Seamen's War Pensions and Allowances Regulations (Amendment) (Cth)
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
Dated 19 May 1986.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
A. GIETZELT
Minister of State for Veterans’ Affairs
—————
(a) by inserting after the definition of “grantee” the following definition: “ ‘funeral benefit’ means a grant under regulation 38;”; and
(b) by inserting after the definition of “the Act” the following definition:
‘“travelling expenses’ means fares, losses or expenses in respect of which a payment may be made under regulation 32 or 34a;”.
“18. (1) Where an amount of a pension payable under the Act, or an amount of an allowance payable under the Act or these Regulations, that is payable to a person who has died—
(a) has accrued, and was unpaid, on the death of the person; or
(b) has become payable after the death of the person, in respect of a period before the death of the person, by reason of the grant, after his or her death, of a claim for the pension or allowance made before his or her death,
the Commission—
(c) if there is a legal personal representative of that person—may approve payment of that amount to that legal personal representative; or
(d) in any other case—
(i) if that person was survived by a dependant—may approve payment of that amount to a dependant of the person or among any 2 or more of the dependants of that person. as it deems proper in all the circumstances of the particular case; or
(ii) if that person was not survived by a dependant—may approve payment of that amount to the person, or among the persons, to whom it would, in the opinion of the Commission, be appropriate, in all the circumstances of the case, to pay that amount.
“(2) Where the Commission approves payment of an amount among 2 or more persons, it shall approve the share in that amount to be paid to each of those persons.
“(3) The Commission may, in giving an approval for the purposes of sub-paragraph (1) (d) (i), approve payment to a dependant or among dependants to the exclusion of another dependant or other dependants.”.
“19. (1) Each of the following benefits is a benefit to which this regulation applies:
(a) clothing allowance;
(b) funeral benefit;
(c) temporary incapacity allowance;
(d) loss of earnings allowance;
(e) travelling expenses.
“(2) An application for a benefit to which this regulation applies—
(a) shall be in accordance with an approved form;
(b) shall be accompanied by such certificates and other evidence (relevant to the applicant’s entitlement to the benefit) as are required to be furnished by these Regulations or the form of application; and
(c) shall be made by forwarding to, or delivering at, an office of the Department in Australia the application and any certificates and evidence referred to in paragraph (b).
“(3) An application for a benefit to which this section applies may be made—
(a) by the person eligible to be granted the benefit; or
(b) with the approval of that person or the Commission under sub-regulation (4), by another person on behalf of that person.
“(4) Where a person eligible to be granted a benefit to which this regulation applies is unable, by reason of physical or mental ailment, to approve a person to make an application for that benefit on his or her behalf, the Commission may approve a person to make the application on his or her behalf.
“(5) Where an application for a benefit to which this regulation applies is made by a person on behalf of another person, the other person on whose behalf the application is made, and not the person making the application on behalf of that other person, shall be treated as the applicant.
“(6) Where—
(a) a person makes an application in writing for a benefit to which this regulation applies, but otherwise than in accordance with a form approved for the purposes of sub-regulation (2); and
(b) the person subsequently makes an application for the benefit in accordance with a form so approved—
(i) at a time when the person had not been notified by the Department, in writing, that it would be necessary to make the application in accordance with a form so approved; or
(ii) within 3 months after the person has been so notified,
the Commission may treat the application referred to in paragraph (b) as having been received at an office of the Department in Australia on the date on which the application referred to in paragraph (a) was so received.
“20. (1) An application for temporary incapacity allowance in respect of incapacity of an Australian mariner from a war injury shall be made within 12 months after the commencement of the period that is the relevant period applicable to the incapacity for the purposes of regulation 38b.
“(2) An application for loss of earnings allowance for a period in respect of which a person has suffered a loss of salary or wages, or loss of earnings on his or her own account, as set out in sub-regulation 39 (2), (3) or (4), shall be made within 12 months after the commencement of that period.
