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

Statutory Rules 1980 No. 3261

 

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, hereby make the following Regulations under the Seaman’s War Pensions and Allowances Act 1940.

Dated 29 October 1980.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

EVAN ADERMANN

Minister of State for Veterans’ Affairs

Medical treatment for Australian mariners who have suffered detention, &c.

 1.  Regulation 26A of the Seamen’s War Pensions and Allowances Regulations is amended by omitting all words from and including “provide” and substituting the following:

 “provide —

• (a)

  medical treatment in respect of any disability (whether or not resulting from a war injury) for an Australian mariner who —

  • (i)

    has suffered detention; or

  • (ii)

    has suffered an amputation, or is suffering from loss of vision, by reason of a war injury, being an amputation or a loss of vision by reason of which the Australian mariner is, or would, but for a direction under section 53A of the Act, be, in receipt of a pension in accordance with section 22 of the Act; and

• (b)

  medical treatment in respect of a disease, disability or condition that is not due to war service for an Australian mariner, other than an Australian mariner referred to in paragraph (a), who is, or would, but for a direction under section 53A of the Act, be, in receipt of a pension at a rate not less than the appropriate rate in relation to the mariner specified in column 3 of the table in Schedule 1 to the Act.”.

Attendance Allowance

 2. Regulation 33 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from sub-regulation (3) “loss of earnings allowance in respect of a period under regulation 71” and substituting “an allowance in respect of a period under regulation 71 or 72A”.

Clothing Allowance

 3. Regulation 38A of the Seamen’s War Pensions and Allowances Regulations is amended —

• (a)

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

Column 1 Description of disability	Column 2 Rate per fortnight
$
One leg and one arm amputated	3.30
One leg or one arm amputated	1.60
Both legs or both arms amputated	2.20
One leg amputated (causing essential hip disarticulation)	2.20

• (b)

  by omitting from sub-regulation (2) “$3” (wherever occurring) and substituting “$3.30”; and

• (c)

  by omitting from sub-regulation (4) “$39” and substituting “$41.60”.

Application of certain provisions of the Repatriation Regulations

 4. Regulation 38B of the Seamen's War Pensions and Allowances Regulations is amended —

• (a)

  by omitting from sub-regulation (1) “and 72” and substituting “, 72 and 72A”;

• (b)

  by omitting from paragraph (e) of sub-regulation (2) “or paragraph 71 (10) (a)” and substituting “, paragraph 71 (10) (a) or regulation 72A”;

• (c)

  by inserting in paragraph (e) of sub-regulation (2) “a direction under” after “reference to”;

• (d)

  by omitting from paragraph (f) of sub-regulation (2) “or paragraph 71 (10) (a)” and substituting “, paragraph 71 (10) (a) or regulation 72A”;

• (e)

  by omitting from paragraph (g) of sub-regulation (2) “or paragraph 71 (10) (a)” and substituting “, paragraph 71 (10) (a) or 72A (7) (a)”;

• (f)

  by inserting in paragraph (h) of sub-regulation (2) “or 72A (1) (c) or sub‑regulation 72A (3)” after “71 (10) (a)”;

• (g)

  by omitting from paragraph (i) of sub-regulation (2) “and”; and

• (h)

  by adding at the end thereof the following paragraphs:

  • “(k)

    a reference in regulation 72A to medical treatment shall be read as a reference to medical treatment within the meaning of section 59 of the Seamen’s War Pensions and Allowances Act 1940;

  • “(1)

    a reference in sub-regulation 72A (6) or 72A (7) to Table C of Schedule 3 to the Act shall be read as a reference to sub-section 23 (1) of the Seamen’s War Pensions and Allowances Act 1940;

  • “(m)

    a reference in paragraph 72A (4) (b) to the Schedules to the Act shall be read as a reference to the Seamen’s War Pensions and Allowances Act 1940; and

  • “(n)

    sub-regulation 72A (10) shall have effect as if paragraphs (b) and (c) were omitted.”.

Commencement and application

 5.(1) Subject to sub-regulations (2) and (3), these Regulations shall come into operation on 1 November 1980.

 (2) Regulation 1 shall come into operation on 13 November 1980.

• (3)

  The amendments made by regulation 3 apply in relation to an instalment of allowance falling due on 13 November 1980 and to all subsequent instalments.

Notes

1. Notified in the Commonwealth of Australia Gazette on 31 October 1980.

2. Statutory Rules 1961 No. 105 as amended by Statutory Rules 1961 No. 145; 963 No. 120; 1964 No. 107; 1965 No. 89; 1966 No. 110; 1967 No. 44; 1968 Nos. 06 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.