Division 2.—Conditions governing Advances and Assistance.
Part IV.—Medical Treatment and Sustenance. (Regulations 64–74.)
Part V.—Employment and Sustenance Allowance. (Regulations 75–79.)
Part VI.—Furniture, Equipment and Businesses. (Regulations 80–84.)
Part VII.—Education and Training of Children. (Regulations 85–93.)
Part VIII.—Transportation. (Regulations 94–104.)
Part IX.—Securities. (Regulations 105–162.)
Division 1.—General.
Division 2.—Pergonal Securities.
Division 3.—Mortgage of Chattels.
Division 4.—Mortgage of Land.
Division 5.—Hire Purchase Agreements.
Division 6.—Register of Securities.
Part X.—Local Committees. (Regulations 163–173.)
Part XI.—Miscellaneous. (Regulations 174–192.)
Part XII.—Extension of Application of Regulations to Members (1914–1918 War), Women Members and South African Veterans. (Regulations 193–197.)
In these Regulations, unless the contrary intention appears—
“active service” has the same meaning as in section 100 of the Act;
“applicant” means a person applying for assistance or benefits under these Regulations;
“approved form” means a form approved by the Commission;
“blinded member” means a member whose blindness is due to war service and includes a member whose eyesight is, in the opinion of the Commission, so defective, due to war service, that he has no useful sight;
“child” means the child of a member who is under the age of sixteen years and who is—
(a) a son or daughter born to the member of a marriage which took place before or during his service, or within fifteen years after his discharge from the Forces or the termination of the war, whichever first happens;
(b) a step-son, step-daughter or adopted child of the member (not being, in the case of an adopted child, an ex-nuptial child of the member), who became dependent on the member before or during his service, or within seven years after his discharge from the Forces or the termination of the war, whichever first happens; or
(c) the ex-nuptial child of the member who was born before, or within nine months after, his death or discharge from the Forces or the termination of the war, whichever first happens;
“claim” means a claim for a war pension, or an application for a service pension in accordance with the Act, or with any Act repealed by the Act;
“claimant” means a person who has made a claim for a war pension for himself or on behalf of a person under the age of sixteen years or of a person of unsound mind;
“deceased member” means a member whose death was due to war service;
“deceased unmarried member” means a deceased member who was not, at any time during his life, married;
“Departmental Medical Officer” means a medical officer of the Department, other than a Local Medical Officer, appointed under the Act;
“dependant” means any dependant of a member who is included in the classes of persons, other than members, specified in paragraphs (b)to (f) of section 124 of the Act;
“Deputy Commissioner” means a Deputy Commissioner of Repatriation appointed under the Act and, in relation to any State, means the Deputy Commissioner of that State;
“discharge” means discharge from the Defence Force of the Commonwealth, and includes termination of appointment;
“due to war service” means, in relation to the incapacity or death of a member, that the incapacity or death of the member has occurred in such circumstances that there is a liability under the Act to pay war pension, in respect of the incapacity or death, to a claimant, or that there would be a liability, if the claimant were not rendered ineligible for war pension by virtue of a provision of the Act, having effect irrespective of the circumstances of the incapacity or death, as the case may be;
“Education Board” means a Soldiers’ Children Education Board established under Part VII. of these Regulations;
“enlisted” means began the service referred to in the definition of “enlistment”;
“enlistment” means the beginning of a member’s service during the war and, in relation, to a member who was serving in the Defence Force at the date of the commencement of the war, means the beginning of his war service on that date;
“incapacitated” means, in relation to a member, that he is suffering from an incapacity due to war service;
“incapacity” means, in relation to a member, any degree of physical or mental disablement;
“living wage” or “minimum wage” means, in relation to an industry, trade or calling in any particular part of the Commonwealth, the minimum rate judicially fixed for that industry, trade or calling in that part of the Commonwealth by an industrial award of a Commonwealth Industrial Tribunal, or, in the event of there being no such award, at least the minimum judicially fixed by an industrial award of a State Industrial Tribunal, or if a minimum has not been so fixed, then such minimum rate as is generally recognized for the particular locality;
“Local Committee” means a Local Committee appointed under the Act;
“Local Medical Officer” means a medical officer appointed under the Act for an area;
“member” means a male person who—
(a) is or has been, during the war which commenced on the third day of September, 1939, a member of the Naval, Military or Air Forces of the Commonwealth enlisted for or employed on active service outside Australia and the Territories of the Commonwealth;
