Australian Soldiers' Repatriation Regulations (Amendment)

STATUTORY RULES.

1935. No. 7.

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REGULATIONS UNDER THE AUSTRALIAN SOLDIERS’ REPATRIATION ACT 1920-1934.*

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 1920-1934.

Dated this Sixth day of January, 1935.

(Sgd.) ISAAC A. ISAACS.

Governor-General.

By His Excellency’s Command,

Minister of State for Repatriation.

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Amendment of Australian Soldiers’ Repatriation Regulations.†

Operation of amendments.

1.—(1.) Regulations 2 to 7 (inclusive) and 10 to 13 (inclusive) of these Regulations shall be deemed to have come into operation on the ninth day of August, 1934.

(2.) Regulations 8 and 9 of these Regulations shall be deemed to have come into operation on the twenty-third day of August, 1934.

Definitions.

2. Regulation 3 of the Australian Soldiers’ Repatriation Regulations is amended by adding at the end of the definition of “Wife” the following proviso:—

“Provided that, if the soldier has died or dies and his death is accepted for the purposes of the Act and of these Regulations as attributable to war service, any such wife shall, subject to these Regulation, be eligible for any benefits prescribed in these Regulations in respect of a widow of a soldier.”.

3. Regulation 8 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Claim by incapacitated soldier.

“8.—(1.) Every member who claims a pension for himself, or for himself and any dependant being his wife or child, on the ground that he suffers incapacity, shall prepare a claim in accordance with Form Z.

“(2.) Any claim for pension, made in writing, by a member or by any person or organization on his behalf (including any claim that he suffers incapacity) may be deemed to be a claim for pension for the member and for any dependant, being the wife or child of the member if, within six months, a claim for such pension or pensions in accordance with Form Z is received by the Deputy Commissioner.”.

* Notified in the Commonwealth Gazette on, 1935.

† Statutory Rules 1934, No. 16.

4401.—8/18.11.1934—Price 5d.

4. Regulation 9 of the Australian Soldiers’ Repatriation Regulations is repealed, and the following regulation inserted in its stead:—

Claim by dependant.

“9.—(1.) Every person who claims a pension on the ground that he is or was a dependant of a member shall prepare a claim in accordance with Form Y:

Provided that, where a dependant is under the age of sixteen years, the claim shall be in accordance with Form X, and the declaration in that form may be made by any person who has a knowledge of the facts and who is more than sixteen years of age:

Provided further that claims on behalf of the wife of an incapacitated member, and such of his children as are under the age of sixteen years, may be included in the claim of the member:

Provided also that the Commission may waive the necessity for a claim in the case of any person who, prior to the commencement of this regulation, was in receipt of a living allowance under regulation 96 of these Regulations.

“(2.) Any claim for pension made in writing by the wife or widow of a member, or by any person or organization on her behalf (including a claim that the member suffers incapacity or that his death was due to war service) may be deemed to be a claim for pension for the wife or widow and for any of her children for whom she claims if, within six months, a claim for such pension or pensions, in accordance with Form X or Form Y, as the case may be, is received by the Deputy Commissioner.”.

5. Regulation 82 of the Australian Soldiers’ Repatriation Regulations is repealed, and the following regulation inserted in its stead:—

Reduction of allowances.

“82. Notwithstanding anything contained in these Regulations, the amount of any allowance which, but for this regulation, would have been payable under regulations 83, 88 and 90 of these Regulations shall be reduced by twenty per centum.”.

Remarried widows of deceased soldiers who are again widowed.

6. Regulation 88 of the Australian Soldiers’ Repatriation Regulations is amended by omitting paragraph (b) of sub-regulation (1.) and inserting in its stead the following paragraph:—

“(b) who is again widowed;”.

Soldiers 65 per cent. or more incapacitated.

7. Regulation 93 of the Australian Soldiers’ Repatriation Regulations is amended by omitting from the first proviso the figures and symbol “32s.” and inserting in their stead the figures and symbol “40s.”

Repeal of regulations 95 to 97.

8. Regulations 95 to 97 (inclusive) of the Australian Soldiers’ Repatriation Regulations are repealed.

Allowance to third or subsequent child of a deceased soldier.

