EXPLANATORY STATEMENT
1986 No 315
Minute No. 19 of 1986 - Minister for Veterans’ Affairs
Subject - 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 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.
The amendments to the Seamen’s War Pensions and Allowances Regulations give effect to the Government’s 1986/87 Budget decision to increase certain allownces payable under the Act and provide for a minor amendment to regulation 4.
Details of the regulations are as follows
Regulation 1 - Interpretation
Regulation 1 moves the definition of “funeral benefit” in regulation 4 of the Seamen’s War Pensions and Allowances Regulations to its proper alphabetical position.
Regulation 2 - Clothing allowance
Regulation 38A of the Seamen’s War Pensions and Allowances Regulations provides for the payment of an amount known as clothing allowance to eligible Australian mariners being paid pension in respect of specified disabilities.
Regulation 2 amends regulation 38A to increase the rates of clothing allowance payable to eligible Australian mariners being paid pension in respect of specified disabilities.
Paragraph 2(a) amends the table in sub-regulation 38A(1) of the Seamen’s War Pensions and Allowances Regulations and provides for the following increases in the rates of clothing allowance -
Item 1 | - the allowance is increased from $4.90 to $5.30 per fortnight; |
Items 2 and 3 | - the allowance is increased from $3.20 to $3.50 per fortnight; and |
Items 4 and 5 | - the allowance is increased from $2.30 to $2.50 per fortnight. |
Paragraph 2(b) amends sub-section 38A(2) to increase the rate of clothing allowance payable where the use of a crutch or crutches is necessary in relation to disabilities specified in items 2, 3 and 4 in the table in sub-sect ion 38A(1). The rate payable is increased from $4.90 to $5.30 per fortnight.
Paragraph 2(c) amends sub-section 38A(4) to increase the maximum amount of clothing allowance payable in any period of twelve months from $59.80 to $65.
Regulation 3 - Application
Regulation 3 provides that the amendments to the Seamen’s War Pensions and Allowances Regulations, provided for in paragraphs 2(a) and (b) apply in respect of instalments of clothing allowance payable after 17 December 1986. The regulation also provides that amendments provided for in paragraph 2(c) apply to payments of clothing allowance after 17 December 1986.
AUTHORITY: | Section 59 of the Seamen’s War Pensions and Allowances Act 1940 |
Overview
The Seamen’s War Pensions and Allowances Regulations (Amendment) 1986, introduced pursuant to the Seamen’s War Pensions and Allowances Act 1940, were enacted to address the need for updating the allowances provided to eligible Australian mariners under the Act. The 1986/87 Budget decision prompted these amendments, aimed at increasing the rates of clothing allowance to better reflect the current economic conditions and needs of the beneficiaries. The regulation was authorised under section 59 of the Seamen’s War Pensions and Allowances Act 1940, which allows the Governor-General to make regulations necessary for the effective implementation of the Act. The policy objective behind these amendments was to ensure that the financial support provided to disabled Australian mariners remains adequate and relevant, thereby acknowledging their service and sacrifice.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations (Amendment) 1986, made under section 59 of the Seamen’s War Pensions and Allowances Act 1940, applies to eligible Australian mariners who are receiving pensions in respect of specified disabilities. These regulations are intended to give effect to the 1986/87 Budget decision to increase certain allowances, specifically the clothing allowance, for these individuals. The amendments adjust the rates of clothing allowance, increasing them from $4.90 to $5.30 per fortnight for the first item, from $3.20 to $3.50 per fortnight for the second and third items, and from $2.30 to $2.50 per fortnight for the fourth and fifth items. Additionally, the maximum amount of clothing allowance payable in any period of twelve months is increased from $59.80 to $65. The changes apply to instalments of clothing allowance paid after 17 December 1986, ensuring that affected individuals receive the increased rates promptly. These regulations are a Commonwealth instrument, extending their application across Australia to eligible pensioners, without specified exclusions or exemptions beyond those inherently defined by the Act itself.
Key Provisions
The Seamen’s War Pensions and Allowances Regulations (Amendment) of 1986 primarily focus on adjusting the rates of clothing allowance payable to eligible Australian mariners under the Seamen’s War Pensions and Allowances Act 1940. Regulation 2, in particular, outlines the new rates for the clothing allowance. The allowance rates for eligible pensioners are increased from $4.90 to $5.30 per fortnight for the first item, from $3.20 to $3.50 for items two and three, and from $2.30 to $2.50 for items four and five (Regulation 2(a)). Additionally, the rate for pensioners needing crutches due to disabilities specified in items two, three, and four is increased from $4.90 to $5.30 per fortnight (Regulation 2(b)). The maximum amount of clothing allowance payable in any twelve-month period is also raised from $59.80 to $65 (Regulation 2(c)).
The amended regulations impose specific obligations on the Department of Veterans' Affairs and eligible pensioners. The Department must now process and disburse the increased rates of clothing allowance as per the new rates set out in Regulation 2. Eligible pensioners, in turn, must ensure they meet the criteria for the increased rates and report any changes in their circumstances that might affect their eligibility or the amount of allowance they receive. The regulation stipulates that the new rates apply to instalments of clothing allowance payable after 17 December 1986 (Regulation 3).
The amendments to the Seamen’s War Pensions and Allowances Regulations do not introduce new offences or penalties. However, failure to comply with the new rates and conditions set out in the regulations may result in incorrect payments being made, which could lead to administrative reviews or investigations by the Department of Veterans' Affairs. While there are no specific penalties outlined in the amendments, any discrepancies could potentially lead to recovery of overpaid amounts and possible administrative consequences for the affected parties.