(b) is or has been, during that war, a member of the Permanent Military Forces of the Commonwealth enlisted for service only within Australia or the Territories of the Commonwealth;
(c) is or has been, during that war, a member of the Citizen Forces enlisted during the war for continuous service for the duration of and directly in connexion with that war; or
(d) is or has been, during that war, a member of the Naval, Military or Air Forces of any part of the King’s dominions, other than the Commonwealth, and is serving or has served on active service outside that part of the King’s dominions, or in a theatre of war, on proof to the satisfaction of the Commission that he was resident in Australia or in the Territories of the Commonwealth within the period of twelve months prior to his enlistment for service;
“pensioner” means a person to whom a pension has been granted under the Act, or under any Act repealed by the Act, and to, or for the benefit of, whom the pension is being paid;
“Registrar” means a Registrar of War Pensions appointed under the Act;
“Special Magistrate” means a Special Magistrate appointed under section 25 of the Act;
“the Act” means the Australian Soldiers’ Repatriation Act 1920, as amended for the time being;
“the Department” means the Department of Repatriation;
“the war” means the war which commenced on the third day of September, 1939;
“totally and permanently incapacitated” means, in relation to a member, that he has been accepted pursuant to section 35 of the Act and the Second Schedule to the Act, as incapacitated for life to such an extent as to be precluded from earning other than a negligible percentage of a living-wage;
“trustee” means a trustee appointed under these Regulations;
“war pension” means a pension other than a service pension;
“widow” means the widow of a deceased member who was married to him before or during his service, or within fifteen years after his discharge or the termination of the war, whichever first happens, and includes a person who is eligible for a war pension under section 12 of the Act, in respect of the death of the member;
“widowed mother” means a widowed mother of—
(a) a deceased unmarried member; or
(b) a deceased unmarried member who was born out of wedlock and brought up by her,
who became a widow prior to or within three years after the death of the member, and includes an unmarried mother of a deceased unmarried member who was brought up by her;
“widowed step-mother” means a widowed step-mother of a deceased unmarried member who became a widow prior to or within three years after the death of the member;
“wife” means the wife of a member who was married to him before or during his service, or within fifteen years after his discharge or the termination of the war, whichever first happens, and includes a person who, at the time of enlistment of the member, was dependent upon him and was recognized as his wife, although, on account of a legal impediment, not legally married to him, and has since continued to be so dependent and so recognized.
(2.) Any reference in these Regulations to a form by letter or by letter and number shall be read as a reference to the form so lettered or lettered and numbered, as the case may be, in the Schedule to these Regulations.
Part II.—Pensions.
Division 1.—Claims for and Payment of Pensions.
In this Part, unless the contrary intention appears—
“child” means a person within the meaning of the definition of “Child” in section 23 of the Act or within the meaning of the definition of “Child” in section 83 of the Act, or a child of a member specified in sub-paragraph (iii) of
paragraph (b) of sub-section (2.) of section 99 or sub-paragraph (ii) of paragraph (b) of sub-section (2.) of section 104 of the Act;
“dependant” means a person within the meaning of the definition of “Dependants”. in section 23 of the Act, or within the meaning of the definition of “Child” or “Wife” in section 83 of the Act, or a dependant specified in paragraph (b) of sub-section (2.) of section 99 or paragraph (b) of sub-section (2.) of section 104 of the Act, and includes a person to whom a pension is payable under sub-section (3.) of section 37 or under section 46 of the Act, or under those provisions as extended by section 99 or section 104 of the Act, or under section 42 of the Act;
“member” means a person within the meaning of the definition of “Member of the Forces” or “Returned Soldier” in section 23 of the Act or the definition of “member of the Forces” in section 99 or 104 of the Act;
“postmaster” includes a postmistress or person in charge of a post office;
“other officer” means an officer of the Postmaster-General’s Department authorized by the proper departmental authority to pay instalments of pension.
Exercise of powers of Registrar of War Pensions by Registrars of Pensions.
All the powers, duties and functions conferred or imposed by these Regulations upon a Registrar of War Pensions may be exercised or performed by any person for the time being holding the office of Registrar of Pensions under the Invalid and Old-age Pensions Act 1908–1943 as effectually, for the purposes of these Regulations, as if that person had been appointed to be a Registrar of War Pensions.
