STATUTORY RULES.
1917. No. 269.
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REGULATION UNDER THE DEFENCE ACT 1903-1915.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence Act 1903-1915 to come into operation forthwith.
Dated this tenth day of October, 1917.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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War Financial Regulation.
Regulation 32 of the War Financial Regulations dated 28th February, 1917 (Statutory Rules 1917, No. 49), as amended by Statutory Rule 1917, No. 250, is repealed, and the following Regulation made in lieu thereof. To take effect from 1st September, 1917:—
32(a) Dependants of members of the A.I.F. receiving private’s rate of pay (i.e., 5s. per diem before embarkation and 6s. per diem after embarkation) will be entitled to receive separation allowance on and from 1st September, 1917, for each day for which pay is due, under the following conditions, subject to relative instructions which: have been or may be issued:—
Wives and Legitimate Children (and Step-Children).
1. For a wife living at home, irrespective of any private income now existing or subsequently arising, 1s. 5d. per diem. (“Living at home” is intended to mean living at the home maintained in Australia or New Zealand by the husband for his wife and children irrespective of the locality where it may be necessary for the husband to reside.)
Separation allowance in the case of a wife will not be payable if a legal or mutual deed or agreement of separation exists between the soldier and his wife.
2. For each child under 16 years of age, 4½d. per diem.
Other Dependants.
3. For a mother dependent, or partly dependent, on her soldier son at time of enlistment, 1s. 5d. per diem.
4. For a mother who is not, at the time of her son’s enlistment, solely, or partly dependent, but who can show that the son would, at a given period after enlistment, have contributed to her support, 1s. 5d. per diem from such period.
C.13699.—Price 3d.
5. For a mother who, as a result of change of financial circumstances, has, subsequent to her soldier son’s enlistment, become dependent or partly dependent, 1s. 5d. per diem from the date of such change.
6. For an invalid father who is a widower and is dependent upon the soldier for support, 1s. 5d. per diem.
7. For a daughter of a soldier who is keeping house for her father who is a widower, 1s. 5d. per diem.
8. For a soldier’s sister who is a widow and who is solely dependent upon the soldier for support, 1s. 5d. per diem.
9. For each brother and sister under the age of 16 years who is solely dependent upon the soldier for support, 4½d. per diem.
10. For each child, under 16 years of age, of a soldier’s sister who is a widow and of which child the soldier is the sole support, 4½d. per diem.
11. For each child under the age of 16 years, of a soldier who, after a legal or mutual separation has been entered into, continues to maintain such child by allotting portion of his military pay for such purpose, 4½d. per diem.
12. For each adopted child under the age of 16 years of a soldier, provided the, District Paymaster concerned satisfies himself by sight of deed of adoption or other actual proof of adoption, 4½d. per diem.
13. For a woman who stands in the same relationship as a wife to the soldier concerned, provided that the woman has been entirely dependent upon the soldier for her maintenance and would otherwise be destitute. In such cases proof will be required that the soldier was living with the woman to whom payment is to be made on a bonâ fide permanent domestic basis, 1s. 5d. per diem.
14. For each child under the age of 16 years, of a soldier and his unmarried wife when in charge of its mother, 4½d. per diem.
Separation allowance will not be paid in respect of a child of such a woman of whom the soldier is not the father.
15. Separation allowance at the rate prescribed for the dependant concerned may be paid in cases in which an Officer of a Court has been made for maintenance, and also in any other case upon the approval of the Minister.
Separation allowance will not be paid in respect of illegitimate children except as provided in 14.
16. For a mother of, a soldier whose father is alive and in work, provided the soldier has allotted to her at least two-fifths of his pay, and provided that such allotment is less than the amount contributed by the soldier in support of the mother’s home prior to enlistment, such an amount, not exceeding 1s. 5d. per diem, as will, when added to the allotment, equal the amount so contributed by the soldier in support of the home prior to enlistment.
“The amount contributed by the soldier in support of the home” means the amount actually paid by him less (in cases where the soldier was living at his mother’s home prior to enlistment) 15s. per week.
(b) In the case of a soldier in receipt of a rate of pay higher than that of a private, separation allowance will be payable at the above rates, provided the total amount of separation allowance, added to the pay (including, after embarkation, deferred pay) due to the soldier does not exceed 10s. per diem. Provided, further, that if pay as a private (i.e., 5s. per diem before embarkation and 6s. per diem after embarkation) together with separation allowance would give a higher rate of pay than that to which his rank entitles him, separation allowance equal to the difference in such rates will be payable.
(c) If any member of the A.I.F. on whose account separation allowance is being paid, is promoted or appointed to a rank carrying a higher rate of pay than that to which he has been previously entitled, and if in consequence of such higher rate being payable to him, separation allowance is not issuable to his dependants or is issuable at a reduced rate, the member shall increase his allotment in favour of his dependants, as from the date of his promotion or appointment, by at least the amount of the reduction of separation allowance.
(d) If on account of making the increased allotment required in clause (c) the member’s net daily rate of pay would be reduced below 1s., the rate of pay held deferred may be reduced to an extent sufficient to maintain the net daily rate of pay at 1s. In no case shall the rate of pay held deferred be reduced below 1s. per day.
(e) Separation allowance will be continued whilst a soldier is under forfeiture incurred during service abroad, and any issue so made will not be a charge against the soldier’s pay.
(f) No separation allowance will be payable in respect of a dependant who is not resident in Australia or New Zealand.
(g) Payment of separation allowance is subject in all cases to the condition that the prescribed allotment has been made by the soldier in favour of the person to whom the separation allowance is to be paid.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.