

3.1 After regulation 26a, insert:

Eligibility for medical treatment in certain cases

“26aa (1) An Australian mariner is eligible for medical treatment for malignant neoplasia or pulmonary tuberculosis (whenever occurring, and whether or not war-related), on and from the date that occurs 3 months before the Department receives an application from the Australian mariner for the provision of the treatment.

“(2) An Australian mariner in receipt of a service pension under the Veterans’ Entitlements Act 1986 who is permanently blinded in both eyes is eligible for medical treatment for any disease, disability or condition (whenever occurring, and whether or not war-related), on and from the later of:

(a) the date as from which the Australian mariner was granted the service pension; or

(b) the date on which the Australian mariner became so blinded.

“(3) For the purposes of subregulation (2), a person is taken to be blinded in an eye if:

(a) the person has lost the eye; or

(b) in the opinion of the Commission, the person has no sight, or no useful sight, in the eye.

“(4) An Australian mariner who is:

(a) in receipt of a service pension under the Veterans’ Entitlements Act 1986; and

(b) is eligible under section 53a of that Act for fringe benefits;

is eligible for medical treatment for any disease, disability or condition (whenever occurring, and whether or not war-related).

“(5) An Australian mariner who is in receipt of;

(a) either:

(i) a disability pension under the Act; or

(ii) a pension under Part II of the Veterans’ Entitlements Act 1986;

at a rate that is at least 50% of the general rate; and

(b) a service pension (other than a carer service pension)

under the Veterans’ Entitlements Act 1986;

 

is eligible for medical treatment for any disease, disability or condition (whenever occurring, and whether or not war-related).

“(6) For the purposes of paragraphs (5) (a) and (b), an Australian mariner is taken to be in receipt of a pension of a kind, and at the rate, referred to in that paragraph if die Australian mariner would be in receipt of a pension of that kind and at that rate:

(a) in the case of a disability pension under the Act—but for the operation of section 53A of the Act; and

(b) in the case of a pension under Part II of the Veterans’ Entitlements Act 1986—but for the operation of section 26 or 74 of that Act;

“(7) If payment to an Australian mariner of a pension or service pension of a kind referred to in this regulation is suspended, the Commission may by instrument direct that the Australian mariner is entitled to medical treatment under this regulation:

(a) during the whole of the period of suspension; or

(b) during the part or parts of the period of suspension

specified in the instrument.

“(8) Entitlement under this regulation to medical treatment does not include entitlement to medical treatment received before 1 December 1991.

Treatment Principles and Repatriation Pharmaceutical Benefits Scheme

“26ab. (1) The Treatment Principles prepared and approved under section 90 of the Veterans’ Entitlements Act 1986, as in force from time to time, are adopted with the modifications stated in subregulation (3).

“(2) The Repatriation Pharmaceutical Benefits Scheme prepared and approved under section 91 of that Act, as in force from time to time, is adopted with the modifications stated in subregulation (3).

“(3) The following modifications apply to the Treatment Principles and the Repatriation Pharmaceutical Benefits Scheme as adopted by this regulation:

(a) a reference to medical treatment or treatment is a reference to medical treatment within the meaning of this Division;

(b) a reference to a war-caused disease or war-caused injury is a reference to a war injury;

 

(c) a reference to a veteran is a reference to an Australian mariner.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 27 November 1991.

2. Statutory Rules 1961 No. 104 as amended by 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; 1977 No. 170; 1978 No. 188; 1979 Nos. 54, 117 and 227; 1980 No. 326; 1981 No. 312; 1982 No. 301; 1983 No. 251; 1984 No. 294; 1985 Nos. 49, 271 and 280; 1986 Nos. 98 and 315; 1987 Nos. 121 and 283; 1988 Nos. 49 and 334; 1989 Nos. 105 and 389.