Interim Forces Benefits Regulations (Amendment)

Legislation au C1961L00118 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1961. No. 118.

 

REGULATIONS UNDER THE INTERIM FORCES BENEFITS ACT 1947-1950.*

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 Interim Forces Benefits Act 1947-1950.

Dated this 23rd day of September, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(Sgd) F. M. OSBORNE

Minister of State for Repatriation.

 

Amendments of the Interim Forces Benefits Regulations.†

Interpretation.

1. Regulation 4 of the Interim Forces Benefits Regulations is amended by omitting from sub-regulation (1.) the definition of “child” and inserting in its stead the following definition:—

“‘child’, in relation to a member, means a child, under the age of sixteen years, of the member, being his son, daughter, step-son, step-daughter, adopted child or ex-nuptial child, but not including an ex-nuptial child born more than nine months after the termination of the member’s war service, unless the member has adopted the child;”.

2.—(1.) Regulation 12 of the Interim Forces Benefits Regulations is repealed and the following regulation inserted in its stead:—

Sustenance allowed while undergoing surgical treatment, &c.

“12.—(1.) Where a member, other than a totally incapacitated member, is prevented from following his usual occupation through—

(a) the necessities of treatment for an incapacity due to war service;

(b) the necessities of treatment for, or institutional care in consequence of, venereal disease contracted during war service; or

(c) awaiting the supply of, or repairs to, an artificial replacement or other surgical aid or appliance necessitated by an incapacity due to war service,

* Notified in the Commonwealth Gazette on 5th October, 1961.

† Statutory Rules 1947, No. 108, as amended by Statutory Rules 1948, Nos. 82, 136 and 138; 1950, No. 97; 1951, No. 8; and 1953, No. 7.

5094/61.—Price 3d. 10/8.9.1961.


a Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the member, for the period for which he is so prevented, sustenance allowance at a rate not exceeding—

(d) the rate of pension, or, if the member is in receipt of a pension, the increase in the rate of pension to the rate of pension, which would be payable to the member under the First Schedule to the Repatriation Act upon his total incapacity; or

(e) if the member has a wife and children or a wife or children, the total of the rates of pension, or, if the member is in receipt of a pension, the total of the increase in the rates of pension to the rates of pension, which would be payable to the member under the First Schedule to the Repatriation Act, and in respect of his wife and children or wife or children, as the case may be, under the Third Schedule to the Repatriation Act, upon his total incapacity.

“(2.) For the purposes of the last preceding sub-regulation, the pension which would be payable to the member upon his total incapacity shall be deemed to be the pension specified in the first item in the First Schedule to the Repatriation Act.

“(3.) Where a member is, with the authority of a Deputy Commissioner, receiving in-patient treatment at a hospital or similar institution for an incapacity due to war service and the total amount of—

(a) pension payable to the member and, if the member has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be;

(b) sustenance allowance granted to the member under sub-regulation (1.) of this regulation; and

(c) the member’s salary, wages and earnings,

during the period for which he is receiving that treatment is less than the total amount of pension payable for a like period to a member in receipt of the special rate of pension under the Second Schedule to the Repatriation Act, and, if the member has a wife and children or a wife or children, in respect of his wife and children or wife or children, as the case may be, a Deputy Commissioner may, subject to the directions of the Commission, grant to the member a sustenance allowance or an additional sustenance allowance of a sum not exceeding the difference between those amounts.

“(4.) Where sustenance allowance is granted under sub-regulation (1.) of this regulation to a member who has a wife and children or a wife or children, the Commission may, in its discretion, direct that such part of the allowance as the Commission determines be paid to such persons as the Commission specifies.”.

(2.) This regulation shall be deemed to have come into operation on the fifth day of November, 1953.

Expenses of travelling for medical treatment or pension purposes.

3.—(1.) Regulation 14 of the Interim Forces Benefits Regulations is amended by omitting from sub-regulation (4.) the words “One pound five shillings” and inserting in their stead the words “Two pounds fourteen shillings”.


(2.) This regulation shall be deemed to have come into operation on the first day of October, 1959.

Attendance allowance.

4.—(1.) Regulation 14a of the Interim Forces Benefits Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “Three shillings” and inserting in their stead the words “Five shillings”;

(b) by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Subject to the next succeeding sub-regulation, the amount of allowance payable under this regulation shall be not less than Seven shillings and sixpence nor more than Two pounds for a day or part of a day.”; and

(c) by omitting from sub-regulation (5.) the words “Two pounds eight shillings” and inserting in their stead the words “Four pounds”.

(2.) This regulation shall be deemed to have come into operation on the first day of October, 1959.

Application of certain provisions of the Repatriation Regulations.

