EXPLANATORY STATEMENT
STATUTORY RULES 1985 NO. 280
Minute No. 25 of 1985 - 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 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 carrying out or giving effect to the Act.
These regulations give effect to the Government’s 1985/86 Budget decisions to increase the rate of 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 - Clothing Allowance
Regulation 38A of the Seamen’s War Pensions and Allowances 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 Australian mariners, necessitated by the loss of limbs, or the use of a surgical appliance or because of any accepted disability or the treatment of an accepted disability which causes exceptional wear and tear or damage to clothing.
The regulation has increased the fortnightly rates specified in regulation 38A as follows:
| Old Rate | New Rate |
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One leg and one arm amputated | $ 4.60 | $ 4.90 |
One leg or one arm amputated | $ 2.20 | $ 2.30 |
Both legs or both arms amputated | $ 3.00 | $ 3.20 |
One leg amputated (causing essential hip disarticulation) | $ 3.00 | $ 3.20 |
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Sub-regulation 38A(2) | Old Rate | New Rate |
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Allowance for use of crutch or crutches in addition to any other artificial aid | $4.60 | $4.90 |
Sub-regulation 38A(4) | Per annum |
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Maximum allowance in respect of exceptional wear and tear or damage to clothing for any one year | $57.20 | $59.80 |
Regulation 2 - Application
Sub-regulation 2(1) provides that the increases in the rates of Clothing Allowance apply to fortnightly instalments on or after 7 November 1985.
Sub-regulation 2(2) provides that the increase in the maximum amount payable per year for exceptional wear and tear or damage to clothing applies to all instalments payable on or after 7 November 1985.
AUTHORITY: | Section 59 of the Seamen’s War Pensions and Allowances Act 1940 |
| Cabinet Decision No. 5942 of 13 May 1985 |