Papua New Guinea (Members of the Forces Benefits) Amendment Regulations 2008 (No. )

Schedule 1 Amendments

(regulation 3)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the Papua New Guinea (Members of the Forces Benefits) Regulations 1961.

[2] Subregulation 3 (1), after definition of dependant

insert

indexation day means:

(a) for a rate of pension specified in item 2 of Table A — 1 January; or

(b) in any other case:

(i) 20 March; and

(ii) 20 September.

[3] Subregulation 3 (1), after definition of member

insert

partially incapacitated, for a member, means that the member:

(a) is suffering from an incapacity of a kind for which the Commonwealth is liable under section 5 of the Act; and

(b) is not totally incapacitated.

[4] Regulations 9 and 9A

substitute

9 Rates of pension — general

(1) For subsection 5 (1) of the Act, the fortnightly rate of a pension payable to a person is as follows:

(a) if a pension is payable for a deceased member — the rate specified for the person in Table A of Schedule 1 (indexed in accordance with this Part);

(b) if a pension is payable for a member who is totally incapacitated — the rate specified in Table B of Schedule 1 (indexed in accordance with this Part) (the total incapacity rate);

(i) for a kind of incapacity mentioned in Schedule 2 — the percentage of the total incapacity rate mentioned in Schedule 2 for the kind of incapacity; or

(ii) for another kind of incapacity — the percentage of the total incapacity rate determined by the Minister under subregulation (2).

(2) The Minister may determine a percentage for subparagraph (1) (c) (ii), having regard to:

(a) the nature of the member’s incapacity; and

(b) the duration of the member’s incapacity; and

9A Rate where deceased member had more than 1 wife

(1) This regulation applies if, by recognised custom, a deceased member had, at the time of his death, more than 1 wife.

(2) Each of the wives is taken to be a widow of the member.

(3) The rate of pension payable for each of the widows for a fortnight is the rate specified for a widow in Table A of Schedule 1 (indexed in accordance with this Part), divided by the number of eligible widows for the fortnight, rounded to the nearest multiple of $0.10.

(4) For subregulation (3), the number of eligible widows for a fortnight is the number of wives covered by subregulation (1), less the number of widows (if any) to whom a pension has ceased to be payable under subregulation 13 (1).

9B Rate if instalment period straddles indexation day

(1) This regulation applies if a pension is payable for a person for a period (the instalment period) beginning before an indexation day and ending on or after the indexation day.

(2) The rate of pension payable to the person for the instalment period is:

rounded to the nearest multiple of $0.10, where:

old rate is the rate of pension payable to the person immediately before the indexation day.

daysbefore means the number of days in the instalment period before the indexation day.

daysperiod means the number of days in the instalment period.

new rate is the rate of pension payable to the person on and after the indexation day.

daysafter means the number of days in the instalment period on and after the indexation day.

9C Indexation of pension rates

(1) The rates of pension mentioned in Tables A and B of Schedule 1 are indexed on each indexation day for the rate.

(2) This Part has effect on and after an indexation day as if the indexed rate were substituted for the rate in effect on the day before the indexation day.

(3) For a rate other than the rate specified in item 2 of Table A, the indexed rate is:

old rate × pension MBR factor

rounded up to the next multiple of $0.10, where:

old rate is the rate of pension in effect on the day before the indexation day.

pension MBR factor is the pension MBR factor worked out under subsection 59LA (1) of the Veterans’ Entitlements Act 1986.

(4) For the rate specified in item 2 of Table A, the indexed rate is:

old rate × orphan pension factor

rounded to the nearest multiple of $0.10, where:

old rate is the rate of pension in effect on the day before the indexation day.

orphan pension factor is the factor worked out under subregulations (5) and (6).

(5) Orphan pension factor is worked out using the following formula:

rounded to the nearest multiple of $0.10, where:

current orphan pension rate is the rate of pension under paragraph 30 (2) (a) of the Veterans’ Entitlements Act 1986 applicable on the indexation day.

previous orphan pension rate is the rate of pension under paragraph 30 (2) (a) of the Veterans’ Entitlements Act 1986 applicable on the day before the indexation day.

(6) Orphan pension factor is worked out to 3 decimal places but, if the factor would, if it were worked out to 4 decimal places, end in a number that is greater than 4, the factor is to be increased by 0.001.

9D Rounding up of rates ending in 5 cents

If, before the rounding required by regulation 9A, 9B or 9C (other than subregulation 9C (3)), an indexed rate under any of those regulations would be a multiple of $0.05 but not $0.10, the indexed rate must be rounded up to the nearest multiple of $0.10.

[5] After regulation 20

insert

21 Review of decisions

A person may apply to the Administrative Appeals Tribunal for review of the following decisions by the prescribed authority or Minister:

(a) a decision under subregulation 7 (2) that a person’s claim has been rejected or allowed subject to a condition;

(b) a determination under subregulation 9 (2) of the percentage of the total incapacity rate payable to a member who is partially incapacitated;

(d) a decision under regulation 16 that travelling expenses, or travelling expenses of a particular amount or kind, not be provided to a member or an attendant;

(e) a decision under regulation 17 that a member is not entitled to a gratuity, annuity, allowance or addition to a pension;

(f) a decision under regulation 17 about the amount or rate of a gratuity, annuity, allowance or addition to a pension payable under that regulation;

(g) a decision under regulation 18 that a person is not eligible for the grant of educational and training facilities.

Note A person who makes a reviewable decision must give a person affected by the reviewable decision notice of the person’s review rights — see section 27A of the Administrative Appeals Tribunal Act 1975.

[6] Schedule 1

substitute

Schedule 1 General pension rates

(subregulations 9 (1) and 9A (3))

Table A Pensions payable for a deceased member

Item	Class of persons eligible for pension	Rate of pension payable per fortnight ($)
1	Widow of member	340.10
2	Dependant of member under 16 years of age	67.50
3	Any other dependant of member	4.80

Table B Pensions payable for a member who is totally incapacitated

Item	Class of persons eligible for pension	Rate of pension payable per fortnight ($)
1	Member	572.20