5. Regulation 31 of the Interim Forces Benefits Regulations is amended by omitting the figures and letter “176a,”.

Application.

6.—(1.) Regulation 14 of the Interim Forces Benefits Regulations shall be deemed to have had effect in respect of any day during the period that commenced on the fifth day of November, 1953, and ended on the thirtieth day of September, 1959, being a day for which payment was to have been made under sub-regulation (3.) of that regulation, as if the words “One pound ten shillings” had been substituted for the words “One pound five shillings” in sub-regulation (4.) of that regulation.

(2.) Regulation 14a of the Interim Forces Benefits Regulations shall be deemed to have had effect in respect of any day during the period that commenced on the fifth day of November, 1953, and ended on the thirtieth day of September, 1959, being a day for which payment was to have been made under sub-regulation (3.) of that regulation, as if—

(a) the words “Four shillings” had been substituted for the words “Three shillings” in sub-regulation (3.) of that regulation;

(b) the words “Six shillings” and “One pound twelve shillings” had been substituted for the words “Five shillings” and “One pound four shillings”, respectively, in sub-regulation (4.) of that regulation; and

(c) the words “Three pounds four shillings” had been substituted for the words “Two pounds eight shillings” in sub-regulation (5.) of that regulation.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1961 No. 118, titled "Regulations under the Interim Forces Benefits Act 1947-1950," were enacted by the Governor-General on advice from the Federal Executive Council to amend the existing Interim Forces Benefits Regulations. The primary purpose of these regulations was to address gaps in the benefits provided to members of the Australian Defence Force who were undergoing treatment for disabilities or diseases resulting from their war service. This legislative instrument aimed to ensure that the benefits provided were adequate and reflective of the actual needs of service members, particularly those who were not totally incapacitated but still required substantial support due to their medical conditions. The regulations also adjusted financial allowances for sustenance, travel expenses, and attendance, reflecting changes in economic conditions and the cost of living.

Scope and Application

The Interim Forces Benefits Regulations, made under the Interim Forces Benefits Act 1947-1950, apply to members of the Australian Defence Force and their dependents who have suffered incapacity or death due to war service, or have contracted venereal disease during war service. These regulations govern the provision of various benefits, including sustenance allowances, travel expenses for medical treatment, and attendance allowances. The regulations have a national jurisdictional reach, applicable across the Commonwealth of Australia. The provisions of these regulations extend to members of the Australian Defence Force who are either currently serving or have previously served, and to their spouses and children, as defined in the regulations. The regulations provide for specific conditions under which allowances and benefits are granted, including the circumstances under which a member is prevented from following their usual occupation due to medical treatment or other related reasons. The regulations also specify the rates at which these benefits are to be paid, with adjustments made through amendments to the regulations over time. Notably, these regulations do not cover all potential scenarios and may be subject to further clarification or modification through subordinate instruments issued under the authority of the Act.

Key Provisions

The Regulations under the Interim Forces Benefits Act 1947-1950, as amended, establish specific provisions regarding benefits for members of the armed forces. Firstly, section 1 redefines "child" to include a member's son, daughter, step-son, step-daughter, adopted child, or ex-nuptial child, provided the child is under sixteen years of age and, in the case of an ex-nuptial child, was born no more than nine months after the member's war service ended unless the member has adopted the child. Secondly, section 12 outlines the conditions under which a sustenance allowance may be granted to a member who is prevented from working due to treatment for war-related incapacity, venereal disease contracted during service, or awaiting a surgical aid or appliance. The allowance is set at a rate not exceeding the pension that would be payable upon total incapacity, adjusted for the member's dependents if applicable. If the combined pension, sustenance allowance, and earnings are less than the special rate of pension, a Deputy Commissioner may grant an additional allowance. The Commission may also direct that part of the allowance be paid to specified dependents. These regulations impose several obligations on the parties involved. Members must comply with the conditions set out in the regulations to be eligible for benefits. They must provide evidence of their incapacity, the necessity for treatment, or other relevant circumstances to substantiate their claims. The Commission is responsible for assessing the eligibility of members and determining the amount of allowances to be granted, exercising discretion where necessary. Additionally, members must ensure that their claims are submitted within the prescribed timeframe and comply with any further directions from the Commission. Failure to comply with the provisions of these regulations may result in civil or criminal consequences. While the regulations do not explicitly detail specific offences or penalties, breaches of the Interim Forces Benefits Act 1947-1950, under which these regulations are made, may be subject to penalties as prescribed by the Act. Typically, penalties could include fines or other sanctions as determined by the relevant authorities. The exact nature and severity of the penalties would depend on the specific provisions of the Act and the circumstances of the breach.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.