EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 301
ISSUED BY AUTHORITY OF THE MINISTER OF STATE FOR VETERANS’ AFFAIRS
SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940
SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS (AMENDMENT)
Under section 59 of the Seamen’s War Pensions and Allowances Act 1940, 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 for carrying out or giving effect to the Act.
The proposed regulation will give effect to the Government’s 1982-83 Budget decisions to extend treatment and education benefits to orphans of a deceased Australian mariner who served in a theatre of war, increase the current rate payable in respect of funeral expenses to $500 and increase the rates of Clothing Allowance in line with movements in the Consumer Price Index since the last increase.
Regulations 2 and 3 - Extension of benefits to orphans - Section 17B of the Seamen’s War Pensions and Allowances Act 1940 provides for a pension to be paid in respect of a child of an Australian mariner who, served in a theatre of war, died of causes not due to war service if both parents are deceased, or if the surviving parent, or adoptive parent, or step-parent is not maintaining the child.
The proposed regulations extend to orphans eligible for a pension under section 17B of the Seamen’s War Pensions and Allowances Act benefits under the Regulations, namely, medical treatment and education benefits.
Regulation 4 - Funeral expenses - Regulation 38 of the Seamen’s War Pensions and Allowances Regulations provides a monetary grant towards the funeral expenses of an Australian mariner who has died as a result of a war injury.
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 5 - Clothing Allowance - Regulation 38A of the Seamen’s War Pensions and Allowances Regulations provides for the payment of Clothing Allowance to Australian mariners 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 38A from the first payday in November 1982, namely, 11 November 1982, as follows:
TABLE TO SUB-REGULATION 38A(1)
| PER FORTNIGHT |
One leg and one arm amputated | $ 3.60 to $ 4.00 |
One leg or one arm amputated | $ 1.70 to $ 1.90 |
Both legs or both arms amputated | $ 2.40 to $ 2.60 |
One leg amputated (causing material hip disarticulation) | $ 2.40 to $ 2.60 |
|
|
SUB-REGULATION 38A(2) | PER FORTNIGHT |
Allowance for use of crutch or crutches in addition to any other artificial aid | $ 3.60 to $ 4.00 |
SUB-REGULATION 38A(4) | PER ANNUM |
|
|
Allowance in respect of exceptional wear and tear to clothing | $44.20 to $49.40 |