Repatriation Regulations (Amendment)

EXPLANATORY STATEMENT

STATUTORY RULES 1985 NO. 279

Minute No. 24 of 1985 - Minister for Veterans’ Affairs

Subject - Repatriation Act 1920

Repatriation Regulations (Amendment)

Under section 124 of the Repatriation Act 1920 (the Act), 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.

These regulations give effect to the Government’s 1985/86 Budget decision to increase the rates of Recreation Transport Allowance and Clothing Allowance in line with the 6.7% increase in the Consumer Price Index for the period 1 July 1984 to 30 June 1985.

Details of the regulations are as follows.

Regulation 1 - Interpretation

Regulation 1 provides that the Repatriation Regulations are referred to as the Principal Regulations in these Regulations.

Regulation 2 - Severely incapacitated members

Regulation 104A of the Principal Regulations provides for the payment of an allowance to a member of the Forces who is severely incapacitated by his service related disabilities. The allowance, known as Recreation Transport Allowance, is to offset the cost of travel for recreational purposes and is payable at two rates. The higher rate is payable to a member who has had both legs amputated above the knee and to a Special (T&PI) Rate pensioner whose powers of locomotion are negligible. The lower rate is payable to a member who has had two limbs amputated, or who is blinded, or who has a like disability.

This regulation has increased the rate of the allowance by $4.20 per month, from $61.40 to $65.60 for the higher rate and by $2.10 per month from $30.70 to $32.80 for the lower rate.

Regulation 3 - Clothing Allowance

Regulation 180A of the Principal Regulations provides for the payment, as an addition to a disability pension, of a Clothing Allowance towards the cost of repair or replacement of clothing for members, necessitated by loss of limbs, or the use of a surgical appliance or because of any accepted disability or the treatment of an accepted disability which results in exceptional wear and tear or damage to clothing.

This regulation has increased the rates specified in regulation 180A as follows:

Regulation 4 - Application

Sub-regulation 4(1) provides that the increases in the rate of Recreation Transport Allowance apply to instalments on and after 1 November 1985.

Sub-regulation 4(2) provides that the increases in fortnightly instalments of Clothing Allowance apply in respect of allowances payable on or after 7 November 1985.

Sub-regulation 4(3) provides that the increase in the maximum amount payable per year for essential wear and tear or damage to clothing applies to amounts payable on or after 7 November 1985.