EXPLANATORY STATEMENT
Statutory Rules No 389 of 1987
Seamen’s War Pensions and Allowances Act 1940
Seamen’s War Pensions and Allowances Regulations (Amendment)
Issued by the authority of the Minister for Veterans’ Affairs
Section 59 of the Seamen’s War Pensions and Allowances Act 1940 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted by the Act to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to the Act.
The Statutory Rules give effect to the Government’s 1989 Budget decision to increase the rates of Clothing Allowance payable under the regulations. Clothing Allowance has been increased in line with CPI increases each year in order to maintain its real value. Minor benefits, including Clothing Allowance, are provided to the most severely incapacitated veterans and this increase to the Allowance maintains the present level of support to those most severely affected as a result of war service.
Details of the regulations are set out in the Attachment.
Details of the Amending Regulations to the Seamen’s War
Pensions and Allowances Regulations
Regulation 1 - Clothing Allowance
Regulation 38A provides for the payment of an allowance, called Clothing Allowance, to an Australian mariner whose specified disabilities cause excessive wear and tear on clothing.
Subregulation 1(a) amends the table in regulation 38A(1) to provide for the following increases in the rates of Clothing Allowance -
Item 1 | from $6.20 to $6.70 per fortnight; |
Items 2 and 3 | from $4.00 to $4.30 per per fortnight; and |
Items 4 and 5 | from $2.90 to $3.10 per fortnight. |
Subregulation 1(b) amends subregulation 38A(2) to increase, from $6.20 to $6.70 per fortnight, the rate of Clothing Allowance payable where the use of a crutch or crutches is necessitated by disabilities specified in items 2, 3 and 4 of the table in subregulation 38A(1).
Subregulation 1(c) amends subregulation 38A(4) to increase the maximum amount of Clothing Allowance payable in any period of 12 months from $75.40 to $80.60.
Regulation 2 - Application
Regulation 2 specifies the circumstances to which the amendments made by Regulation 1 will apply.
Subregulation 2(1) provides that the increased rates of Clothing Allowance under paragraphs 1(a) and (b) apply to instalments falling due after 15 November 1989.
Subregulation 2(2) provides that the increase made by paragraph 1(c) in the maximum amount of Clothing Allowance payable under subregulation 38A(4) applies to amounts payable after 15 November 1989.