Seamen's War Pensions and Allowances Regulations (Cth)
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS
(#DATE 29:11:1993)
(#DATE 29:11:1993)
- In force under the Seamen's War Pensions and Allowances Act 1940
*1* The Seamen's War Pensions and Allowances Regulations (in force under the Seamen's War Pensions and Allowances Act 1940) as shown in this reprint comprise Statutory Rules 1961 No. 105 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application, saving
number notification commencement or transitional
in Gazette provisions
1961 No. 105 10 Aug 1961 10 Aug 1961
145 14 Dec 1961 27 Sept 1961 R. 6 (2)
(see r.1)
1963 No. 120 14 Nov 1963 14 Nov 1963 R. 3
1964 No. 107 27 Aug 1964 27 Aug 1964 -
1965 No. 89 1 July 1965 1 July 1965 R. 4
1966 No. 110 14 July 1966 14 July 1966 R. 2
1967 No. 44 20 Apr 1967 20 Apr 1967 -
1968 No. 106 19 Sept 1968 19 Sept 1968 R. 6
120 17 Oct 1968 17 Oct 1968 R. 2
1969 No. 109 31 July 1969 31 July 1969 -
179 13 Nov 1969 13 Nov 1969 Rr. 1 (2)
and 2 (2)
1970 No. 84 2 July 1970 2 July 1970 R. 2
155 15 Oct 1970 15 Oct 1970 R. 2 (2)
1972 No. 119 27 July 1972 27 July 1972 -
194 30 Nov 1972 30 Nov 1972 R. 2
1973 No. 27 8 Feb 1973 8 Feb 1973 -
35 15 Feb 1973 15 Feb 1973 -
84 10 May 1973 16 Mar 1973 (see r. 1) -
290 19 Dec 1973 19 Dec 1973 R. 9
1975 No. 97 30 May 1975 30 May 1975 R. 9
1977 No. 170 29 Sept 1977 1 Oct 1977 -
1978 No. 188 5 Oct 1978 5 Oct 1978 R. 5
1979 No. 54 30 Mar 1979 2 Apr 1979 -
117 29 June 1979 1 July 1979 -
227 31 Oct 1979 31 Oct 1979 R. 3
1980 No. 326 31 Oct 1980 R. 1:13 Nov 1980 R. 5 (3)
Remainder: 1 Nov 1980
1981 No. 312 30 Oct 1981 30 Oct 1981 R. 4
1982 No. 301 29 Oct 1982 1 Nov 1982 R. 6
1983 No. 251 31 Oct 1983 31 Oct 1983 R. 2
1984 No. 294 19 Oct 1984 19 Oct 1984 R. 3
1985 No. 49 24 Apr 1985 24 Apr 1985 -
271 18 Oct 1985 18 Oct 1985 R. 1 (2)
and (3)
280 28 Oct 1985 28 Oct 1985 R. 2
1986 No. 98 22 May 1986 22 May 1986 -
315 30 Oct 1986 30 Oct 1986 R. 3
1987 No. 121 15 June 1987 15 June 1987 -
283 16 Dec 1987 16 Dec 1987 R. 5
1988 No. 49 8 Apr 1988 22 May 1988 (see -
r. 1) (a)
334 14 Dec 1988 14 Dec 1988 R. 2
1989 No. 105 26 May 1989 R. 1 (1): 22 May 1988 -
Remainder: 26 May 1989
389 21 Dec 1989 21 Dec 1989 R. 2
1991 No. 392 27 Nov 1991 1 Dec 1991 -
1992 No. 74 19 Mar 1992 19 Mar 1992 -
1993 No. 16 29 Jan 1993 29 Jan 1993 -
(a) Statutory Rules 1988 No. 49 was repealed by Statutory Rules 1989
No. 105 which commenced on 22 May 1988.