Power to administer oaths.
Any person for the time being holding the office of Registrar of War Pensions and any person entitled under the last preceding regulation to exercise or perform the powers, duties and functions of a Registrar of War Pensions shall have power to administer oaths for the purposes of the Act and these Regulations.
Power to appoint trustees.
9.—(1.) A Deputy Commissioner may—
(a) where a pensioner is under the age of sixteen years;
(b) where a pensioner is of unsound mind;
(c) where a pensioner consents to the payment of his pension to some other person; or
(d) in such other cases as he thinks fit,
appoint a person to be the trustee of the pensioner, or assume the trusteeship himself.
(2.) The pension may be paid to the trustee, and the trustee may collect and disburse the pension for the benefit of the pensioner or of any member of the family of the pensioner, subject to the directions of the Commission or the Deputy Commissioner.
Claim by incapacitated member.
A member who claims a pension under Part III. of the Act for himself, or for himself and any dependant, being his wife or child, shall lodge a claim in accordance with the approved form.
Provided that a Deputy Commissioner may deem any claim made in writing, prior to the lodging of a claim in accordance with the
approved form by a member or by any person or organization on his behalf (including any claim that he suffers incapacity due to war service), to be a claim for pension for the member and for any dependant, being a wife or child of the member, whom he mentions in his claim subsequently lodged in accordance with the approved form.
Claims by or on behalf of dependants.
Every person who claims a pension under Part III. of the Act on the ground that he is or was a dependant of the member shall lodge a claim in accordance with the approved form:
Provided that a claim on behalf of the wife or any child of a member may be included in the claim of the member:
Provided further that a Deputy Commissioner may deem any claim made in writing prior to the lodging of a claim in accordance with the approved form by the wife or widow of a member, or by any person or organization on her behalf (including a claim that the member suffers incapacity due to war service or that his death was due to war service) to be a claim for pension for the wife or widow and for any of her children for whom she lodges a claim in accordance with the approved form.
Declarations by claimants.
12.—(1.) Where the form of any claim, or any other document relating to a claim for, or a review of, pension includes a declaration as to the correctness of the information set forth in the claim or document, the declaration may be made before a Special Magistrate, a Registrar, an officer of the Department, a postmaster or postmistress or person in charge of a post office, a police, stipendiary or special magistrate of the Commonwealth or of a State or of a Territory of the Commonwealth, a Justice of the Peace, a barrister or solicitor, a State school head-teacher, an officer of the Department of Trade and Customs, a member of the Police Force of the Commonwealth or of a State or of a Territory of the Commonwealth, a legally qualified medical practitioner, a Notary Public, a Commissioner for Affidavits, a Commissioner for Declarations, a Registrar under the Invalid and Old-age Pensions Act 1908–1943, a Minister of Religion, a member of the Parliament of the Commonwealth, a commissioned officer of the Defence Force, the Secretary of the Federal Executive of the Returned Sailors’, Soldiers’ and Airmen’s Imperial League of Australia or the Secretary of any branch or sub-branch of that League.
(2.) Where a claim is made on behalf of a person under the age of sixteen years, the declaration may be made by any person over the age of sixteen years who has a knowledge of the information set forth in the claim.
Action on receipt of claims.
13.—(1.) Upon receipt of a claim by a Registrar, he shall note on the claim the date of its receipt by him and forthwith forward the claim to the Deputy Commissioner.
(2.) Upon receipt of a claim by a Deputy Commissioner, he shall note on the claim the date of its receipt by him and indicate whether he received the claim from the claimant or from a Registrar.
Investigation of claims and reviews.
A Deputy Commissioner—
(a) upon receipt of any claim; or
(b) whenever it is necessary or expedient to review a grant of pension,
shall arrange for the claim or the case, as the case may be, to be investigated by a Registrar, a Special Magistrate, or an officer of the Repatriation Department, who shall ascertain from the claimant, pensioner or any other person, such information as may be necessary to enable the Commission or a Board to determine such of the questions specified in section 27 of the Act as have a bearing on the claim or case, and shall forward the claim or case, together with a written record of the information so obtained, to the Deputy Commissioner.
Issue of pension certificate and identification card.
