Repatriation Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES NO. 252

ISSUED BY AUTHORITY OF THE MINISTER OF STATE

FOR VETERANS’ AFFAIRS

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 give effect to the Government’s Budget decisions to increase the rates of Recreation Transport Allowance and Clothing Allowance. In addition, the Repatriation Legislation Amendment Act 1983 (Act No. 70, assented to 24 October 1983) extended service pension eligibility to the spouse of a severely handicapped female service pensioner where he provides personal care and attention to the female Veteran. The proposed regulations extend funeral benefits in respect of a man receiving a service pension under these provisions.

Details of the proposed regulations are as follows:

Regulation 2 - Recreation Transport Allowance - Existing 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 locomation are negligible, or to a Veteran who is handicapped with regard to locomation to a like degree. The lower rate is paid to a Veteran who is blind or who has undergone amputatation of two limbs or a like incapacity.

Regulation 2 increases the monthly rate of the allowance from $53 to $59 for the higher rate and from $26.50 to $29.50 for the lower rate, from 1 November 1983.

Regulation 3 - Funeral benefits - Existing regulation 179A provides a monetary grant towards the funeral expenses of a service pensioner or the child of a service pensioner.

Regulation 3 will extend the grant of funeral benefits to the husband of a severely handicapped female service pensioner who receives a pension because he is providing constant care and attention for his spouse.

This provision will apply from 8 December 1983.

Regulation 4 - Clothing Allowance - Existing regulation 180A of the Repatriation Regulations provides for the payment of a Clothing Allowance to Veterans who have lost limbs or whose clothing otherwise suffers exceptional wear and tear or damage from the use of a surgical appliance, or from the treatment of a disability accepted as related to service.

Regulation 4 increases the rates specified in existing regulation 180A from the first payday in November 1983, namely 10 November 1983, as follows: