Australian Soldiers' Repatriation Regulations 1918 (Amendment)

Legislation au C1918L00325 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1918. No. 325.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1917-1918.

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 Australian Soldiers’ Repatriation Act 1917-1918, to come into operation on and from the tenth day of October, 1918.

Dated this fourth day of December, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. D. MILLEN,

Minister of State for Repatriation.

 

Amendment of Australian Soldiers’ Repatriation Regulations 1918.

(Statutory Rules 1918, No. 88, as amended by Statutory Rules 1918, Nos. 179, 197, 215, 254, 296, and 308.)

1. Regulation 47 of the Australian Soldiers’ Repatriation Regulations is repealed, and the following regulations are inserted in its stead:—

Incapacitated unmarried soldiers without dependants and incapacitated married soldiers.

“47. A Deputy-Comptroller may grant to totally and permanently incapacitated soldiers, whilst resident in the Commonwealth, such allowances as will insure—

 

 

s.

d.

(a)

to a soldier who is unmarried a weekly income, inclusive of pension, not exceeding 

42

0

(b)

to a soldier with a wife a weekly income, inclusive of their combined pensions, of 

60

0

(c)

to a soldier with a wife and one child a weekly income, inclusive of their combined pensions, of 

63

6

(d)

to a soldier with a wife and two children a weekly income, inclusive of their combined pensions, of             

67

0

(e)

to a soldier with a wife and three children a weekly income, inclusive of their combined pensions, of             

70

6

(f)

to a soldier with a wife and four children a weekly income, inclusive of their combined pensions, of             

74

0

(g)

to a soldier with a wife and five children or more a weekly income, inclusive of their combined pensions, of             

77

6

Provided that the case of any unmarried soldier may be treated by the Commission as a special case and be dealt with as such by the Commission.


Provided further that when a soldier has been placed in a Hostel conducted in pursuance of Regulation 9, the allowance payable to him under this regulation shall be determined by the State Board.

Provided also that a soldier who is a widower with children shall be entitled to the same allowance as if his wife were living.

Incapacitated unmarried soldiers with widowed mothers.

“47a.—(1) A Deputy-Comptroller may grant to totally and permanently incapacitated unmarried soldiers with mothers who are widows and were prior to the enlistment of those soldiers, dependent upon them, such allowances, whilst resident in the Commonwealth as will insure—

 

 

s.

d.

(a)

to a soldier with a mother a weekly income, inclusive of their combined pensions, of 

60

0

(b)

to a soldier with a mother who has one child, a weekly income, inclusive of their combined pensions, of             

63

6

(c)

to a soldier with a mother who has two children a weekly income, inclusive of their combined pensions, of             

67

0

(d)

to a soldier with a mother who has three children a weekly income, inclusive of their combined pensions, of             

70

6

(e)

to a soldier with a mother who has four children a weekly income, inclusive of their combined pensions, of             

74

0

(f)

to a soldier with a mother who has five or more children a weekly income, inclusive of their combined pensions, of             

77

6

“(2). Notwithstanding anything contained in the last preceding sub-regulation, if the soldier or the mother desires that separate allowances should be granted, the Deputy-Comptroller may grant—

 

 

s.

d.

(a)

to the soldier, such allowance as will insure to him a weekly income, inclusive of pension, of 

42

0

 

and

 

 

(b)

to the mother, an allowance equal to the amount (if any) remaining after deducting the amount of the allowance payable to the soldier under this sub-regulation from the amount of the allowance payable in the particular case under the last preceding sub-regulation.

Incapacitated unmarried soldiers with mothers with incapacitated husbands.

“47b.—(1) A Deputy-Comptroller may grant to totally and permanently incapacitated unmarried soldiers with mothers who—

(a) have husbands so incapacitated as to be unable to contribute materially to their support;

(b) were married to such husbands prior to the enlistment of those soldiers; and

(c) were, prior to the enlistment of those soldiers, dependent upon them,

such allowances, whilst resident in the Commonwealth, as will insure—

 

 

s.

d.

(a)

to a soldier with a mother who has such a husband a weekly income, inclusive of their combined pensions, of             

69

0

(b)

to a soldier with a mother who has such a husband and one child a weekly income, inclusive of their combined pensions, of             

72

6


 

 

s.

d

(c)

to a soldier with a mother who has such a husband and two children a weekly income, inclusive of their combined pensions, of             

76

0

(d)

to a soldier with a mother who has such a husband and three children a weekly income, inclusive of their combined pensions, of             

79

6

(e)

to a soldier with a mother who has such a husband and four children a weekly income, inclusive of their combined pensions, of             

83

0

(f)

to a soldier with a mother who has such a husband and five children or more a weekly income, inclusive of their combined pensions, of             

86

6

“(2) Notwithstanding anything contained in the last preceding sub-regulation, if the soldier or the mother desires that separate allowances should be granted, the Deputy-Comptroller may grant—

 

 

s.

d.

(a)

to the soldier such allowance as will insure to him a weekly income, inclusive of pension, of 

42

0

 

and

 

 

(b)

to the mother an allowance equal to the amount (if any) remaining after deducting the amount of the allowance payable to the soldier under this sub-regulation from the amount of the allowance payable in the particular case under the last preceding sub-regulation.

Incapacitated unmarried soldiers with incapacitated fathers.

“47c.—(1) A Deputy-Comptroller may grant to totally and permanently incapacitated unmarried soldiers with incapacitated fathers, who were, prior to the enlistment of those soldiers, dependent upon them, and are widowers, such allowances whilst resident in the Commonwealth as will insure—

 

 

s.

d.

(a)

to a soldier with such a father a weekly income, inclusive of their combined pensions, of 

60

0

(b)

to a soldier with such a father who has one child a weekly income, inclusive of their combined pensions, of             

63

6

(c)

to a soldier with such a father who has two children a weekly income, inclusive of their combined pensions, of             

67

0

(d)

to a soldier with such a father who has three children a weekly income, inclusive of their combined pensions, of              

70

6

(e)

to a soldier with such a father who has four children a weekly income, inclusive of their combined pensions, of             

74

0

(f)

to a soldier with such a father who has five or more children a weekly income, inclusive of their combined pensions, of             

77

6

“(2) Notwithstanding anything contained in the last preceding sub-regulation, if the soldier or the father desires that separate allowances should be granted, the Deputy-Comptroller may grant—

 

 

s.

d.

(a)

to the soldier such allowance as will insure to him a weekly income, inclusive of pension, of 

42

0

 

and

 

 

(b)

to the father an allowance equal to the amount (if any) remaining after deducting the amount of the allowance payable to the soldier under this sub-regulation from the amount of the allowance payable in the particular case under the last preceding sub-regulation.

 

 


Widows of soldiers.

“47d. A Deputy-Comptroller may grant to the widows of deceased soldiers whilst resident in the Commonwealth such allowance as will insure—

 

 

s.

d.

(a)

to a widow without children, where by reason of special circumstances a State Board is satisfied that an allowance is necessary, a weekly income, inclusive of pension, not exceeding             

42

0

(b)

to a widow with one child a weekly income, inclusive of their combined pensions, of 

51

0

(c)

to a widow with two children a weekly income, inclusive of their combined pensions, of 

54

6

(d)

to a widow with three children a weekly income, inclusive of their combined pensions, of 

58

0

(e)

to a widow with four children a weekly income, inclusive of their combined pensions, of 

61

6

(f)

to a widow with five or more children a weekly income, inclusive of their combined pensions, of 

65

0

Widowed mothers of deceased unmarried soldiers.

“47e. A Deputy-Comptroller may grant to the mothers of deceased unmarried soldiers who are widows and were, prior to the enlistment of those soldiers, dependent on them, such allowances, whilst resident in the Commonwealth, as will insure—

 

 

s.

d.

(a)

to a mother who has no children dependent upon her, where by reason of special circumstances a State Board is satisfied that an allowance is necessary, a weekly income, inclusive of pension, not exceeding             

42

0

(b)

to a mother with one child a weekly income, inclusive of their combined pensions, of 

51

0

(c)

to a mother with two children a weekly income, inclusive of their combined pensions, of 

54

6

(d)

to a mother with three children a weekly income, inclusive of their combined pensions, of 

58

0

(e)

to a mother with four children a weekly income, inclusive of their combined pensions, of 

61

6

(f)

to a mother with five or more children a weekly income, inclusive of their combined pensions, of 

65

0

Widowed mothers of married soldiers.

“47f. A Deputy-Comptroller may grant to the mothers of deceased married soldiers, or of totally and permanently incapacitated married soldiers, who are widows, and were, prior to the enlistment of those soldiers, dependent upon them, such allowances whilst resident in the Commonwealth as will insure—

 

 

s.

d.

(a)

to a mother who has no children dependent on her, where by reason of special circumstances a State Board is satisfied that an allowance is necessary, a weekly income, inclusive of pension, not exceeding             

21

0

(b)

to a mother with one child a weekly income, inclusive of their combined pensions, of 

25

6

(c)

to a mother with two children a weekly income, inclusive of their combined pensions, of 

27

3


 

 

s.

d.

(d)

to a mother with three children a weekly income, inclusive of their combined pensions, of 

29

0

(e)

to a mother with four children a weekly income, inclusive of their combined pensions, of 

30

9

(f)

to a mother with five children or more a weekly income, inclusive of their combined pensions, of 

32

6

Mothers of deceased unmarried soldiers with incapacitated fathers.

“47g. A Deputy-Comptroller may grant to the mothers of deceased unmarried soldiers who—

(a) have husbands so incapacitated as to be unable to contribute materially to their support;

(b) were married to such husbands prior to the enlistment of those soldiers; and

(c) were, prior to the enlistment of those soldiers, dependent upon them,

such allowances, whilst resident in the Commonwealth, as will insure—

 

 

s.

d.

(a)

to a mother with such a husband a weekly income, inclusive of their combined pensions, of 

51

0

(b)

to a mother with such a husband and one child a weekly income, inclusive of their combined pensions, of             

54

6

(c)

to a mother with such a husband and two children a weekly income, inclusive of their combined pensions, of             

58

0

(d)

to a mother with such a husband and three children a weekly income, inclusive of their combined pensions, of             

61

6

(e)

to a mother with such a husband and four children a weekly income, inclusive of their combined pensions, of             

65

0

(f)

to a mother with five or more children a weekly income, inclusive of their combined pensions, of 

68

6

Mothers of married soldiers with incapacitated husbands.

“47h. A Deputy-Comptroller may grant to the mothers of deceased or totally and permanently incapacitated married soldiers who—

(a) have husbands so incapacitated as to be unable to contribute materially to their support;

(b) were married to such husbands prior to the enlistment of those soldiers; and

(c) were, prior to the enlistment of those soldiers, dependent upon them—

such allowances, whilst resident in the Commonwealth, as will insure—

 

 

s.

d.

(a)

to a mother with such a husband a weekly income, inclusive of their combined pensions, of 

25

6

(b)

to a mother with such a husband and one child a weekly income, inclusive of their combined pensions, of             

27

3

(c)

to a mother with such a husband and two children a weekly income, inclusive of their combined pensions, of             

29

0

(d)

to a mother with such a husband and three children a weekly income, inclusive of their combined pensions, of             

30

9

(e)

to a mother with such a husband and four children a weekly income, inclusive of their combined pensions, of             

32

6

(f)

to a mother with such a husband and five or more children a weekly income, inclusive of their combined pensions, of             

34

3

C.18837.—2


Incapacitated fathers of deceased unmarried soldiers.

“47i. A Deputy-Comptroller may grant to the incapacitated fathers of deceased unmarried soldiers, who were, prior to the enlistment of those soldiers, dependent upon them, and are widowers, such allowances whilst resident in the Commonwealth as will insure—

 

 

s.

d.

(a)

to a father who has no children dependent upon him, where by reason of special circumstances a State Board is satisfied that an allowance is necessary, a weekly income, inclusive of pension, not exceeding             

42

0

(b)

to a father with one child a weekly income, inclusive of their combined pensions, of 

51

0

(c)

to a father with two children a weekly income, inclusive of their combined pensions, of 

54

6

(d)

to a father with three children a weekly income, inclusive of their combined pensions, of 

58

0

(e)

to a father with four children a weekly income, inclusive of their combined pensions, of 

61

6

(f)

to a father with five or more children a weekly, income, inclusive of their combined pensions, of 

65

0

Incapacitated fathers of married soldiers.

