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

Statutory Rules 1985 No. 2711

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Seamen’s War Pensions and Allowances Regulations2 (Amendment)

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Seamen’s War Pensions and Allowances Act 1940.

Dated 11 October 1985.

J. A. ROWLAND

Administrator

By His Excellency’s Command,

A. T. GIETZELT

Minister of State for Veterans’ Affairs

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Medical treatment for widows, &c.

(1) Regulation 34 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by omitting sub-regulation (1) and substituting the following sub-regulation:

“(1) A Deputy Commissioner may provide medical treatment for a person who—

(a) is a widow, separated widow or child of an Australian mariner who has died as a result of a war injury;

(b) was the de facto wife of an Australian mariner who has died as a result of a war injury;

(c) is a widow, separated widow or child of an Australian mariner and is entitled to a pension under section 1 7a of the Act; or

(d) was the de facto wife of an Australian mariner and is entitled to a pension under section 1 7a of the Act.”; and

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:

“(2) In this regulation, ‘child’, in relation to an Australian mariner, includes a person who is in receipt of a pension under section 17b of the Act.”.

(2) Notwithstanding the amendments effected by sub-regulation (1), where a person who is a widowed mother, or a widowed step-mother, of a deceased unmarried Australian mariner—

(a) had been granted a pension under the Seamen’s War Pensions and Allowances Act 1940 which, by force of sub-section (2) of section 66 of the Repatriation Legislation Amendment Act 1985, continued to be payable after the commencement of that section; and

(b) continues to be entitled to that pension,

that person continues, by force of this sub-regulation, to be a person for whom a Deputy Commissioner may, subject to such conditions as the Repatriation Commission determines, provide medical treatment.

(3) A reference in sub-regulation (2) to a widowed mother shall be read as including a reference to an unmarried mother of a mariner by whom the mariner was brought up.

NOTES

1. Notified in theCommonwealth of Australia Gazette on 18 October 1985.

2. Statutory Rules 1961 No. 105 as amended to date. For previous amendments see Note 2 to Statutory Rules 1985 No. 49 and see also