War Gratuity Regulations (Amendment) (Cth)

STATUTORY RULES.

1920. No. 147.

REGULATIONS UNDER THE WAR GRATUITY ACT 1920.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Gratuity Act 1920, to come into operation forthwith.

Dated this nineteenth day of August, 1920.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

JOSEPH COOK,

Treasurer.

———

Amendment of War Gratuity Regulations.

(Statutory Rules 1920, No. 85.)

1. Regulation 2 of the War Gratuity Regulations is amended by inserting after the definition of “Central Board” the following definition:—

“ ‘deceased’ means a person to whom a war gratuity would have been payable and who has died before payment of the gratuity.”

2. After regulation 6 of the War Gratuity Regulations the following regulations are inserted:—

Payment of gratuity on death of member intestate.

“6a. Where the deceased has died intestate, the gratuity may, where the deceased leaves any of the classes of persons set forth in the first column of the Second Schedule to these Regulations, be paid to the person specified in the second column of that Schedule opposite to the classes of persons respectively set forth in the first column.

Payment of gratuity where deceased leaves will

“6b. Where the deceased left a will and the persons who would, if the deceased had died intestate, be eligible under regulation 6a for the payment of the gratuity, are beneficiaries under that will, payment shall be made as provided under regulation 6a, provided there are no other beneficiaries who were either the widow or a child, parent, step-parent, foster-parent, or dependant of the deceased.

Payment of gratuity to children.

“6c.—(1) In any case where a, child or an ex-nuptial child, who is a minor, is entitled to share in a war gratuity, the prescribed authority may approve of payment of the share to the guardian of, or trustee for, that child.

“(2) Where any such child is over the age of sixteen years, payment of the war gratuity may be made to the child, and his receipt shall be a sufficient discharge for the amount paid.

Persons waiving claims to gratuity.

“6d. Where under these Regulations two or more persons are entitled to share equally in the gratuity payable in respect of a deceased person and one or more of those persons submit a statement in writing waiving his or their claim to the gratuity, payment shall be made to the other person or persons entitled.”

 

3. Regulation 7 of the War Gratuity Regulations is repealed, and the following regulation is inserted in its stead:—

“7. Where a person to whom a war gratuity would have been payable has died before payment of the gratuity leaving both father and mother surviving him, and the mother is not eligible for payment in pursuance of sub-section (1.) of section 9 of the Act, the prescribed authority may, if it thinks fit, pay the whole or part of the gratuity to the mother.”

4. Regulation 1 of the War Gratuity Regulations is amended by omitting the word “Schedule” and inserting in its stead the words “First Schedule.”

5. Regulation 11 of the War Gratuity Regulations is amended by omitting the word “Schedule” and inserting in its stead the words “First Schedule.”

6. Regulation 12 of the War Gratuity Regulations is amended by omitting the word “Schedule” (wherever occurring) and inserting in its stead the words “First Schedule.”

7. The Schedule to the War Gratuity Regulations is amended by omitting the heading “The. Schedule” and inserting in its stead the heading “The First Schedule.”

8. The War Gratuity Regulations are amended by adding at the end thereof the following Schedule:—

“The Second Schedule.

Classes ofPersons left by Deceased Soldier who has Died Intestate.	Persons to whom Gratuity is to be paid.
1. Widow, but no children or parents or other dependants and— (a) Widow has not re-married (b) Widow has re-married	1.(a)	Widow to receive whole
	(b)
2. Widow and no children, but parents are dependent, but no other dependants, and— (a) Widow has not re-married (b) Widow has re-married	2. (a) Widow to receive whole (b)Widow to receive whole unless, in any case where parents are entitled to a share in the intestate estate, a claim is received from a parent, in which case the persons shall be approved by the prescribed authority
3. Widow and no children, but parents who are not dependent, but no other dependants, and— (a) Widow has not re-married (b) Widow has re-married	3 (a)	Widow to receive whole unless, in any case where parents are entitled to a share in the intestate estate, a claim is received from a parent, in which case persons shall be approved by the prescribed authority
	(b)
4. Widow and no children, but parents who are not dependent, and other dependants and— (a) Widow has not re-married (b) Widow has re-married	4. (a) Widow to receive whole (b) Persons to be approved by prescribed authority
5. (i) Widow with children, who has not re-married and— (a) Widow has custody of children (b) Widow has not custody of children (ii) Widow with children, who has re-married and— (a) Widow has custody of children (b) Widow has not custody of children	5. (i) (a) Widow to receive whole (b) Persons to be approved by the prescribed authority
	(ii) (a) (b)		Children to receive equal shares

 

The Second Schedule—continued.

Classes of Persons left by Deceased Soldier who has Died Intestate.	Persons to whom Gratuity is to be paid.
6. Widow with children, who has not re-married and there is— (a) A de facto widow with children (b) A de facto widow without children	6.(a)	Persons to be approved by the prescribed authority
	(b)
7. Widow and children, and children by a previous wife, and— (a) Widow has not re-married (b) Widow has re-married	7. (a)Widow to receive whole if she has custody of children and there is no evidence of neglect. If widow has not custody of children or is neglecting them, persons to be approved by the prescribed authority (b) Children to receive equal shares
8. Widow with no children, but there are children by a previous wife and— (a) Widow has not re-married (b) Widow has re-married	8. (a) Widow to receive whole if she has custody of children and there is no evidence of neglect. If widow has not custody of children, or is neglecting them, persons to be approved by the prescribed authority (b) Children to receive equal shares
9. No widow, but children— (a) With no other dependants (b) With other dependants	9. (a) Children to receive equal shares (b) Persons to be approved by the prescribed authority
10. Mother, but no father, widow, children or other dependants	10. Mother to receive whole
11. Father, but no mother, widow, children or other dependants	11. Father to receive whole
12. Father and mother, but no widow, children or other dependants	12. Person or persons entitled to share in the intestate estate, provided that father and mother both consent to such distribution. Failing such consent, persons to be approved by the prescribed authority”

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett,