Repatriation Regulations (Amendment)

EXPLANATORY STATEMENT

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

REPATRIATION ACT 1920

REPATRIATION REGULATIONS (AMENDMENT)

1984 No 292

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 Budget decisions to increase the rates of Recreation Transport Allowance and Clothing Allowance in line with movements in the Consumer Price Index for the period 1 July 1983 to 30 June 1984. In addition, the proposed regulations also increase the current amount payable in respect of the cost of a funeral from $500 to $550.

Regulation 2 - Severely incapacitated members

Regulation 104A of the Repatriation Regulations provides for the payment of an allowance to a veteran who, through a service-related disability, is seriously incapacitated. The allowance, referred to as the Recreation Transport Allowance, is paid to offset the cost of travel for recreational purposes and is granted at either of two rates. The higher rate is payable to a

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veteran who has had both legs amputated above the knee and to a Special (T. & P.I.) Rate pensioner whose powers of locomotion are negligible. The lower rate is payable to a veteran who has had two limbs amputated, or who is blinded, or has a like incapacity.

Proposed regulation 2 increases the monthly rate of the allowance from $59.00 to $61.40 for the higher rate and from $29.50 to $30.70 for the lower rate.

Proposed sub-regulation 6(1) establishes that the increases in Recreational Transport Allowance are to take effect from 1 November 1984 in respect of any instalment of that allowance falling due on or after that date.

Regulations 3 and 5 - Funeral expenses

Regulation 179 of the Repatriation Regulations provides for 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. This regulation also provides a monetary grant towards the funeral expenses of certain dependants of a deceased veteran where those dependants die in indigent circumstances.

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.

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The proposed regulations will increase the monetary grant towards the cost of funeral expenses of eligible veterans and dependants from $500 to $550.

Proposed sub-regulation 6(2) establishes that the increase in the funeral benefit applies in respect of the death of a person that occurs on or after 1 November 1984.

Regulation 4 - Clothing allowance

Clothing allowance is paid as an addition to disability pension. It is granted under regulation 180A of the Repatriation Regulations as an allowance towards the cost of repair or replacement of clothing for veterans suffering from the loss of limbs, or whose clothing suffers exceptional wear and tear or damage from the use of surgical appliances, or from an accepted disability or the treatment of that disability.

Proposed regulation 4 increases the rates specified in regulation 180A as follows:

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Proposed sub-regulations 6(3) and (4) establish the date of effect of the increases in the allowance. The increases in the fortnightly amounts are to have effect from 8 November 1984 and the increase in the annual rate is to apply in respect of any amount payable on or after 8 November 1984.