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 3 am. 1961 No. 145; 1968 No. 106; 1975 No. 97
rep. 1977 No. 170
R. 4 am. 1961 No. 145; 1975 No. 97; 1977 No. 170; 1979
No. 117; 1986 Nos. 98 and 315
Rr. 4A, 4B ad. 1979 No. 54
rep. 1979 No. 117
Heading to Part III rs. 1987 No. 283
R. 7 am. 1968 No. 106; 1970 No. 84
rep. 1986 No. 98
ad. 1987 No. 283
R. 7A ad. 1968 No. 106
am. 1969 No. 109; 1972 No. 119; 1973 No. 290
rep. 1986 No. 98
R. 8 am. 1977 No. 170
rep. 1986 No. 98
ad. 1987 No. 283
R. 9 rep. 1975 No. 97
ad. 1977 No. 170
rep. 1985 No. 49
ad. 1987 No. 283
R. 10 rs. 1975 No. 97; 1977 No. 170
rep. 1986 No. 98
ad. 1987 No. 283
Rr. 10A, 10AA ad. 1975 No. 97
rep. 1979 No. 54
R. 11 rep. 1986 No. 98
ad. 1987 No. 283
R. 12 rep. 1986 No. 98
ad. 1987 No. 283
R. 13 rep. 1986 No. 98
Rr. 14-17 rep. 1985 No. 49
R. 18 am. 1977 No. 170
rs. 1986 No. 98
rep. 1987 No. 283
Part IIIA
(rr. 18A-18D) ad. 1975 No. 97
rep. 1979 No. 117
Rr. 18A-18D ad. 1975 No. 97
rep. 1979 No. 117
R. 19 am. 1977 No. 170
rs. 1986 No. 98
am. 1992 No. 74
Rr. 20, 21 rs. 1986 No. 98
R. 21A ad. 1986 No. 98
R. 22 am. 1977 No. 170
Rr. 23, 24 am. 1977 No. 170
rep. 1986 No. 98
Heading to
Div. 2 of Part IV rs. 1978 No. 188
R. 25 rs. 1964 No. 107; 1965 No. 89
R. 26 am. 1977 No. 170; 1986 No. 98
R. 26A ad. 1965 No. 89
am. 1973 No. 35
rs. 1973 No. 290
am. 1977 No. 170; 1980 No. 326; 1986 No. 98
R. 26AA ad. 1991 No. 392
R. 26AB ad. 1991 No. 392
am. 1993 No. 16
R. 26AC ad. 1993 No. 16
R. 26B ad. 1973 No. 290
am. 1977 No. 170
rs. 1986 No. 98
R. 27 rs. 1993 No. 16
R. 28 am. 1977 No. 170; 1986 No. 98
R. 29 rs. 1973 No. 290
am. 1977 No. 170; 1986 No. 98
R. 29A ad. 1973 No. 290
R. 30 am. 1961 No. 145; 1964 No. 107; 1966 No. 110; 1970
No. 155; 1973 No. 290; 1977 No. 170
rep. 1978 No. 188
R. 31 am. 1977 No. 170
rep. 1978 No. 188
R. 32 am. 1977 No. 170; 1986 No. 98
R. 33 am. 1961 No. 145; 1968 No. 106; 1969 No. 179; 1975
No. 97; 1977 No. 170; 1978 No. 188; 1980 No. 326;
1985 No. 49
rep. 1986 No. 98
R. 34 am. 1965 No. 89; 1967 No. 44; 1973 No. 84; 1977 No.
170; 1982 No. 301; 1985 No. 271; 1986 No. 98
R. 34A ad. 1968 No. 106
am. 1977 No. 170; 1986 No. 98
Div. 3 of
Part IV (rr. 35, 36) rs. 1982 No. 301
Rr. 35,36 rs. 1982 No. 301
R. 37 am. 1961 No. 145; 1963 No. 120; 1968 No. 106; 1969
No. 179; 1970 No. 155; 1972 No. 194; 1973 Nos. 84
and 290; 1975 No. 97
rs. 1986 No. 98
R. 38 am. 1968 No. 106; 1973 No. 27; 1977 No. 170; 1979
No. 227; 1981 No. 312; 1982 No. 301; 1984 No. 294;
1986 No. 98
Div. 6 of
Part IV (r. 38A) ad. 1961 No. 145
R. 38A ad. 1961 No. 145
am. 1968 Nos. 106 and 120; 1973 No. 290; 1977 No.
170; 1979 No. 277; 1980 No. 326; 1981 No. 312; 1982
No. 301; 1983 No. 251; 1984 No. 294; 1985 No. 280;
1986 Nos. 98 and 315; 1987 No. 283; 1988 No. 334;
1989 No. 389
rep. 1992 No. 74
Div. 7 of
Part IV (r. 38B) ad. 1978 No. 188
R. 38B ad. 1978 No. 188
am. 1980 No. 326; 1985 No. 49
rs. 1986 No. 98
R. 39 am. 1977 No. 170
rep. 1985 No. 49
ad. 1986 No. 98
Rr. 39A, 39B ad. 1986 No. 98
Part V (r. 40) rep. 1987 No. 121
R. 40 am. 1977 No. 170; 1986 No. 98
rep. 1987 No. 121
ad. 1989 No. 105
rep. 1992 No. 74
R. 42 am. 1968 No. 106; 1977 No. 170
rep. 1986 No. 98
R. 42A ad. 1963 No. 120
rep. 1985 No. 49
R. 43 am. 1977 No. 170
rs. 1985 No. 49
R. 43A ad. 1975 No. 97
rep. 1979 No. 54
R. 44 am. 1968 No. 106
rep. 1986 No. 98
R. 45 rep. 1986 No. 98
R. 46 am. 1968 No. 106
rep. 1986 No. 98
Schedule ad. 1993 No. 16
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
PART I - PRELIMINARY
Regulation
1. Citation
2. Repeal
4. Interpretation
PART II - SEAMEN'S PENSIONS AND ALLOWANCES COMMITTEES
5. Term of membership of Committee
6. Meetings of Committee
PART III - DISTRIBUTION OF PENSION OR ALLOWANCE ON DEATH
7. Interpretation of Part III
8. Payment of pension or allowance on death of person
9. Distribution where deceased leaves valid will
10. Intestacy
11. Order of distribution
12. Non-distributable amounts
PART IV - BENEFITS
Division 1 - General
19. Manner of making applications
20. Time for applying for certain benefits
21. Time for applying for funeral benefit
21A. Applications for benefits lodged at approved places or with
approved persons
22. Appeals
Division 2 - Medical Treatment and Benefits
25. Meaning of medical treatment
26. Treatment for war disabilities
26A. Medical treatment for Australian mariners who have suffered
detention etc.
26AA. Eligibility for medical treatment in certain cases
26AB. Treatment Principles and Repatriation Pharmaceutical Benefits
Scheme
26AC. Treatment of Australian mariners as private patients
26B. Additional medical treatment for Australian mariners
27. Entitlement to medical treatment and approval of expenditure
28. Non-liability where treatment not granted etc.
29. Surgical aids etc.
29A. Charges for treatment
32. Expenses of travelling for medical treatment or pension
purposes
34. Medical treatment for widows etc.
34A. Expenses of travelling for medical treatment by eligible
persons
Division 3 - Education Benefits for Children
35. Education scheme
36. Education benefits
Division 4 - Domestic Allowance for Widows
37. Allowance to certain widows
Division 5 - Funeral Expenses
38. Funeral expenses
Division 6 - Miscellaneous Benefits
Division 7 - Application of Repatriation Regulations
38B. Temporary incapacity allowance
39. Loss of earnings allowance
39A. Information to be supplied by applicants for loss of earnings
allowance
39B. Advances on account of loss of earnings allowance
PART VI - MISCELLANEOUS
41. Power of Commission to enter into contracts
43. Exercise or performance by Commission of powers or functions
of Deputy Commissioner
SCHEDULE
PRINCIPLES FOR THE PROVISION OF MEDICAL TREATMENT TO AN
AUSTRALIAN MARINER AS A PRIVATE PATIENT.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - PART I
PART I - PRELIMINARY
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 1
Citation
1. These Regulations may be cited as the Seamen's War Pensions and Allowances Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 2
Repeal
2. The Seamen's War Pensions and Allowances Regulations (being Statutory Rules 1940, No. 278) are repealed.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 4
Interpretation
4. In these Regulations unless the contrary intention appears:
"approved form" means a form approved by the Commission;
"benefit" means a benefit, allowance or grant under the Act or these Regulations other than a pension;
"claim" means a claim in the approved form for a pension or benefit under the Act or these Regulations;
"claimant" means a person claiming a pension or benefit under the Act or these Regulations;
"Deputy Commissioner" means a person for the time being performing the duties of Deputy Commissioner in the Department and, in relation to a State, means the Deputy Commissioner for that State;
"funeral benefit" means a grant under regulation 38;
"grantee" means a person to whom a benefit has been granted or is payable;
"medical officer" means a duly qualified medical officer or practitioner nominated by the Commission or a Deputy Commissioner or who is employed in the Department;
"pension" includes an allowance under section 21 of the Act, a gratuity under subsection (2) of, and a lump sum under subsection (3) of section 23 of the Act;
"pensioner" means a person receiving a pension;
"the Act" means the Seamen's War Pensions and Allowances Act 1940-1960;
"travelling expenses" means fares, losses or expenses in respect of which a payment may be made under regulation 32 or 34A;
"trustee" means a trustee of a pension or allowance appointed under the Act.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - PART II
PART II - SEAMEN'S PENSIONS AND ALLOWANCES COMMITTEES
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 5
Term of membership of Committee
5. A member of a Pensions Committee established under the Act shall hold office for a term of three years.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 6
Meetings of Committee
6. Meetings of a Pensions Committee shall be convened by the Chairman by notice in writing to each member specifying the date, time and place of the meeting.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - PART III
PART III - DISTRIBUTION OF PENSION OR ALLOWANCE ON DEATH
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 7
Interpretation of Part III
7. (1) In this Part, unless the contrary intention appears:
"child", in relation to a deceased, means:
(a) a person who is a child of the deceased within the meaning of section 3A of the Act;
(b) a person of whom the deceased was the father or mother; or
(c) a person who was adopted by the deceased or by the deceased and the deceased's spouse;
"de facto spouse", in relation to a person, means a person of the opposite sex living as the spouse of the first person on a bona fide domestic basis although not legally married to the first person;
"distributable amount", means the amount of a pension, allowance or pecuniary benefit payable under the Act or these Regulations;
"parent", in relation to a deceased, means someone whose child the person was;
"spouse", in relation to the approval of payment under regulation 9 or 10 in respect of a deceased, means someone who was a spouse or de facto spouse of the deceased immediately before the deceased's death;
"waiting period", in relation to a person, means the period of 12 months commencing on:
(a) if subparagraph 8 (2) (c) (i) applies to the person - the death of the person; or
(b) if subparagraph 8 (2) (c) (ii) applies to the person - the date of the grant of the claim.(2) For the purposes of paragraph (a) of the definition of "child" in subregulation (1), a person shall be taken to be a child even though the person is in receipt of a pension, benefit or allowance of a kind referred to in the definition of "child" in subsection 3 (1) of the Act.
