EXPLANATORY STATEMENT
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS
INTERIM FORCES BENEFITS ACT 1947
INTERIM FORCES BENEFITS REGULATIONS (AMENDMENT)
Under section 9 of the Interim Forces Benefits Act 1947, the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for giving effect to the Act.
The proposed regulations will give effect to the Government’s Budget decision to increase the current amount payable in respect of the cost of a funeral from $500 to $550.
Regulation 28 of the Interim Forces Benefits Regulations provides a monetary grant towards the funeral expenses of a veteran whose death is due to war service or who dies in indigent circumstances. It is also payable to a veteran who dies in an institution, while travelling to or from an institution to which the veteran had been authorised to proceed or after being discharged from an institution while terminally ill.
Proposed regulation 1 will increase the monetary grant towards funeral expenses of eligible veterans from $500 to $550.
Proposed regulation 2 establishes that the increase in the funeral benefit is to apply in respect of a death of a veteran that occurs on or after 1 November 1984.
Overview
The Interim Forces Benefits Regulations (Amendment) 1947, issued under the authority of the Minister of State for Veterans’ Affairs, amends the existing Interim Forces Benefits Regulations to increase the monetary grant for funeral expenses for veterans. Enacted by the Australian Parliament, this amendment responds to a policy objective of the government to better support the families of veterans by increasing the financial assistance provided for funeral costs. The current regulation, which provides a grant of $500 towards funeral expenses, is set to be increased to $550. This change will apply to the death of a veteran occurring on or after 1 November 1984, ensuring that the increased benefits are available for those who have served and their families.
The amendment aims to address the need for an updated financial provision that reflects current costs and acknowledges the ongoing commitment of the government to support veterans and their families. This legislative action demonstrates a dedication to improving the welfare of those who have served in the armed forces, ensuring that they receive the support they need, particularly in times of loss.
Scope and Application
The Interim Forces Benefits Regulations (Amendment) applies to veterans of Australia's armed forces who are eligible for funeral benefits under the Interim Forces Benefits Act 1947. These regulations specifically pertain to the financial assistance provided towards funeral expenses for veterans who meet certain criteria, including those who die from war-related causes, in indigent circumstances, or while in transit to or from an institution or after being discharged from an institution while terminally ill. The amendment to the regulations, which increases the monetary grant from $500 to $550, is applicable to the deaths of veterans occurring on or after 1 November 1984. The scope of these regulations extends across the Commonwealth, ensuring that the updated benefits are uniformly applicable regardless of the state or territory in which the veteran resides or where the death occurs. The regulations do not explicitly state any exclusions or thresholds beyond the specified eligibility criteria, and they are made under the authority granted by section 9 of the Interim Forces Benefits Act 1947.
Key Provisions
The main operative sections of the Interim Forces Benefits Regulations (Amendment) concern the financial support provided for funeral expenses of veterans under specific circumstances. Regulation 28, as amended, now provides a monetary grant of $550 (previously $500) towards funeral expenses for eligible veterans, as mentioned in section 2 of the explanatory statement. This increase applies to the death of a veteran that occurs on or after 1 November 1984, as outlined in section 3.
The obligations imposed by these regulations are primarily focused on the eligibility criteria for the increased funeral benefit. The regulations require that the veteran’s death must be due to war service, or occur in indigent circumstances, or while the veteran is travelling to or from an authorised institution, or shortly after discharge while terminally ill. These conditions ensure that the benefit is appropriately targeted to those who have served and subsequently died under specific, qualifying circumstances.
Failure to comply with the requirements set out in these regulations could lead to civil or criminal consequences. While the explanatory statement does not specify particular offences or penalties, breaches of regulations governing financial benefits could potentially result in legal action for misrepresentation or fraud, with severe penalties depending on the severity of the breach. It is also possible that administrative penalties, such as fines, could be imposed under the relevant legislative framework.
In summary, the Interim Forces Benefits Regulations (Amendment) enhance the support for veterans' funeral expenses by increasing the monetary grant to $550, effective from 1 November 1984. The regulations necessitate strict adherence to the eligibility criteria for the benefit, and any breach of these provisions could lead to significant legal and administrative repercussions.