EXPLANATORY STATEMENT
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)
1984 No. 294
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 regulations will give effect to the Government’s Budget decision to increase the rates of Clothing Allowance in line with movements in the Consumer Price Index for the period 1 July 1983 to 30 June 1984. In addition, the proposed regulations also increase the current amount payable in respect of the costs of a funeral from $500 to $550.
Regulation 1 - Funeral expenses
Regulation 38 of the Seamen’s War Pensions and Allowances Regulations provides for the payment of a monetary grant towards the funeral expenses of an Australian mariner who has died as a result of a war injury.
Proposed regulation 1 will increase the monetary grant towards the funeral expenses of an Australian mariner from $500 to $550.
Proposed sub-regulation 3(1) establishes that the increase in the funeral benefit is to apply in respect of the death of an Australian mariner that occurs on or after 1 November 1984.
Regulation 2 - Clothing allowance
Clothing allowance is paid as an addition to disability pension. It is granted under regulation 38A of the Seamen’s War Pensions and Allowances Regulations as an allowance towards the cost of repair or replacement of clothing of Australian mariners suffering from the loss of limbs, or whose clothing suffers exceptional wear and tear or damage from the use of surgical appliances, or from an accepted disability or the treatment of that disability.
Proposed regulation 2 increases the rates specified in regulation 38A as follows:
Table to sub-regulation 38A(1) | Per Fortnight |
One leg and one arm amputated | $4.40 to $4.60 |
One leg or one arm amputated | $2.10 to $2.20 |
Both legs or both arms amputated | $2.90 to $3.00 |
One leg amputated (causing essential hip disarticulation) | $2.90 to $3.00 |
| |
Sub-regulation 38A(2) | Per Fortnight |
Allowance for use of crutch or crutches in addition to any other artificial aid | $4.40 to $4.60 |
Sub-regulation 38A(4) | Per Annum |
Allowance in respect of exceptional wear and tear on clothing | |
$54.60 to $57.20 |
Proposed sub-regulations 3(2) and (3) establish the date of effect of the increases. The increases in the fortnightly amounts are to have effect from 8 November 1984 and the increase in the annual rate is to apply in respect of any amount payable on or after 8 November 1984.
Overview
The Seamen’s War Pensions and Allowances Regulations (Amendment) 1984 No. 294 was enacted under section 59 of the Seamen’s War Pensions and Allowances Act 1940, to address the need for updating allowances and benefits provided to Australian mariners and their families in light of economic changes and inflation. This amendment was proposed by the Minister of State for Veterans’ Affairs to align the financial support with the Consumer Price Index for the period 1 July 1983 to 30 June 1984. The policy objective was to ensure that the financial assistance remains adequate and reflective of the cost of living, particularly in relation to the costs associated with funeral expenses and the ongoing costs of clothing for those suffering from disabilities resulting from their service. The regulations specifically increased the funeral benefit and the rates of clothing allowance to better support affected mariners and their families.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations (Amendment) 1984 No. 294 applies to Australian mariners who have suffered injury or death as a result of their service in a war and their immediate families. The Act, which is administered by the Minister of State for Veterans’ Affairs, provides for the payment of pensions and allowances to eligible persons, including the provision of financial support for funeral expenses and clothing allowances for those affected by war injuries. The Regulations amend the Seamen’s War Pensions and Allowances Regulations to reflect increases in the Consumer Price Index and to adjust the rates of certain allowances. The amendments are applicable to deaths and injuries occurring on or after 1 November 1984 for funeral expenses, and from 8 November 1984 for clothing allowances. These regulations extend the primary Act by detailing specific matters required or permitted under the Act, ensuring that the support provided to eligible persons is kept in line with economic changes. The scope of the Act and its amendments is confined to Commonwealth jurisdiction, applying across Australia to all eligible persons and their families, without exclusions or exemptions as stated in the document.
Key Provisions
The Seamen’s War Pensions and Allowances Regulations (Amendment) 1984 No. 294 introduces changes to the Seamen’s War Pensions and Allowances Act 1940, primarily addressing the increase in the rates of the Clothing Allowance and the monetary grant towards funeral expenses of Australian mariners. Regulation 1, as per the proposed amendment, increases the monetary grant for funeral expenses from $500 to $550 (Regulation 1). This adjustment is effective from the death of an Australian mariner occurring on or after 1 November 1984, as stipulated in sub-regulation 3(1).
Regulation 2 pertains to the Clothing Allowance, which is paid as an addition to the disability pension (Regulation 2). The amendment increases the rates of the Clothing Allowance specified under sub-regulation 38A of the Seamen’s War Pensions and Allowances Regulations. For example, the fortnightly allowance for those with one leg and one arm amputated increases from $4.40 to $4.60, and for those with one leg or one arm amputated, the amount rises from $2.10 to $2.20. These changes are detailed in sub-regulations 3(2) and (3), with the fortnightly increases effective from 8 November 1984 and the annual rate adjustment applying to any amount payable on or after 8 November 1984.
The Act imposes certain obligations on the entities it governs. The Department of Veterans’ Affairs, responsible for administering the Seamen’s War Pensions and Allowances Act, must ensure that the updated rates for Clothing Allowance and funeral expenses are implemented as per the regulations. This includes updating their systems to reflect the new rates and providing the appropriate financial assistance to eligible beneficiaries. Additionally, the department is obligated to communicate these changes to affected parties, ensuring transparency and adherence to the legislative requirements.
Failure to comply with the amended regulations could lead to civil or administrative consequences. For example, if the Department of Veterans’ Affairs does not implement the new rates within the specified timeframes, it may face legal challenges from affected beneficiaries. While the Act does not explicitly outline criminal penalties for non-compliance, the department’s failure to adhere to the regulatory requirements could result in financial penalties or corrective actions imposed by relevant authorities.
The amendments introduced by the Seamen’s War Pensions and Allowances Regulations (Amendment) 1984 No. 294 are intended to provide timely and appropriate financial support to Australian mariners and their families. By increasing the rates of Clothing Allowance and funeral grants, the regulations aim to better reflect the cost of living and the specific needs of the veteran community.