“(3) An application for travelling expenses shall be lodged within 3 months after the completion of the travel.
“(4) An application made to the Commission for—
(a) temporary incapacity allowance;
(b) loss of earnings allowance; or
(c) travelling expenses,
after the expiration of the period applicable to the application by virtue of sub-regulation (1), (2) or (3), as the case requires, is of no force or effect.
“(5) This regulation does not apply in relation to—
(a) an application for temporary incapacity allowance in respect of a period of incapacity that commenced before the commencement of this regulation;
(b) an application for loss of earnings allowance for a period that commenced before the commencement of this regulation; or
(c) an application for travelling expenses in respect of travel undertaken before the commencement of this regulation.
“21. (1) Subject to this regulation, application may be made to the Commission for a funeral benefit in respect of the funeral of an Australian mariner within 12 months after the death of the mariner.
“(2) Where, after the death of an Australian mariner, a determination is made under the Act determining—
(a) in the case of an Australian mariner who was not a pilot, that he or she died as a direct result of having sustained a war injury in the course of his or her employment as an Australian mariner; or
(b) in the case of an Australian mariner who was a pilot, that he or she died as a direct result of having sustained a war injury while on pilot duty,
application may be made to the Commission for a funeral benefit in respect of the funeral of the mariner within 12 months after the date of that determination.
“(3) Application made to the Commission for a funeral benefit in respect of the funeral of an Australian mariner after the expiration of the period specified in sub-regulation (1) or (2), whichever is applicable, is of no force or effect.
“(4) This regulation does not apply in relation to an application for a funeral benefit in respect of the funeral of an Australian mariner who died before the commencement of this regulation.
“21a. (1) In this regulation ‘application’ means an application for a benefit to which regulation 19 applies.
“(2) For the purposes of these Regulations—
(a) where an application is forwarded to, or delivered at, a place (whether within or outside Australia) approved by the Commission for the purposes of this regulation, it shall be deemed to have been forwarded to, or delivered at, as the case may be, an office of the Department in Australia and to have been received at an office of the Department in Australia on the day on which it is received at that place;
(b) where an application is delivered to a person approved by the Commission for the purposes of this regulation, it shall be deemed to have been delivered at an office of the Department in Australia and to have been received at an office of the Department in Australia on the day on which it is delivered to that person; and
(c) an application shall be deemed to have been made on the day on which it is received, or is, by virtue of paragraph (a) or (b), to be deemed to have been received, at an office of the Department in Australia.”.
“26b. The Commission may, subject to such conditions as it from time to time determines, provide medical treatment in a hospital or other institution for an Australian mariner in respect of a disease, disability or condition for which the mariner is not otherwise eligible for medical treatment under these Regulations.”.
(a) by omitting from sub-regulation (1) “a Deputy Commissioner” and substituting “the Commission”; and
(b) by omitting from sub-regulation (1) “the Deputy Commissioner” and substituting “the Commission”.
(a) by omitting from sub-regulation (1) “a Deputy Commissioner” and substituting “the Commission”;
(b) by omitting from sub-regulation (1) “the Commission” and substituting “it”;
(c) by omitting sub-regulation (2) and substituting the following sub-regulation:
“(2) The Commission may, on the advice of a medical officer, authorise an attendant to accompany an Australian mariner who is travelling for a purpose specified in sub-regulation (1) and may pay the attendant’s fares for the forward and return journeys.”;
(d) by omitting from sub-regulation (3) “a Deputy Commissioner” and substituting “the Commission”;
(e) by omitting from sub-regulation (3) “he” and substituting “it”; and
(f) by omitting sub-regulation (4) and substituting the following sub-regulation:
“(4) The amount payable under sub-regulation (3) shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount, exceed—
(a) where the Australian mariner travels with an attendant who is authorised by the Commission, under sub-regulation (2), to accompany the mariner—$124 per day; or
‘(b) in any other case—$62 per day.”.
Regulations is amended by omitting from sub-regulation (1) “A Deputy Commissioner” and substituting “The Commission”.
(a) by omitting from sub-regulation (1) “a Deputy Commissioner” and substituting “the Commission”;
(b) by omitting from sub-regulation (1) “the Commission” and substituting “it”;
(c) by omitting from sub-regulation (2) “A Deputy Commissioner*’ and substituting “The Commission”;
(d) by omitting from sub-regulation (2) “the purpose” and substituting “a purpose”;
(e) by omitting from sub-regulation (3) “a Deputy Commissioner” and substituting “the Commission”;
(f) by omitting from sub-regulation (3) “he” and substituting “it”; and
(g) by omitting sub-regulation (4) and substituting the following sub-regulation:
“(4) The amount payable under sub-regulation (3) shall not, unless the Commission considers that there are special circumstances justifying the payment of a greater amount, exceed—
(a) where the Australian mariner travels with an attendant who is authorised by the Commission, under sub-section (2), to accompany the mariner—$124 per day; or
(b) in any other case—$62 per day.”.
“37. A widow of an Australian mariner to whom a pension is payable under sub-section 12 (1) or 17a (1) of the Act shall, while she continues to receive that pension, be paid an allowance at the rate of $24 per fortnight.”
(a) by omitting from sub-regulation (1) “A Deputy Commissioner” and substituting “The Commission”;
(b) by omitting the table from sub-regulation (1) and substituting the following table:
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(c) by omitting sub-regulation (2) and substituting the following sub-regulation:
“(2) Where an Australian mariner has been granted a clothing allowance in respect of a disability referred to in Item 2, 3 or 4 of the table in sub-regulation (1), being an allowance payable at the rate specified in Column 3 of that item, the Commission may, if it is satisfied that it is necessary for the mariner to use a crutch or crutches in addition to another artificial aid, increase the rate of that allowance to $4.90 per fortnight.”;
(d) by omitting from sub-regulation (3) “a Deputy Commissioner” and substituting “the Commission”;
(e) by omitting from sub-regulation (3) “the Deputy Commissioner” and substituting “it”;
(f) by omitting from paragraph (6) (a) “and”; and
(g) by adding at the end of sub-regulation (6) the following word and paragraph:
“; and (c.) a person shall be deemed to be blind in an eye where the Commission is of the opinion that the eyesight of the person in the eye is so defective that the person has no useful sight in that eye.”.
“38b. (1) The Commission may grant an allowance, called ‘temporary incapacity allowance’, to an Australian mariner who is admitted to a hospital or other institution for medical treatment in respect of a war injury if the conditions specified in sub-regulation (2) are fulfilled in relation to the incapacity of the mariner.
“(2) The conditions referred to in sub-regulation (1) in relation to an incapacity of an Australian mariner from a war injury are—
(a) that the mariner has undergone medical treatment for the incapacity as an inpatient of a hospital or other institution;
(b) that, for a continuous period in excess of 4 weeks (being a period commencing on the day on which the mariner was admitted to that
hospital or other institution for medical treatment for that incapacity), the mariner has undergone medical treatment for that incapacity either as an inpatient of, or after discharge from, that hospital or other institution or has undergone rest and recuperation, after the completion of that treatment, on the recommendation of a medical practitioner; and
(c) that, by reason of that medical treatment, or of that medical treatment and that rest and recuperation, the mariner was incapable, during a period (in this regulation referred to as the ‘relevant period applicable to the incapacity’), being the whole or part of the continuous period referred to in paragraph (b), of continuing to undertake remunerative work that the mariner would have continued to undertake but for that medical treatment or that medical treatment and that rest and recuperation, as the case may be.
“(3) The condition specified in paragraph (2) (c) shall be taken not to have been fulfilled in relation to the incapacity of an Australian mariner during any part of the relevant period applicable to the incapacity during which the mariner was capable of undertaking remunerative work for periods aggregating more than 8 hours per week, being work that the mariner would have continued to undertake but for the treatment, or the treatment and the rest and recuperation, as the case may be.
“(4) Where temporary incapacity allowance is granted to an Australian mariner in respect of an incapacity of the mariner from a war injury, the allowance is payable in respect of the relevant period applicable to the incapacity.
“(5) Subject to sub-regulation (6), the rate at which temporary incapacity allowance is payable to an Australian mariner is—
(a) if the mariner is in receipt of a pension under Part III of the Act, or would, but for a direction of the Commission under section 53a of the Act, be in receipt of such a pension—an amount per fortnight equal to the amount by which the amount specified in sub-section 18 (4a) of the Act exceeds the amount per fortnight of the pension that is, or would be, payable; or
(b) in any other case—the rate specified in sub-section 18 (4a) of the Act.
“(6) The rate at which temporary incapacity allowance is payable to an Australian mariner who is also in receipt of loss of earnings allowance is—
(a) if the mariner is in receipt of a pension under Part III of the Act, or would, but for a direction of the Commission under section 53a of the Act, be in receipt of such a pension—an amount per fortnight equal to the amount by which the amount specified in sub-section 18 (4a) of the Act exceeds an amount equal to the sum of—
(i) the amount per fortnight of the pension that is, or would be, payable; and
(ii) the amount per fortnight at which loss of earnings allowance is payable to the mariner; or
(b) in any other case—an amount per fortnight equal to the amount by which the amount specified in sub-section 18 (4a) of the Act exceeds the amount per fortnight at which loss of earnings allowance is payable to the mariner.
“(7) Temporary incapacity allowance is not payable to an Australian mariner unless the mariner furnishes to the Commission, if the Commission so requests, a certificate in an approved form, signed by a medical practitioner and certifying the following particulars in respect of the mariner:
(a) the incapacity in respect of which the mariner required medical treatment as an inpatient in a hospital or other institution;
(b) the name and address of any hospital or other institution to which the mariner was admitted for the purpose of receiving medical treatment in respect of the incapacity;
(c) the period during which the mariner remained in a hospital or other institution as an inpatient for the purposes of the medical treatment;
(d) whether, after the discharge of the mariner from the hospital or other institution, the mariner received medical treatment in respect of the incapacity referred to in paragraph (a) otherwise than as an inpatient of a hospital or other institution and, if the mariner so received medical treatment, the nature of that treatment and the period during which the mariner received that treatment;
(e) whether, as a result of the mariner having received medical treatment in respect of the incapacity referred to in paragraph (a) (either as an inpatient in a hospital or other institution or otherwise), the mariner was in need of a period of rest, or convalescence and, if the mariner needed a period of rest or convalescence, the period during which the mariner rested or was convalescent;
(f) whether, during the period, or any part of the period, referred to in paragraph (c), (d) or (e), the mariner was, by reason of the medical treatment, or the need for a period of rest or convalescence referred to in that paragraph, as the case may be, precluded from continuing to undertake remunerative work for periods aggregating more than 8 hours per week.
“(8) Where—
(a) temporary incapacity allowance is payable to an Australian mariner in respect of the relevant period applicable to an incapacity of the mariner arising from a war injury;
(b) after the commencement of that period, whether before or after the end of that period—
(i) the rate of the mariner’s pension under Part III of the Act is increased; or
(ii) a pension under Part III of the Act is granted to the mariner,
payable from a date before the end of that period; and
(c) the mariner would not have been entitled to be paid the whole or part of the amount of temporary incapacity allowance that was paid to the mariner in respect of that period if that pension had been increased or granted on the day as from which it was payable,
the mariner is liable to pay to the Commonwealth an amount equal to the amount of temporary incapacity allowance that the mariner would not have been entitled to be paid.
“39. (1) Subject to regulation 39a, the Commission may grant an allowance, called loss of earnings allowance, to a person in accordance with the provisions of this regulation.
“(2) Loss of earnings allowance may be granted to an Australian mariner in respect of any loss of salary or wages, or loss of earnings on his or her own account from an occupation in which he or she is engaged, suffered by reason of—
(a) the mariner undergoing medical treatment for incapacity from a war injury;
(b) the mariner having to wait for the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by such an incapacity;
(c) an investigation of a claim made by the mariner under Part III of the Act or of a pension granted to the mariner under that Part; or
(d) the mariner undergoing treatment associated with such an investigation,
for the period in respect of which the mariner suffered that loss.
“(3) Where—
(a) an Australian mariner, or a dependant of an Australian mariner, travels for the purpose of—
(i) obtaining medical treatment;
(ii) restoration of his or her health;
(iii) being fitted with surgical aids or appliances or artificial replacements;
(iv) an investigation referred to in paragraph (2) (c); or
(v) any other matter related to the payment of pension; and
(b) the Commission authorises a person to accompany the mariner or the dependant as his or her attendant,
loss of earnings allowance may be granted to the attendant, in respect of any loss of salary or wages, or loss of earnings on his or her own account, suffered by reason of having so accompanied the mariner or the dependant, for the period in respect of which the attendant suffered that loss.
“(4) Subject to sub-regulation (5), where, in any year, an Australian mariner who is an employee of another person—
(a) was granted leave of absence on account of illness for a period in respect of which the mariner was absent from his or her employment for a reason referred to in paragraph (2) (a), (b), (c) or (d);
(b) was, during a subsequent period of that year, absent from his or her employment by reason of—
(i) any illness or disease; or
(ii) undergoing medical treatment related to any illness or disease,
other than an illness or disease arising from a war injury; and
(c) has incurred loss of salary or wages as a result of the absence from his or her employment referred to in paragraph (b),
loss of earnings allowance may be granted to the mariner in respect of that loss of salary or wages, for the period in respect of which the mariner suffered that loss.
“(5) Where, in a year, the period, or aggregate of the periods, for which loss of earnings allowance is payable to an Australian mariner by virtue of sub-regulation (4) has equalled—
(a) the period, or aggregate of the periods, referred to in paragraph (4) (a) for which the mariner has been absent from his or her employment in that year; or
(b) a period equal to the period credited, or notionally credited, in respect of the mariner for that year, under the terms of his or her employment, by way of sick leave credit (however described),
whichever is the less, loss of earnings allowance is not payable to the mariner by virtue of sub-regulation (4) in respect of any part of the remainder of that year.
“(6) Loss of earnings allowance is not payable to a person under this regulation in respect of any period in respect of which the person is paid pension under Part III of the Act at the rate specified in sub-section 18 (4a) of the Act.
