Repatriation Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES NO. 297

ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS

REPATRIATION ACT 1920

REPATRIATION REGULATIONS (AMENDMENT)

Under section 124 of the Repatriation Act 1920, 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 non-Budget decision to extend to certain civilians and members of the Citizen Military Forces who assisted the Commonwealth in the prosecution of a war or conflict, formal eligibility as member of Forces under Repatriation legislation. The proposed regulations will also give effect to the Government’s 1982-83 Budget decisions to increase the rates of Recreation Transport Allowances and Clothing Allowance in line with movements in the Consumer Price Index since the last increase, extend treatment, education benefits and funeral benefits to orphans whose deceased veteran parent served in a theatre of war, increase the current rate payable in respect of funeral expenses to $500 and extend to World War II veterans, who are in receipt of a service pension and receiving not less than 50% of the General Rate disability pension, entitlement to Repatriation medical and hospital treatment.

Regulation 2 - Extension of Repatriation benefits to certain civilians and members of the Citizen Military Forces - Benefits have been paid to certain civilians, such as members of philanthropic organizations and members of the Citizen Military

Forces under the authority of various War Cabinet Minutes and various directions. Although benefits have been similar to those payable to members of the Forces there has been no legislative base. The Repatriation Act has been amended to extend to this category of persons formal eligibility under the Repatriation Act. This was achieved by amending the definitions of ‘member of the Forces’ to include these ‘Act of Grace’ persons.

The proposed regulation amends the definition of ‘member’ by seeking to rely upon the definition of ‘member of the Forces’ as set out in the Act thereby extending to this category of persons formal eligibility for benefits under the Repatriation Regulations.

These provisions apply from 1 November 1982.

Regulation 3 - Extension of Repatriation medical and hospital treatment - Regulation 66 of the Repatriation Regulations provides for free Repatriation medical and hospital treatment to several categories of Repatriation beneficiaries, including certain service pensioners and disability pensioners, for any incapacity that is not related to service.

The proposed regulations will, from 11 November 1982, extend to veterans of the Second World War, who are in receipt of a service pension and not less than 50% of the General Rate of disability pension, free Repatriation medical and hospital treatment for any incapacity that is not related to the veteran’s service.

Regulations 4, 5 and 7(c) - Extension of benefits to orphans- The Repatriation Act previously provided that for an orphan to be eligible for a pension his veteran father must have died on active service or died subsequently from a service-related cause or, at the time of his death, be in receipt of the Special

Rate pension or a pension as a double or triple amputee. The orphans pension has been extended (section 46A of the Repatriation Act) to orphans whose deceased veteran parent served in a theatre of war, irrespective of the rate of disability pension paid before his death or the relationship between death and service.

The proposed regulations extend to orphans eligible for a pension under section 46A of the Repatriation Act, benefits under the Repatriation Regulations namely, medical treatment, education benefits and funeral benefits.

Regulation 6 - Recreation Transport Allowance -

Regulation 104A of the Repatriation Regulations provides for the payment of Recreation Transport Allowance to a veteran who, through his service-related disability, is seriously incapacitated. This allowance is paid to off-set the cost of travel for recreational purposes and is granted at either of two rates. The higher rate is paid to a veteran who has lost both legs above the knee and to a Special (T. & P.I.) Rate pensioner whose powers of locomotion are negligible, or to a veteran who is handicapped with regard to locomotion to a like degree. The lower rate is paid to a veteran who is blind or who has undergone amputation of two limbs or a like incapacity.

The proposed regulations increase the monthly rate of the allowance from $48 to $53 for the higher rate and from $24 to $26.50 for the lower rate, from 1 November 1982.

Regulations 7 (a), (b) and 9 - Funeral expenses -

Regulation 179 of the Repatriation Regulations provides a monetary grant towards the funeral expenses of a veteran whose death is due to service, a veteran who dies in indigent circumstances, in an institution, while proceeding to or from that institution or dies after being discharged while terminally ill from an institution. This regulation also provides a monetary grant towards the funeral expenses of certain dependants of a veteran who die in indigent circumstances.

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Under regulation 197 of the Regulations a grant is also made towards the funeral expenses of a veteran of the South African War who dies in indigent circumstances, or in an institution, or while proceeding to or from an institution.

The proposed regulations will increase the monetary grant towards the cost of funeral expenses to $500 in respect of the death of a person that occurs on or after 1 November 1982.

Regulation 8 - Clothing Allowance - Regulation 180A of the Repatriation Regulations provides for the payment of a Clothing Allowance to veterans suffering from the loss of limbs or whose clothing otherwise suffers exceptional wear and tear or damage from the use of a surgical appliance, or from the treatment of an accepted disability.

The proposed regulations increase the rates specified in regulation 180A from the first payday in November 1982, namely, 11 November 1982, as follows:

TABLE TO SUB-REGULATION 180A(1)