Australian Soldiers' Repatriation Regulations (Amendment)

Legislation au C1931L00094 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1931. No. 94.

 

REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’

REPATRIATION ACT 1920–1931.

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 1920–1931, to come into operation on the 30th July, 1931.

Dated this twenty-fourth day of July, 1931.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

J. McNeill

Minister of State for Repatriation.

 

Amendment of Australian Soldiers’ Repatriation Regulations.

(Statutory Rules 1925, No. 110, as amended to this date.)

1. Regulation 3 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by adding at the end of the definition of “Child” the words “, but does not include—

(i) any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or

(ii) any child born to a soldier after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies from the results of an occurrence happening during the period he was a member of the Forces;”; and

(b) by inserting, after the definition “Vocational Training Committee”, the following definition:—

“ ‘Wife, in relation to a soldier, does not include any wife married to a soldier after the first day of October One thousand nine hundred and thirty-one.”.

2. Regulation 4 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by adding, at the end of the definition of “Child”, the words “but does not include any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one”; and

2132.—Price 3d.


(b) by adding at the end of the definition of “Dependants” the words ”, but does not include any wife married, or child born, to a member of the Forces after the first day of October, One thousand nine hundred and thirty-one.

Provided that any such child born after that date whose father dies from the results of an occurrence happening during the period life was a member of the Forces shall be deemed to be a dependant”.

3. After regulation 47 of the Australian Soldiers’ Repatriation Regulations the following regulation is inserted:—

Regulations of allowances.

“47a.—(1.) Notwithstanding anything contained in these Regulations, the amount of any sustenance or allowance which but for this regulation and section 42 of the Financial Emercency Act 1931, would have been payable under these Regulations shall be reduced—

(a) by twenty per centum in the case of sustenance or allowances under regulations, 83, 89a, 89b, 89c, 89d, 89e, 89f, 89g, 89ga, 89h, 89i, 89k, 89l, and 89p; and

(b) by twenty-two and one half per centum in the case of—

(i) allowances under paragraphs (a) and (b) of sub-regulation (1.) of regulation 89c; and

(ii) allowances under regulations 89q, and 89r, in respect of a dependant or to a child of an incapacitated soldier.

“(2.) The reductions prescribed in sub-regulation (1.) of this regulation shall apply to all amounts payable on and subsequent to the thirtieth day of July One thousand nine hundred and thirty-one.”.

4. Regulation 77 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:–

Rates of sustenance while undergoing medical treatment.

“77.— (l.) Where a Departmental Medical Officer certifies that the necessities of treatment for a disability due to or materially aggravated by war service prevent a soldier from following his usual occupation, a Deputy Commissioner may, for such period as a Departmental Medical Officer specifies in his certificate, grant sustenance allowance to the soldier in accordance with the following scale but so that the total income of the soldier shall not exceed the sum of amounts payable in accordance with that scale:—

In respect of—

Fortnightly Amount.

 

s.

d.

(i) the soldier......................................................

84

0

(ii) the wife of the soldier..............................................

27

10

(iii) the first child of a soldier............................................

15

6

(iv) each additional child of a soldier with more than one child......................

11

7

Provided that, in the case of a soldier without dependants, sustenance allowance shall not be payable where the soldier is undergoing inpatient treatment at an institution maintained at the public expense:

Provided further sustenance allowance shall not be payable, in any case of a soldier whose pension has been assessed at a rate not to be increased.


“(2.) For the purposes of this regulation, “total income” means the income of the soldier from all sources including the amounts payable under this regulation and the pensions granted in respect of himself, wife and children, as the case may be.”.

5. Regulation 85 of the Australian Soldiers’ Repatriation Regulations is amended by omitting paragraphs, (i) to (vi) (inclusive) and inserting in their stead the words “to an applicant sustenance in accordance with the scale of sustenance allowance contained in sub-regulation (1.) of regulation 77 of these Regulations, but so that his total income as defined in that regulation shall not exceed the sum of the amounts payable in accordance with that scale”.

6. Regulation 89q of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting from paragraph (c) the words “and”; and

(b) by inserting, after paragraph (d) the following paragraph:—

“and; (e) in the case of a step-son, step-daughter, adopted son or adopted daughter—became a dependant before the first day of July One thousand nine hundred and thirty-one.”.

7. Regulation 102a of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end of the definition of “eligible child” the words “, but does not include—

(i) any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one; or

(ii) any child born to a soldier after the first day of October One thousand nine hundred and thirty-one unless the father of such child dies from the results of an occurrence happening during the period he was a member of the Forces;”.

8. Regulation 103a of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end of the definition of “Orphan”, the words “or any step-son, step-daughter or adopted child who becomes a dependant after the first day of July One thousand nine hundred and thirty-one”.

 

By Authority: H. J. Green, Government Printer, Canberra.

Overview

The Australian Soldiers’ Repatriation Regulations 1931, enacted under the Australian Soldiers’ Repatriation Act 1920–1931, address the evolving needs of soldiers and their dependants following World War I. The Australian Parliament established these regulations to refine the eligibility criteria for dependants and adjust the financial support provided to soldiers and their families, reflecting economic constraints during the Great Depression. The Regulations introduced amendments to the definition of "Child" and "Wife" in relation to a soldier, excluding step-children and adopted children who became dependants after specific dates, as well as wives married after certain dates, unless the soldier died from war-related injuries. Additionally, the regulations reduced the amount of sustenance and allowances by specified percentages, adjusted rates of sustenance for soldiers undergoing medical treatment, and modified the criteria for determining eligible children and orphans, again excluding those who became dependants after certain dates. The overarching policy objective was to manage the financial burden of repatriating soldiers and their dependants amidst economic difficulties.

Scope and Application

The Statutory Rules 1931 No. 94, Regulations under the Australian Soldiers' Repatriation Act 1920–1931, made by the Governor-General on behalf of the Federal Executive Council, amends and inserts various regulations governing the Australian Soldiers’ Repatriation Regulations. These regulations apply to soldiers and their dependants, specifically those who were dependants prior to certain dates in 1931, thereby excluding step-children, adopted children, and children born to a soldier after specific dates from eligibility for certain benefits. The regulations also provide for reductions in sustenance and allowances payable under various conditions, and establish new rates for sustenance allowances for soldiers undergoing medical treatment, with specific conditions regarding the total income of the soldier. The amendments and insertions into the existing regulations are designed to refine the criteria for eligibility and the financial support provided to soldiers and their dependants under the Act.

Key Provisions

The Australian Soldiers’ Repatriation Regulations, as amended by Statutory Rules 1931, No. 94, introduce several significant changes to the eligibility criteria and financial provisions for soldiers and their dependants. Regulation 3, for example, modifies the definition of “Child” (Regulation 3(a)) and “Wife” (Regulation 3(b)) to exclude any step-children or adopted children who become dependants after July 1, 1931, and any wives married or children born to a member of the Forces after October 1, 1931. These amendments ensure that only certain dependants qualify for benefits under the regulations. Regulation 4 further clarifies the definition of “Child” and “Dependants” by excluding step-children and adopted children who become dependants after July 1, 1931, and wives married or children born to a member of the Forces after October 1, 1931, unless the father dies from injuries sustained during service. These changes impose specific obligations on the parties governed by the regulations. For instance, the new definitions of “Child” and “Wife” mean that any claims for benefits by step-children, adopted children, or spouses who meet the criteria outlined in the regulations will be subject to strict eligibility conditions. Similarly, the insertion of Regulation 47a imposes an obligation to reduce certain sustenance and allowances by 20% or 22.5% depending on the type of allowance, effective from July 30, 1931. Regulation 77 introduces new scales for sustenance allowances during medical treatment, specifying the maximum amounts payable based on the soldier’s dependants, while Regulation 89q ensures that step-children, adopted children, and other specified dependants who became dependants before July 1, 1931, continue to be eligible for certain allowances. Breaches of the provisions in these regulations may lead to civil or administrative consequences. For instance, claiming benefits for ineligible dependants could result in the denial of those benefits, and failure to comply with the specified reductions in sustenance or allowances could lead to legal actions or penalties. Although the regulations do not explicitly state penalties, any fraudulent claims or misrepresentations could be subject to penalties under the Australian Soldiers’ Repatriation Act 1920–1931, potentially including fines or other sanctions.

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