9. Regulation 99 of the Australian Soldiers’ Repatriation Regulations is amended—

(a) by omitting the words “or allowance payable under regulation 96 of these Regulations”; and

(b) by omitting the words “or allowance” (second occurring).

10. Regulation 100 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Definitions.

“100. In this Part, unless the contrary intention, appears—

‘eligible child’ means the child under the age of eighteen years of—

(a) a deceased soldier;

(b) a totally and permanently incapacitated soldier;

(c) a blinded soldier; or

(d) a soldier whose eyesight is, in the opinion of the Commission, so defective that he has no useful sight,

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 and his death is accepted for the purposes of the Act and of these Regulations as attributable to war service;

‘the scheme’ means the Soldiers’ Children Education Scheme referred to in regulation 103 of these Regulations.”.

11. Regulation 108 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Care and education of children.

“108. The Commission may make such arrangements and pay such amounts as it deems necessary for the care and education of a child of—

(a) a deceased soldier;

(b) a totally and permanently incapacitated soldier;

(c) a blinded soldier; or

(d) a soldier whose eyesight is, in the opinion of the Commission, so defective that he has no useful sight,

for any period prior to the child’s admission to the Soldiers’ Children Education Scheme.”.

12. Regulation 113 of the Australian Soldiers’ Repatriation Regulations is repealed and the following regulation inserted in its stead:—

Sustenance allowance while undergoing medical treatment, &c.

“113.—(1.) Where a Departmental Medical Officer certifies that a soldier is prevented from following his usual occupation through—

(a) the necessities of treatment for a disability due to or materially aggravated by war service; or

(b) awaiting the supply of, or repairs to, an artificial limb or other surgical appliance,

a Deputy Commissioner may, for such period as the Departmental Medical Officer specifies in his certificate, grant sustenance allowance

to the soldier at such rate as, together with war pension, will ensure to the soldier an income not exceeding the sum of the amounts payable in accordance with the following scale:—

Provided that sustenance allowance shall not be payable in the case of a soldier whose war pension has been assessed at a rate ‘not to be increased’.

“(2.) For the purposes of this regulation (other than the proviso to sub-regulation (1.)), ‘war pension’ includes any amount payable under any Imperial or Dominion Act in respect of disablement arising out of service of the nature specified in paragraph (c) of sub-section (2.) of section forty-six of the Act.”.

The Schedule.

13. The Schedule to the Australian Soldiers’ Repatriation Regulations is amended by omitting Form K and inserting in its stead the following Form:—

Regulation 24.

Disabilities.

1. Ex-soldiers statement.

unemployed, Period......................

Since last review I have been

employed by................ as..........

Period......................

During the past twelve months I lost.................weeks’ work through the

entitled disabilities, and............weeks from other causes.

Signature............................

Witness.............................................Date.......................

2. Ex-soldier’s statement of symptoms and/or incapacity (accepted disabilities only.)

4. Medical Officer’s Report on detailed examinations of accepted disabilities.

(Clear writing, without ambiguous abbreviations, is essential.)

6. Degree of incapacity resulting from accepted disabilities............%

7. Other disabilities present.

(a) Previously recorded and rejected as not related to war service. (Brief description of present condition.)

(b) Not previously recorded (ex-soldier’s statement of history and symptoms).

(c) Medical Officer’s Report on 7 (b) (if Clinical Report on heart, lungs, and urine has not been included under para. 4, Report to be made here.)

(d) (i) Recommendation, if possible, of Medical Officer as to relationship of unrecorded disabilities 7 (b) to war service.

(ii) What further information is required to establish relationship to service?

8. Medical assessment.     Period of assessment........months.

Degree of incapacity caused by—

(a) pre-war factors (if any)...................%

(b) disabilities accepted as due to war service.......%

(c) disabilities accepted as aggravated............%

or as accelerated, &c..................%

(d) post-war factors independent of war service.....%

Assessment for pension purpose........%

(All questions are to be answered.)

Signature of Medical Officer............

Date............................

Place....................

Time...........................

10. Decision of Repatriation Board (G.O.P.25).”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.