(3) A reference in this Part to an executor of a will includes a reference to:
(a) an executor of the will by representation; and
(b) if probate of the will has been granted and a person has subsequently been granted administration of the unadministered assets covered by the will - that person.(4) A reference in this Part to the person to whom a grant of letters of administration with a will annexed has been made includes a reference to a person who has subsequently been granted administration of the unadministered assets covered by the will.
(5) A reference in this Part, in relation to an approval of a payment, to a person who is known is a reference to a person:
(a) who is alive at the time of the approval; and
(b) whose existence and whereabouts are known to the Commission at that time.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 8
Payment of pension or allowance on death of person
8. (1) The objects of this Part are:
(a) to ensure that moneys payable under the Act or these Regulations to a person who has died are paid out as promptly as possible;
(b) to pay those moneys, so far as is consistent with paragraph (a), in accordance with the person's will;
(c) to ensure that of those moneys not more than $20,000, or the higher amount referred to in subregulation 9 (6), is paid out without probate of the will having been obtained or letters of administration with the will annexed having been granted; and
(d) to ensure that, in the event of intestacy, the payment of those moneys is made on principles that are uniform throughout Australia.(2) Where:
(a) a person dies;
(b) a distributable amount is payable to the deceased; and
(c) the distributable amount:
(i) has accrued, and was unpaid, on the deceased's death; or
(ii) has become payable after the deceased's death in respect of
a period or event before that death by reason of the grant, after that death, of a claim for the pension, allowance or benefit made before that death;
the Commission shall deal with the distributable amount in accordance with this Part and the distributable amount shall not, subject to subregulations 9 (2) and (3), form part of the deceased's estate.(3) Where an amount is paid in accordance with an approval given under this Part, the Commonwealth is not liable to any action, claim or demand for payment in respect of that amount.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 9
Distribution where deceased leaves valid will
9. (1) This regulation applies where the Commission is satisfied that:
(a) a deceased left a valid will; and
(b) but for this Part, the will would dispose of the deceased's right to a distributable amount (either expressly or as part of the residue of the deceased's estate).(2) Where the Commission is satisfied that the will appointed an executor or executors, the Commission may, subject to subregulation (6), approve payment of the whole or part of the distributable amount to an executor of the will.
(3) Where the Commission is satisfied that:
(a) no-one is executor of the will; and
(b) a person has applied for and obtained a grant of letters of administration with the will annexed; the Commission may approve payment of the whole or part of the distributable amount to the person to whom the grant was made.(4) Where the Commission is satisfied that:
(a) no-one is executor of the will;
(b) letters of administration with the will annexed have not been applied for or granted; and
(c) distribution of the whole or part of the distributable amount in accordance with regulation 11 would not be inconsistent with the terms of the will;
the Commission may, subject to subregulation (6), approve payment of the whole or part of the distributable amount in accordance with regulation 11.(5) Where the Commission is satisfied that:
(a) no-one is executor of the will; and
(b) the waiting period has elapsed without an application for letters of administration with the will annexed having been made;
the Commission may, subject to subregulation (6), approve payment of the whole or part of that amount in accordance with regulation 11.(6) If probate of the will has not been obtained and letters of administration with the will annexed have not been granted, the Commission shall not approve a payment or payments under subregulation (2), (4) or (5) in respect of the deceased if the amount of the payment, or the sum of the amounts of the payments made under those subregulations, would exceed $20,000 or such higher amount as is prescribed under subsection 123B (6) of the Veterans' Entitlements Act 1986 for the purposes of that subsection.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 10
Intestacy
10. Where the Commission is satisfied that:
(a) a deceased did not leave a valid will; or
(b) a deceased left a valid will but, even if this Part did not apply to the amount, the will would not dispose of the deceased's right to a distributable amount (either expressly or as part of the residue of the deceased's estate);
the Commission may approve payment of the whole or part of that amount in accordance with regulation 11.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 11
Order of distribution
11. (1) Payment of a distributable amount in respect of a deceased shall, subject to subregulations (2) and (3), be made to:
(a) the known spouse of the deceased or the known spouses of the deceased in equal shares;
(b) if there is no known spouse of the deceased - the known child of the deceased or the known children of the deceased in equal shares;
(c) if there is no known spouse of the deceased and no known child of the deceased - the known parent of the deceased or the known parents of the deceased in equal shares; or
(d) if there is no known spouse of the deceased, no known child of the deceased and no known parent of the deceased - the known sibling of the deceased or the known siblings of the deceased in equal shares.(2) Where:
(a) a child (in this subsection called "the beneficiary") of the deceased predeceases the deceased or dies before the approval of a payment under this Part;
