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:
Table to Sub-regulation 180A(1) | Per Fortnight |
One leg and one arm amputated | $4.00 to $4.40 |
One leg or one arm amputated | $1.90 to $2.10 |
Both legs or both arms amputated | $2.60 to $2.90 |
One leg amputated (causing material hip disarticulation) | $2.60 to $2.90 |
Sub-regulation 180A(2) | Per Fortnight |
Allowance for use of crutch or crutches in addition to any other artificial aid | $4.00 to $4.40 |
Sub-regulation 180A(4) | Per Annum |
Allowance in respect of exceptional wear and tear to clothing | $49.40 to $54.60 |
Overview
The Repatriation Legislation Amendment Act 1983 (No. 70) introduced amendments to the Repatriation Act 1920 to improve benefits for veterans and their families. This Act was enacted to address gaps in pension eligibility and allowances for veterans with disabilities, particularly those who are severely incapacitated or handicapped. The Parliament of Australia authorised these changes to ensure the provision of adequate support and recognition for the sacrifices made by veterans and their families. The policy objective of the Act was to provide necessary financial assistance and care to those who have served the nation, thereby enhancing their quality of life post-service.
The Repatriation Regulations (Amendment) 2004 further elaborated on the implementation of these policy objectives by adjusting the rates of Recreation Transport Allowance and Clothing Allowance, and extending funeral benefits to spouses of severely handicapped female service pensioners who provide personal care. These amendments were made under the authority of the Minister of State for Veterans’ Affairs and aimed to ensure that the financial support provided to veterans and their families was fair and reflective of their needs. By increasing these allowances and extending benefits, the regulations sought to address the evolving needs of the veteran community and provide them with the necessary support to maintain a dignified standard of living.
Scope and Application
The Repatriation Regulations (Amendment) Statutory Rules No. 252, issued under the authority of the Minister of State for Veterans’ Affairs, amend the Repatriation Regulations to give effect to the Government’s Budget decisions, as authorised by section 124 of the Repatriation Act 1920. The regulations apply to eligible veterans and their families, specifically those who have suffered severe service-related disabilities. They enhance financial support by increasing the Recreation Transport Allowance, Clothing Allowance, and extending funeral benefits. These changes are designed to offset the costs associated with recreational travel, clothing needs due to exceptional wear and tear from disabilities, and funeral expenses for eligible spouses or children of service pensioners. The amendments apply nationally and are effective from specified dates in November and December 1983, providing immediate benefits to those affected by service-related disabilities. The regulations do not explicitly state exclusions or thresholds but apply to those meeting the criteria outlined in the amended regulations.
Key Provisions
The main provisions of the Repatriation Regulations (Amendment) involve the adjustment of several allowances and benefits for veterans and their dependents. Regulation 2 modifies the Recreation Transport Allowance, increasing the monthly rate from $53 to $59 for the higher rate and from $26.50 to $29.50 for the lower rate, effective from 1 November 1983 (Section 2). Regulation 3 extends funeral benefits to the husband of a severely handicapped female service pensioner who provides constant care and attention, effective from 8 December 1983 (Section 3). Regulation 4 increases the rates of the Clothing Allowance, applicable from the first payday in November 1983, with specific adjustments for various conditions (Section 4).
The obligations imposed by these regulations require the Department of Veterans’ Affairs to review and update the allowance rates for Recreation Transport and Clothing Allowances, ensuring the new rates are implemented from the specified dates. The Department must also ensure that funeral benefits are extended to the husbands of severely handicapped female service pensioners who provide care, in accordance with the new provisions. These changes necessitate administrative updates and communication to affected individuals to inform them of the revised benefits.
Failure to comply with the provisions of these regulations could result in legal consequences. The Act may impose civil penalties for non-compliance, including fines and other administrative actions. Additionally, if the changes are not properly implemented, veterans or their dependents may be deprived of the increased allowances or benefits to which they are entitled, potentially leading to legal disputes or claims for compensation. The exact penalties for non-compliance are not specified in the document, but they could include financial penalties or corrective actions mandated by the court.
In summary, the Repatriation Regulations (Amendment) introduce significant changes to the allowances and benefits for veterans and their dependents, requiring the Department of Veterans’ Affairs to implement these changes accurately and in a timely manner. Failure to comply with the new regulations could lead to legal consequences and financial penalties, underscoring the importance of adhering to the prescribed provisions.