“(7) The amount of loss of earnings allowance payable to an Australian mariner by virtue of sub-regulation (2) or (4) in respect of loss of salary or wages, or of earnings on his or her own account, (in this sub-regulation referred to as the ‘relevant loss of remuneration’) suffered by the mariner in respect of a period (in this sub-regulation referred to as the ‘relevant period’) is—
(a) an amount equal to—
(i) unless sub-paragraph (ii) or (iii) applies—the amount of pension that would be payable to the mariner in respect of the relevant period if the mariner were in receipt of a pension under Part III of the Act payable at the rate specified in sub-section 18 (4a) of the Act (in this sub-regulation that amount of pension is referred to as the ‘maximum amount in respect of the relevant period’);
(ii) if the mariner is in receipt of a pension under Part III of the Act—the amount by which the maximum amount in respect of the relevant period exceeds the amount of pension under Part III that is payable to the mariner in respect of the relevant period; or
(iii) if the mariner is not in receipt of a pension under Part III of the Act but would be in receipt of such a pension but for the provisions of section 53a of the Act or is in receipt of a pension under Part III of the Act that has been reduced in accordance with the provisions of that section—the amount by which the maximum amount in respect of the relevant period exceeds the amount of pension under Part III of the Act that would be payable to the mariner in respect of the relevant period if section 53a were omitted from the Act; or
(b) an amount equal to the amount that the mariner would have earned, or could reasonably be expected to have earned, from the occupation referred to in sub-regulation (2) or from the employment referred to in sub-regulation (4), as the case may be, in respect of the relevant period by way of salary or wages or of earnings on his or her own account less an amount equal to the sum of—
(i) the amount (if any) earned by the mariner from that occupation or employment, or from any other occupation or employment, in respect of the relevant period by way of salary or wages or earnings on his or her own account;
(ii) the amount (if any) that the mariner receives, or is entitled to receive, in respect of the relevant period, by way of compensation for the relevant loss of remuneration, under a law of the Commonwealth, a State, a Territory or a country other than Australia that makes provision for the payment of compensation or other benefits to persons in respect of incapacities arising out of, or in the course of, employment or caused by, or arising out of, the use of motor vehicles;
(iii) the amount (if any) that the mariner receives, or is entitled to receive, from his or her employer by way of gratuity or other payment in respect of the relevant loss of remuneration suffered by the mariner in respect of the relevant period; and
(iv) the amount (if any) that the mariner receives, or is entitled to receive, in respect of the relevant loss of remuneration suffered by the mariner in respect of the relevant period, under a contract, arrangement or agreement (including a contract of insurance), whether or not the mariner is a party to the contract, arrangement or agreement, but not being an amount of a kind referred to in sub-paragraph (ii) or (iii),
whichever is the lesser amount.
“(8) The amount of loss of earnings allowance payable to a person by virtue of sub-regulation (3) in respect of a period is—
(a) the amount that would be payable to the person in respect of the period in accordance with paragraph (7) (b) if the person were an Australian mariner who was entitled to be paid that allowance by virtue of sub-regulation (2); or
(b) the amount that would be payable to the person in respect of the period by way of pension under Part HI of the Act if the person were eligible to be paid a pension under that Part at the rate specified in sub-section 18 (4a) of the Act and section 53a of the Act did not apply to the person,
whichever is the lesser amount.
“(9) In this regulation—
‘leave of absence on account of illness’, in relation to an Australian mariner who is an employee of another person, means leave of absence from the mariner’s employment granted to the mariner without loss of earnings by reason of any illness or incapacity or treatment provided for an illness or incapacity;
‘year’, in relation to an Australian mariner who is an employee of another person, means the period of 12 months that commenced on the date on which, under his or her terms and conditions of employment, the mariner was last credited, or last notionally credited, with a period by way of sick leave (however described).
“39a. (1) In this regulation—
‘applicant’ means a person who has made application for a loss of earnings allowance or whose entitlement to such an allowance is otherwise being considered by the Commission under regulation 39;
‘relevant absence’ means—
(a) in relation to an applicant referred to in sub-regulation 39 (2)—an absence for a reason referred to in paragraph 39 (2) (a), (b), (c) or (d);
(b) in relation to an applicant referred to in sub-regulation 39 (3)—an absence while attending an Australian mariner, or a dependant of an Australian mariner, travelling for a purpose referred to in sub-paragraph 39 (3) (a) (i), (ii), (iii), (iv) or (v); or
(c) in relation to an applicant referred to in sub-regulation 39 (4)—an absence for a reason referred to in paragraph 39 (4) (b).
“(2) Subject to sub-regulation (3), loss of earnings allowance is not payable to an applicant under regulation 39 unless the applicant furnishes to the Commission—
(a) where all or part of the period to which the entitlement of the applicant to a loss of earnings allowance relates is a period during which the applicant was employed by a person—a certificate in an
approved form by that employer or each such employer, as the case may be, certifying the following particulars in respect of that employment:
(i) the period of the employment;
(ii) the number of hours during which, but for the relevant absence, the applicant would have been engaged, or could reasonably have been expected to have been engaged, in that employment;
(iii) the rate or rates at which, but for the relevant absence, the applicant would have been remunerated, or could have been expected to have been remunerated, during that period;
(iv) the amount of earnings that, but for that absence, the applicant would have received, or could reasonably have been expected to have received, during that period;
(v) where the applicant is an applicant referred to in sub-regulation 39 (4)—
(A) the date on which the applicant was credited or last credited, as the case may be, with an annual sick leave entitlement (if any) by the employer;
(B) the number of days in the annual sick leave entitlement (if any) with which the applicant was so credited; and
(c) the number of days (if any), including any part of a day, during the period of that employment in respect of which the applicant has, since the date referred to in sub-sub-paragraph (a), been granted sick leave for a reason referred to in paragraph 39 (2) (a), (b), (c) or (d); or
(b) where all or part of the period to which the entitlement of the applicant to a loss of earnings allowance relates is a period during which the applicant was engaged in an occupation or occupations otherwise than as an employee, a certificate in an approved form by the applicant certifying the following particulars in respect of that occupation or each of those occupations, as the case may be:
(i) the period during which the applicant has engaged in the occupation;
(ii) the number of hours during which, but for the relevant absence, the applicant would have been engaged, or could reasonably have been expected to have been engaged, in that occupation;
(iii) the rate or rates at which, but for the relevant absence, the applicant would have derived earnings, or could reasonably have been expected to have derived earnings during that period:
(iv) the amount of earnings that, but for that absence, the applicant would have derived, or could reasonably have been expected to have derived, during that period.
“(3) Where—
(a) an applicant was employed by a person during all or part of the period to which his or her entitlement to a loss of earnings allowance relates; and
(b) the Commission is satisfied, on reasonable grounds, that it is impracticable for the applicant to furnish under sub-regulation (2) a certificate by that employer relating to the particulars referred to in paragraph (2) (a) that is relevant to that entitlement,
the Commission may require the applicant, instead of furnishing that certificate, to furnish such other evidence of those particulars as the applicant is reasonably capable of supplying.
“39b. (1) Where the Commission is satisfied—
(a) that a person may reasonably be expected to become entitled to be paid loss of earnings allowance under regulation 39 in respect of a period (in this regulation called the ‘period of entitlement’); and
(b) that it is, in all the circumstances, appropriate for the person to be paid an advance on account of the loss of earnings allowance that the person is expected to become entitled to be paid in respect of a period (in this regulation called the ‘period of advance’), being the whole or a part of the period of entitlement,
the Commission may authorise payment to the person of an advance accordingly in respect of the period of advance.
“(2) The amount paid to a person by way of advance under sub-regulation (1) in respect of a period of advance, or the aggregate of the amounts so paid to a person in respect of the periods of advance included in a period of entitlement, as the case may be, shall not exceed the amount estimated by the Commission to be the amount of loss of earnings allowance likely to be payable to the person in respect of that period of advance or those periods of advance, as the case may be.
“(3) If the amount of the advance, or the sum of the amounts of advances, paid to a person in relation to a period of entitlement exceeds the amount of loss of earnings allowance that becomes payable to the person in respect of that period of entitlement, the person is liable to pay an amount equal to the excess to the Commonwealth.”.
(a) by omitting from sub-regulation (1) “a Deputy Commissioner” and substituting “the Commission”;
(b) by omitting from sub-regulation (1) “the Deputy Commissioner” and substituting “the Commission”; and
(c) by omitting from sub-regulation (2) “Deputy Commissioner” and substituting “Commission”.
1. Notified in the
Commonwealth of Australia Gazette on 22 May 1986.2. Statutory Rules 1961 No. 105 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.
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