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 |
Overview
The Seamen’s War Pensions and Allowances Regulations (Amendment) 1985, enacted under the Seamen’s War Pensions and Allowances Act 1940, address the need to adjust the rates of the Clothing Allowance for Australian mariners in line with inflation. These amendments were introduced to reflect the 6.7% increase in the Consumer Price Index for the period from 1 July 1984 to 30 June 1985, as decided by the Government in the 1985/86 Budget. The regulations were made by the Governor-General in accordance with section 59 of the Act, which empowers the making of regulations necessary or convenient for carrying out the Act. This amendment aims to ensure that the financial support provided to seamen through the Clothing Allowance keeps pace with economic changes, thereby maintaining its adequacy and effectiveness in meeting the needs of beneficiaries.
Scope and Application
The Seamen’s War Pensions and Allowances Regulations (Amendment) Statutory Rules 1985 No. 280, Minute No. 25 of 1985, issued under the authority of section 59 of the Seamen’s War Pensions and Allowances Act 1940, apply to Australian mariners who are recipients of disability pensions under the Act. The regulations primarily address the adjustment of the Clothing Allowance rates to align with the 6.7% increase in the Consumer Price Index for the period 1 July 1984 to 30 June 1985. These amendments affect the fortnightly rates and the maximum annual amount payable for exceptional wear and tear or damage to clothing, with the changes taking effect from 7 November 1985. This amendment does not alter the scope of who is eligible for the Clothing Allowance but ensures that the financial support provided to affected seamen remains commensurate with inflation and the associated increase in living costs.
Key Provisions
The Seamen's War Pensions and Allowances Regulations (Amendment) Statutory Rules 1985 No. 280, Minute No. 25 of 1985, provide specific amendments to the Seamen's War Pensions and Allowances Regulations concerning the Clothing Allowance for Australian mariners. The key operative sections are Regulation 1 and Regulation 2. Regulation 1 addresses the amendment of the Clothing Allowance rates in line with the 6.7% increase in the Consumer Price Index for the period from 1 July 1984 to 30 June 1985. The new rates are designed to reflect the updated costs of living and are intended to compensate mariners for the additional expenses related to the repair or replacement of clothing due to various disabilities or the use of artificial aids. Regulation 2 specifies that these increased rates will apply to fortnightly instalments on or after 7 November 1985, as well as to the maximum annual amount payable for exceptional wear and tear or damage to clothing for any one year.
The regulations impose clear obligations on the Department of Veterans’ Affairs and other relevant entities to implement the new rates for Clothing Allowance. This includes updating their systems and procedures to ensure that eligible mariners receive the correct amounts from the specified date. The amendments also require that all claims and payments for Clothing Allowance be processed in accordance with the new rates, ensuring that the financial support provided to affected mariners accurately reflects the current economic conditions. Additionally, these regulations necessitate that all relevant documentation, such as application forms and informational materials, be revised to reflect the updated allowance rates, thereby ensuring transparency and clarity for applicants.
Failure to comply with the provisions outlined in these regulations may result in various consequences, although the specific legal repercussions are not detailed in the text. However, it is reasonable to infer that non-compliance could potentially lead to civil or administrative penalties, especially if it results in mariners not receiving the benefits to which they are entitled. The precise nature and severity of these penalties would likely be determined by the relevant administrative or judicial bodies interpreting the statutory framework and the specific circumstances of the breach.