(b) there is a known child of the beneficiary or there are known children of the beneficiary;
the amount that would have been paid to the beneficiary had the beneficiary been alive at the time of approval shall be distributed to the child or to those children in equal shares.(3) Where:
(a) a sibling of the deceased predeceases the deceased or dies before the approval of a payment under this Part; and
(b) there is a known child of the sibling or there are known children of the sibling;
the amount that would have been paid to the sibling had the sibling been alive at the time of approval shall be distributed to that child or to those children in equal shares.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 12
Non-distributable amounts
12. Where the Commission determines in writing that it is not possible to pay the whole or part of a distributable amount in respect of a deceased in accordance with regulations 9 and 10, that amount or that part of that amount ceases to be payable in respect of the deceased.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - PART IV
PART IV - BENEFITS
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - DIVISION 1
Division 1 - General
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 19
Manner of making applications
19. (1) Each of the following benefits is a benefit to which this regulation applies:
(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 subregulation (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 subregulation (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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 20
Time for applying for certain benefits
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 subregulation 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 subregulation (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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 21
Time for applying for funeral benefit
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 subregulation (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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 21A
Applications for benefits lodged at approved places or with approved
persons
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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 22
Appeals
22. (1) Where a Deputy Commissioner declines to grant the benefit applied for by an applicant the applicant may appeal to the Commission against the decision and shall state in writing the grounds of the appeal. (2) The decision of the Commission shall be final.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - DIVISION 2
Division 2 - Medical Treatment and Benefits
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 25
Meaning of medical treatment
25. For the purposes of this Division, "medical treatment" means any treatment with a view to restoring a person to, or maintaining a person in, physical or mental health or alleviating suffering, and includes:
(a) any accommodation, nursing care or transport in relation to such treatment; and
(b) the supply, renewal and repair of artificial replacements and surgical and other aids and appliances.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 26
Treatment for war disabilities
26. The Commission may, subject to such conditions as it from time to time determines, provide medical treatment for an Australian mariner in respect of an incapacity due to a war injury.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 26A
Medical treatment for Australian mariners who have suffered detention
etc.
26A. The Commission may, subject to such conditions as it from time to time determines, 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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 26AA
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 the 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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 26AB
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;
(d) a reference in the Treatment Principles to an entitled person includes a reference to a person referred to in subregulation 34 (1);
(e) a reference in the Repatriation Pharmaceutical Benefits Scheme to an eligible person includes a reference to a person referred to in subregulation 34 (1).
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 26AC
Treatment of Australian mariners as private patients
26AC. (1) In this regulation, "Australian mariner" includes a person referred to in subregulation 34 (1). (2) The Commission must provide medical treatment in a relevant State or Territory to an Australian mariner as a private patient in accordance with this regulation and the Principles set out in the Schedule.
(3) A relevant State or Territory is a State or Territory to which a notice under subsection 90B (1) of the Veterans' Entitlements Act 1986 applies.
(4) Medical treatment is taken to be provided to an Australian mariner as a private patient if it is provided to the mariner:
(a) as a person who is, for the purposes of the Health Insurance Act 1973, a private patient of a hospital; or
(b) by a medical specialist to whom the mariner has been referred but is not provided at a hospital.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 26B
Additional medical treatment for Australian mariners
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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 27
Entitlement to medical treatment and approval of expenditure
27. (1) Subject to subregulation (2), the Commission is not liable for medical treatment that is given before the Commission has authorised it. (2) Subregulation (1) does not apply if:
(a) the medical treatment is given under regulation 26AC; and
(b) under Principles set out in the Schedule, the Commission's authorisation is not required before the treatment is given.(3) This regulation applies in spite of any other provision of these Regulations.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 28
Non-liability where treatment not granted etc.
28. The Commission may refuse to grant medical treatment or further medical treatment under this Division, and the Commission shall not be liable for any expenditure subsequently incurred without its authority in any case where a medical officer is of opinion that an Australian mariner has caused a recurrence of, or has aggravated his disability, or has retarded his recovery by misconduct, neglect or any wilful act, or is recalcitrant to the prejudice of his fellow patients.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 29
Surgical aids etc.
29. (1) Where the Commission or a medical officer considers that the renewal of, or repairs to, an artificial replacement, surgical or other aid or appliance, has or have been rendered necessary by the carelessness or wilful act of the person using or wearing the replacement, aid or appliance, the Commission may:
(a) refuse to arrange for the necessary renewal of, or repairs to, the replacement, aid or appliance; or
(b) arrange for the renewal of, or repairs to, the replacement, aid or appliance and direct that payment for such renewal or repairs, as the case may be, shall be made in accordance with subsection (2) of section 59 of the Act.(2) Except as otherwise determined by the Commission, any artificial replacement, surgical or other aid or appliance supplied to a person under this Division, shall remain the property of the Commission, and the Commission may, at any time, if not satisfied that the replacement, aid or appliance is being put to proper use, require its return.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 29A
Charges for treatment
29A. Where medical treatment is provided to a person under these Regulations and:
(a) the person (whether before, during or after the provision of the treatment) recovers or receives; or
(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies the person that he is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive;
the whole or a part of the cost of the treatment, by way of damages or compensation, from another person, payment for that treatment shall be made in accordance with subsection (2) of section 59 of the Act.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 32
Expenses of travelling for medical treatment or pension purposes
32. (1) Where it is necessary for an Australian mariner to travel:
(a) to obtain medical treatment;
(b) for restoration of his health;
(c) to be fitted for surgical aids or appliances or artificial replacements;
(d) to proceed to hospital; or
(e) for pension purposes;
the Commission may, subject to such conditions as it from time to time determines, grant the Australian mariner's fare for the forward and return journeys.(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 subregulation (1) and may pay the attendant's fares for the forward and return journeys.
(3) Subject to the next succeeding subregulation, the Commission may pay such amount as it considers reasonable in respect of the expenses of subsistence necessarily incurred, as a result of travelling for a purpose specified in subregulation (1) of this regulation, by the Australian mariner or by the Australian mariner and his attendant, as the case requires.
(4) The amount payable under subregulation (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 subregulation (2), to accompany the mariner - $124 per day; or
(b) in any other case - $62 per day.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 34
Medical treatment for widows etc.
34. (1) The Commission 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 17A of the Act; or
(d) was the de facto wife of an Australian mariner and is entitled to a pension under section 17A of the Act.(1A) Subject to the next succeeding subregulation, a person referred to in the last preceding subregulation is not eligible for medical treatment under that subregulation if the disease or disabling condition is:
(a) an infectious or contagious disease in respect of which the person is required by law to undergo treatment in an institution without charge to the person;
(b) a chronic or incurable disease requiring treatment in an institution for a prolonged period; or
(c) a condition caused by addiction to alcohol or drugs.(1B) Where a person referred to in subregulation (1) of this regulation who has been admitted to a hospital or other institution controlled by the Commission is provided with medical treatment for a disease or disabling condition referred to in the last preceding subregulation, payment for that treatment shall be made in accordance with subsection (2) of section 59 of the Act.
(1C) Where a person referred to in subregulation (1) of this regulation is provided with medical treatment under that subregulation and:
(a) the person (whether before, during or after the provision of the treatment) recovers or receives; or
(b) the Commission or a delegate of the Commission (whether before, during or after the provision of the treatment) notifies the person that the person is, in the opinion of the Commission or the delegate, as the case may be, entitled to recover or receive;
the whole or a part of the cost of the treatment, by way of damages or compensation, from another person, payment for that medical treatment shall be made in accordance with subsection (2) of section 59 of the Act.(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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 34A
Expenses of travelling for medical treatment by eligible persons
34A. (1) Where it is necessary for a person referred to in subregulation (1) of regulation 34 of these Regulations to travel:
(a) to obtain medical treatment;
(b) for restoration of that person's health;
(c) to be fitted for surgical aids or appliances or artificial replacements;
(d) to hospital; or
(e) for pension purposes;
the Commission may, subject to such conditions as it determines, grant that person's fare for the forward and return journeys.(2) The Commission may, on the advice of a medical officer, authorize an attendant to accompany a person who is travelling for a purpose specified in the last preceding subregulation and may pay the attendant's fare for the forward and return journeys.
(3) Subject to the next succeeding subregulation, the Commission may pay such amount as it considers reasonable in respect of the expenses of subsistence necessarily incurred, as a result of travelling for the purpose specified in subregulation (1) of this regulation, by a person, or by a person and his attendant, as the case may be.
(4) The amount payable under subregulation (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 subsection (2), to accompany the mariner - $124 per day; or
(b) in any other case - $62 per day.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - DIVISION 3
Division 3 - Education Benefits for Children
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 35
Education scheme
35. The Commission shall establish a scheme for providing facilities for the education and training of a child:
(a) where a parent of that child is in receipt of a pension under section 22A of the Act;
(b) where a parent of that child, being an Australian mariner, has died as a result of a war injury; or
(c) where that child is entitled to receive a pension under section 17B of the Act.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 36
Education benefits
36. The Commission may make such arrangements and pay such amounts as it deems necessary for the care and education of a child in order to assist that child with its education where that child qualifies for the benefit of the scheme specified in regulation 35.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - DIVISION 4
Division 4 - Domestic Allowance for Widows
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 37
Allowance to certain widows
37. A widow of an Australian mariner to whom a pension is payable under subsection 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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - DIVISION 5
Division 5 - Funeral Expenses
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 38
Funeral expenses
38. The Commission may grant a sum, not exceeding $550, towards the funeral expenses of an Australian mariner who has died as a result of war injury.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - DIVISION 6
Division 6 - Miscellaneous Benefits
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - DIVISION 7
Division 7 - Application of Repatriation Regulations
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 38B
Temporary incapacity allowance
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 subregulation (2) are fulfilled in relation to the incapacity of the mariner. (2) The conditions referred to in subregulation (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 subregulation (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 subsection 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 subsection 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 subsection 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 subsection 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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 39
Loss of earnings allowance
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 applicance 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 subregulation (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 subregulation (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 subregulation (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 subsection 18 (4A) of the Act.
(7) The amount of loss of earnings allowance payable to an Australian mariner by virtue of subregulation (2) or (4) in respect of loss of salary or wages, or of earnings on his or her own account, (in this subregulation referred to as the "relevant loss of remuneration") suffered by the mariner in respect of a period (in this subregulation referred to as the "relevant period") is:
(a) an amount equal to:
(i) unless subparagraph (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 subsection 18 (4A) of the Act (in this subregulation 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 subregulation (2) or from the employment referred to in subregulation (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 subparagraph (ii) or (iii);
whichever is the lesser amount.(8) The amount of loss of earnings allowance payable to a person by virtue of subregulation (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 subregulation (2); or
(b) the amount that would be payable to the person in respect of the period by way of pension under Part III of the Act if the person were eligible to be paid a pension under that Part at the rate specified in subsection 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).
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 39A
Information to be supplied by applicants for loss of earnings allowance
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 subregulation 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 subregulation 39 (3) - an absence while attending an Australian mariner, or a dependant of an Australian mariner, travelling for a purpose referred to in subparagraph 39 (3) (a) (i), (ii), (iii), (iv) or (v); or
(c) in relation to an applicant referred to in subregulation 39 (4) - an absence for a reason referred to in paragraph 39 (4) (b).(2) Subject to subregulation (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
subregulation 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-subparagraph (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 subregulation (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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 39B
Advances on account of loss of earnings allowance
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 subregulation (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.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - PART VI
PART VI - MISCELLANEOUS
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 41
Power of Commission to enter into contracts
41. The Commission may enter into contracts for any purpose connected with, or incidental to, the administration of the Act or of these Regulations including contracts for the purchase or sale of any commodities.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - REG 43
Exercise or performance by Commission of powers or functions of Deputy
Commissioner
43. (1) A power or function given by these Regulations to a Deputy Commissioner may be exercised or performed by the Commission. (2) Where the exercise of a power, or the performance of a function, by a Deputy Commissioner under these Regulations is dependent upon the opinion or belief of the Deputy Commissioner in relation to a matter, that power may be exercised, or the function may be performed, by the Commission upon the opinion or belief of the Commission in relation to the matter.
(3) For the purposes of subregulation (2), "Commission" includes, in relation to a power or function delegated by the Commission under section 57A of the Act, the person to whom that power or function has been delegated.
SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS - SCHEDULE SCH
SCHEDULE Subregulation 26AC (2),
Paragraph 27 (2) (b)
PRINCIPLES FOR THE PROVISION OF MEDICAL TREATMENT
TO AN AUSTRALIAN MARINER AS A PRIVATE PATIENT
1. In these Principles, unless the contrary intention appears:
"Australian mariner" includes a person referred to in subregulation
34 (1);
"contracted private hospital" means a private hospital with which the
Commission has entered into arrangements for the care and welfare of
persons eligible to be provided with medical treatment under these
Regulations;
"Department" means the Department of Veterans' Affairs;
"doctor" means:
(a) a medical practitioner appointed as a Local Medical Officer
under the Local Medical Officer scheme conducted by the
Department; or
(b) a medical specialist;
"emergency" means a situation in which an Australian mariner requires
immediate medical treatment in circumstances in which there is a
serious threat to the mariner's life or health;
"medical specialist" means a medical practitioner who is recognised
as a consultant physician or as a specialist, in the appropriate
speciality, for the purposes of the Health Insurance Act 1973;
"Medicare Benefits Schedule" means:
(a) Schedule 1 to the Health Insurance Act 1973 as substituted
by regulations made under subsection 4 (2) of that Act; and
(b) Schedule 1A to the Health Insurance Act 1973 as substituted
by regulations made under subsection 4A (2) of that Act; and
(c) the table of diagnostic imaging services prescribed under
subsection 4AA (1) of that Act as in force from time to time;
"private hospital" means premises declared to be a private hospital
under section 23EA of the Health Insurance Act 1973;
"private patient" means an Australian mariner who has a status that
allows him or her to have a doctor of choice and shared hospital
accommodation at a hospital.
2. Hospital care for Australian mariners will be arranged on a
private patient basis.
3. With a primary objective of ensuring that an Australian mariner
obtains access to the nearest suitable facility, the Commission has
identified the following order of preference for admission to a
hospital:
(a) public hospitals;
(b) contracted private hospitals;
(c) other private hospitals.
The accommodation level upon admission will be consistent with private
patient (shared accommodation) status.
4. Under these Principles, an Australian mariner will have direct
referral to a public hospital of choice for treatment as a private
patient. The choice will include access to services available at former
Repatriation General Hospitals.
5. Australian mariners may obtain direct referral from their Local
Medical Officer or a medical specialist to medical specialists
operating at either hospital or rooms facilities for medical treatment
as a private patient, subject to the fees being no greater than those
prescribed in the Medicare Benefits Schedule.
6. Further to principle 5, if hospital treatment is required, the
choice of doctor under these arrangements is also subject to the doctor
having visiting rights to the public or private hospital in which the
medical treatment will occur.
7. If, after taking into account the matters outlined in paragraphs 9
(a) to (i) (inclusive), the Commission is satisfied that a suitable
public hospital bed is not available, an Australian mariner may be
admitted to a contracted private hospital at the expense of the
Commission if financial authorisation for the admission is obtained
(other than in the circumstances set out in principles 11 and 12).
8. If, after taking into account the matters outlined in paragraphs 9
(a) to (i) (inclusive), the Commission is satisfied that a suitable bed
is not available in a public hospital or a contracted private hospital,
an Australian mariner may be admitted to a private hospital other than
a contracted private hospital at the expense of the Commission if
financial authorisation for the admission is obtained.
9. In determining whether financial authorisation will be given for
admission to, or continuing medical treatment in, a private hospital,
the Commission will consider where the medical need can most
appropriately be met within a reasonable time by seeking advice from
the treating doctor on:
(a) the condition or conditions being treated; and
(b) the clinical necessity of the proposed medical treatment; and
(c) the suitability and quality of the proposed medical treatment;
and
(d) the degree of the Australian mariner's pain or discomfort; and
(e) the effect of the proposed medical treatment on the quality of
the mariner's life;
and, in the light of the reported severity of the mariner's clinical
condition, giving due consideration to:
(f) relative waiting times in the public and private sectors; and
(g) the distance that the mariner would be required to travel; and
(h) reasonable control of expenditure; and
(i) any specific requirements of these Principles or the Act.
10. If the admission of an Australian mariner to a contracted private
hospital has received financial authorisation, he or she may instead
elect to obtain access to a private hospital, other than a contracted
private hospital, of his or her own choice. In this case the Department
will meet accommodation, pharmaceutical and theatre fees and other
incidental expenses to a level determined by the Commission. Any
expenses above this level will be the responsibility of the Australian
mariner.
11. The Commission's financial authorisation is not required for
in-patient medical treatment of an Australian mariner in a contracted
private hospital if an agreement between the Commission and the
hospital specifically excludes the need for prior authorisation.
12. The Commission will provide retrospective financial authorisation
for the admission of an Australian mariner to any private hospital in
an emergency that made normal referral arrangements to a public
hospital emergency accident centre inappropriate, provided that an
office of the Department is notified on the first working day after the
admission, or as soon thereafter as is reasonably practicable.
13. The Commission will monitor the access to, and quality of,
hospital care arranged for Australian mariners through the National
Treatment Monitoring Committee and Treatment Monitoring Committees
established in accordance with the Repatriation Private Patient
Principles determined under subsection 90A (1) of the Veterans'
Entitlements Act 1986 and as in force on the day on which these
Principles commence.
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