“47j. A Deputy-Comptroller may grant to the incapacitated fathers of deceased married soldiers or of totally and permanently incapacitated married soldiers, who were, prior to the enlistment of those soldiers, dependent upon them, and are widowers, such allowances, whilst resident in the Commonwealth, as will insure—

 

 

s.

d.

(a)

to a father who has no children dependent on him, where, by reason of special circumstances a State Board is satisfied that an allowance is necessary, a weekly income, inclusive of pension, not exceeding             

21

0

(b)

to a father with one child a weekly income, inclusive of their combined pensions, of 

25

6

(c)

to a father with two children a weekly income, inclusive of their combined pensions, of 

27

3

(d)

to a father with three children a weekly income, inclusive of their combined pensions, of 

29

0

(e)

to a father with four children a weekly income, inclusive of their combined pensions, of 

30

9

(f)

to a father with five or more children a weekly income, inclusive of their combined pensions, of 

32

6.”

2. Regulation 51 of the Australian Soldiers’ Repatriation Regulations is repealed.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.

Overview

The Australian Soldiers’ Repatriation Regulations 1918 were enacted to provide specific guidelines for the administration of the Australian Soldiers’ Repatriation Act 1917-1918. This Act was introduced to address the need for comprehensive support and financial assistance for Australian soldiers who had been incapacitated or had died during World War I. The regulations were established under the authority of the Governor-General in Council, with the intent of ensuring that soldiers and their dependents received adequate allowances. The policy objective behind these regulations was to ensure that incapacitated soldiers and their families received necessary financial support to cover their living expenses and other needs. The regulations detail allowances for different categories of incapacitated soldiers and their dependents, ensuring that each case is treated according to specific circumstances.

Scope and Application

The Australian Soldiers’ Repatriation Regulations 1918, as amended, provide a structured framework for the financial support of incapacitated soldiers and their dependants within the Commonwealth of Australia. These regulations apply to incapacitated soldiers, their widows, mothers, and fathers, contingent upon their status as dependents prior to the soldier's enlistment. A Deputy-Comptroller is empowered to grant specific weekly allowances based on the soldier's marital status and the number of dependents, ensuring the soldier's income, inclusive of any pensions, falls within the prescribed limits. In cases where special circumstances are deemed necessary by a State Board, additional considerations may be applied. The allowances are tailored to accommodate various family compositions, including scenarios where the soldier is unmarried, married with children, or where other family members, such as mothers or fathers, require support due to incapacitation or widowhood. This legislation does not specify exclusions or thresholds but provides a detailed breakdown of allowable income levels for different family structures. The regulations are designed to be comprehensive and adaptive, ensuring that all eligible family members of incapacitated soldiers receive appropriate financial assistance while residing within the Commonwealth.

Key Provisions

The main operative sections of these regulations, outlined in Regulation 47, establish a framework for the allowance grants to incapacitated soldiers and their dependants. These provisions cover various scenarios, including soldiers who are unmarried without dependants, married soldiers, soldiers with widowed mothers, mothers with incapacitated husbands, and incapacitated fathers. Each scenario specifies the weekly income, inclusive of pensions, that a Deputy-Comptroller may grant to ensure a certain standard of living for the soldiers and their dependants, depending on the number of dependents and their specific circumstances. The regulations also allow for the possibility of separate allowances if desired by the soldier or the dependant. These regulations impose specific obligations on the Deputy-Comptroller, who is tasked with granting allowances to incapacitated soldiers and their dependants in accordance with the detailed provisions of Regulation 47. The Deputy-Comptroller must assess each case individually, taking into account the soldier's marital status, the number of dependants, and their specific circumstances. This includes considering whether separate allowances are requested and adjusting the amounts accordingly. The Deputy-Comptroller must ensure that the total weekly income, inclusive of pensions, aligns with the stipulated amounts set forth in the regulations. There are no explicit offences, penalties, or civil/criminal consequences mentioned within these regulations for breaches of the allowance provisions. However, the regulations are made under the authority of the Australian Soldiers’ Repatriation Act 1917-1918, which may contain broader legal consequences for non-compliance or mismanagement of the allowances. Breaches of the Act could potentially lead to legal actions, penalties, or other consequences as defined within the overarching legislation.

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