STATUTORY RULES.

1961. No. 145

REGULATIONS UNDER THE SEAMEN’S WAR PENSIONS AND ALLOWANCES ACT 1940-1961.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Seamen’s War Pensions and Allowances Act 1940-1961.

Dated this eighth day of December, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

(Sgd.) HOBERT OPPERMAN.

Minister of State for Shipping and Transport.

AMENDMENTS OF THE SEAMEN’S WAR PENSIONS AND ALLOWANCES REGULATIONS.†

Commencement.

1. These Regulations shall be deemed to have come into operation on the day on which the Seamen’s War Pensions and Allowances Act 1961 received the Royal Assent.

Parts.

2. Regulation 3 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words—

“Division 5.—Funeral Expenses (Regulation 38).”,

and inserting in their stead the words—

“Division 5.—Funeral Expenses (Regulation 38).

Division 6.—Miscellaneous Benefits (Regulation 38A).”.

Definitions.

3. Regulation 4 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting from the definition of “medical officer” the words “Deputy Commissioner” and inserting in their stead the words “a Deputy Commissioner for Repatriation”.

Sustenance allowance while undergoing medical treatment, &c.

4. Regulation 30 of the Seamen’s War Pensions and Allowances Regulations is amended:—

(a) by inserting in sub-regulation (1.), after the word “Commissioner”, the words “for Repatriation”;

(b) by omitting from sub-regulation (3.) the words “the Deputy Commissioner” and inserting in their stead the words “a Deputy Commissioner for Repatriation”;

* Notified in the Commonwealth Gazette on 14th December, 1961.

† Statutory Rules 1961, No. 105.

8186/61.—PRICE 3D. 9/20.10.1961.

(c) by inserting in sub-regulation (3.), after the words “a Deputy Commissioner”, the words “for Repatriation”; and

(d) by inserting after sub-regulation (3.) the following sub-regulation:—

“(3A.) Where—

(a) an Australian mariner has, with the authority of a Deputy Commissioner for Repatriation, been receiving in-patient treatment at a hospital or institution for an incapacity due to war service; and

(b) upon the discharge of the mariner from the hospital or institution, a medical officer employed in the Repatriation Department certifies, in writing, that the mariner will not be sufficiently recovered to be able to resume his usual occupation until the expiration of a period of convalescence, being a period specified in the certificate,

the mariner shall, for the purposes of the last preceding sub-regulation, be deemed to be continuing to receive that in-patient treatment until the expiration of the period so specified or until the mariner resumes his usual occupation, whichever first occurs.”.

Attendance allowance.

5. Regulation 33 of the Seamen’s War Pensions and Allowances Regulations is amended—

(a) by inserting in sub-regulation (2.), after the word “applies”, the words “, being an employee of another person,”;

(b) by inserting after sub-regulation (2.) the following sub-regulation:—

“(2A.) Where—

(a) an Australian mariner to whom this regulation applies, not being an employee of another person, attends at a place referred to in sub-regulation (1.) of this regulation for a period of less than one day; and

(b) the mariner satisfies a Deputy Commissioner for Repatriation that the mariner—

(i) would, but for his attendance, have been occupied during the whole or a part of that period in earning his living; and

(ii) has, because of not being so occupied, suffered a loss of earnings,

the Deputy Commissioner may, subject to the succeeding provisions of this regulation and to the directions of the Commission, grant to the mariner an allowance at the rate of Five shillings per hour in respect of the period that the Deputy Commissioner is satisfied was the period during which the mariner would, but for his attendance, have been occupied in earning his living.”.

Allowance to certain widows.

6.—(1.) Regulation 37 of the Seamen’s War Pensions and Allowances Regulations is amended by omitting the words “Six pounds” and inserting in their stead the words “Six pounds five shillings”.

(2.) The amendment made by the last preceding sub-regulation applies in relation to an instalment of an allowance falling due on the first pension pay day after the date of commencement of these Regulations and to all subsequent instalments.

7. After Division 5 of Part IV. of the Seamen’s War Pensions and Allowances Regulations the following Division is inserted in Part IV.:—

“Division 6.—Miscellaneous Benefits.

Clothing allowance.

“38A.—(1.) A Deputy Commissioner for Repatriation may grant to an Australian mariner who is in receipt of a pension in respect of a disability described in Column 1 of the following table a clothing allowance at the rate specified, in relation to that disability, in Column 2 of the table:—

“(2.) Where a Deputy Commissioner for Repatriation is satisfied that it is necessary for an Australian mariner to whom a clothing allowance at a rate less than Fifteen shillings per fortnight is payable under the last preceding sub-regulation to use a crutch or crutches in addition to any other artificial aid, the Deputy Commissioner may increase the rate of that allowance to Fifteen shillings per fortnight.

“(3.) Where an Australian mariner is in receipt of a pension in respect of a disability, other than a disability referred to in sub-regulation (1.) of this regulation, that results in exceptional wear and tear or damage to the mariner’s clothing, a Deputy Commissioner for Repatriation may grant to the mariner a clothing allowance of such an amount, or at such a rate, as the Deputy Commissioner determines.

“(4.) The amount payable under the last preceding sub-regulation, whether paid in a lump sum or by instalments, shall not, in any period of twelve months, exceed Nine pounds fifteen shillings.

“(5.) An allowance under sub-regulation (3.) of this regulation may be granted to a person entitled to an allowance in respect of a disability referred to in sub-regulation (1.) of this regulation in addition to the allowance payable under sub-regulation (1.) or (2.) of this regulation.

“(6.) For the purposes of this regulation—

(a) a person who has had a hand amputated shall be deemed to have had an arm amputated; and

(b) a person who has had a foot amputated shall be deemed to have had a leg amputated.”.

By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.