Where a pension is to be paid in fortnightly instalments, the Deputy Commissioner shall forward to the postmaster or other officer who has to pay the instalments, a pension certificate and identification card, each in the approved form, and the postmaster or other officer shall retain the identification card and deliver the certificate to the pensioner or trustee, as the case may be:
Provided that, in the case of a pensioner or trustee not residing in Australia or in such other cases as the Commission thinks fit, the Commission may make such arrangements for the payment of instalments as it deems practicable.
Possession of identification card authority to pay instalments.
16.—(1.) Subject to these Regulations, the possession by a postmaster or other officer of an identification card shall be sufficient authority for the payment by him of the instalments of pension described therein to the pensioner or trustee, or the holder of an order under regulation 20 of these Regulations, as the case may be, on the production of the pension certificate by the pensioner, trustee or holder.
(2.) The postmaster or other officer shall not make a payment of any such instalment until he has made a note in relation to the payment on the pension certificate.
(3.) The Commission may give any instruction to the postmaster or other officer to withhold the payment of any instalment or concerning the method of payment and accounting, and the postmaster or other officer shall comply with any such instruction accordingly.
Pension fortnights.
17. The fortnights in respect of which instalments of pension are payable shall commence on a Thursday and end on a Wednesday.
Due date of instalments.
The due date of each instalment shall be the first day of the fortnight for which the instalment is payable, unless the Commission considers that the circumstances otherwise require and directs that payment be made on some other day.
Receipt by pensioner or trustee.
19.—(1.) Where the pensioner or trustee applies personally for a payment by instalment of pension, he shall give a receipt for each instalment in accordance with the approved form.
(2.) The postmaster or other officer may refuse to pay any instalment of pension, if he is not satisfied that the person presenting the receipt is the pensioner or trustee, as the case may be.
Payment to other person.
Payment may be made to a person other than the pensioner or trustee, if that person is the holder of an order, in the approved form, from the pensioner or trustee and makes a declaration that he is not receiving the whole or any portion of the instalment on his own behalf or on behalf of any other person or any firm, business or partnership in
repayment of any advance or loan to the pensioner, or by way of, or in consequence of, any sale, assignment, charge, execution or insolvency, or in payment of any debt, whether due or about to become due from the pensioner.
Payment of instalment to female dependant.
21. Subject to regulation 23 of these Regulations, a postmaster or other officer shall not pay any instalment of a pension to any single or widowed female dependant of a member unless, at the time of making the payment, there is presented to the postmaster or other officer a declaration, in the approved form, by the female dependant or, where a trustee has been appointed to receive payments on her behalf, by that trustee, that, on the due date of the instalment, the female dependant had not married or re-married.
Payment of instalment to trustee.
Subject to regulation 23 of these Regulations, a postmaster or other officer shall not pay any instalment of a pension payable to a trustee unless there is presented to the postmaster or other officer, at the time of making the payment, a declaration by the trustee, in the approved form, that the person on whose behalf the pension is payable is alive.
Special provisions as to declarations.
Where the Commission is of opinion that it would be impracticable or seriously inconvenient to obtain the declarations required by the last two preceding regulations on each and every occasion when an instalment is being paid, the Commission may approve of the declarations being obtained at such intervals, not exceeding three years, as it determines:
Provided that the Commission may, in special circumstances, dispense with the declaration required by regulation 22 of these Regulations for such longer periods as it considers reasonable in the circumstances.
Payment of undrawn instalment of pension of deceased pensioner.
An undrawn instalment of a pension due at the date of a pensioner’s decease, if applied for within six months after the decease, may be paid to such person as, in the opinion of the Deputy Commissioner, has a legal or equitable claim thereto:
Provided that the Deputy Commissioner shall not authorize payment to any person who is not a legal representative of the deceased until the Deputy Commissioner has satisfied himself that application will not be made for probate of will or letters of administration.
Death of pensioner.
25.—(1.) Whenever the death of any person is reported to any officer of the Commonwealth or a State or a Territory of the Commonwealth who is charged with the duty of registering deaths, he may inquire whether the deceased was a pensioner under the Act, and the person reporting the death shall, to the best of his knowledge, state whether the deceased was such a pensioner or not.
(2.) If the deceased was a pensioner, the officer may notify the Deputy Commissioner of this fact and of the death.
Notification of marriage, &c., by female dependant.
A female dependant to whom a pension is payable—
(a) who marries;
(b) who obtains a decree nisi in divorce; or
(c) against whom a decree nisi in divorce is obtained,
shall forthwith send a written notification of the fact to the Deputy Commissioner.
Advances not to be made on security of pension.
27.—(1.) A person shall not advance money or goods, or offer or promise to advance money or goods, to a pensioner or to any person on his behalf on the security (whether sole or collateral) of his pension or of any instalment thereof, and a person shall not purport to accept any transfer or assignment of, or to create any charge on, any such pension or instalment.
(2.) A pensioner shall not obtain an advance of money or goods upon the security of his pension, or any instalment thereof, and a pensioner shall not purport to transfer or assign or create any charge on his pension or any instalment thereof.
Statement by service pensioner.
A statement under section 97 of the Act relating to the income and accumulated property of a service pensioner shall be in accordance with Form S.P.3.
Rate of allotment in respect of members of the Naval Forces.
In the absence of any law relating to the Naval Forces prescribing the standard rate of allotment to be made by an officer or a member other than an officer of those Forces, the rate for the purposes of the second paragraph of the footnote to the First Schedule of the Act shall, in respect of a member of those Forces, be the same as the standard rate for the time being prescribed by the War Financial (Military Forces) Regulations in respect of an officer or a member other than an officer, as the case may be, of the Military Forces.
Allowances included in rate of pay.
The rate of pay of the member, as defined by section 23 of the Act, shall include the following allowances:—
(a) In the case of a member of the Naval Forces— any allowance paid to a member who has been awarded a medal or a badge or in respect of his special qualifications;
(b) In the case of a member of the Air Force—Crew pay—
(i) at the rate of 2s. 6d. per day paid to—
(1) a wireless air observer; or
(2) any airman borne against the establishment of an aircraft crew in an operational unit; or
(ii) at the rate of 2s. per day paid to any airman borne on the strength of an aircraft crew in an ambulance unit,
and shall also include any allowance paid to any member which in the opinion of the Commission is of the nature of pay.
Division 2.—Pensions Payable to Certain Classes of Persons.
Temporarily totally incapacitated member.
An additional pension at the rate specified in the first paragraph of the footnote to the First Schedule to the Act as applicable to a member of the Forces who is temporarily totally incapacitated to such an extent as to be precluded from earning other than a negligible percentage of a living wage while he is so incapacitated may be granted to such a member if—
(a) he is not maintained at public expense in an institution; and
(b) his income from all sources does not, together with pension, exceed £9 12s. per fortnight.
Widowed mother.
A rate of pension not exceeding 100s. per fortnight may be assessed in accordance with the second item of paragraph (a) of the Third Schedule to the Act in the case of the widowed mother of a member who—
(a) prior to the enlistment of the member, was dependent upon him or would have been dependent upon him but for his enlistment before he reached a reasonable earning capacity;
(b) is resident in the Commonwealth or any Territory of the Commonwealth; and
(c) would not be in receipt of an income from all sources (including the pension) exceeding 100s. per fortnight:
Provided that this regulation shall not apply to any case so as to reduce the rate of pension payable to a rate less than the rate shown in column two of the First Schedule to the Act opposite to the rate of pay of the member.
Children of deceased members.
An additional pension, at a rate not exceeding 12s. per fortnight, may be assessed in accordance with the third item of paragraph (a.) of the Third Schedule to the Act in the case of the child of a deceased member—
(a) whose mother is dead;
(b) who has been deserted by his mother;
(c) who is neglected by his mother so as to necessitate his removal from her care; or
(d) whose mother is an inmate of a mental institution,
if the child is in necessitous circumstances and is placed with a guardian.
Parent of deceased unmarried member.
Subject to the second proviso to the fourth item of paragraph (a) of the Third Schedule to the Act, a rate of pension may be assessed in accordance with the first proviso to that item in the case of a parent of a deceased unmarried member, being—
(a) his father, if he is incapacitated from earning his living and that incapacitation occurred prior to or within three years after the death of the member due to war service;
(b) his mother, if her husband is incapacitated from earning his living and that incapacitation occurred prior to or within three years after the death of the member due to war service, and she was married to that husband prior to the enlistment of the member;
(c) his mother, if she is divorced or has been deserted by her husband and that divorce or desertion occurred prior to or within three years after the death of the member due to war service; or
(d) his step-mother, if she is widowed, divorced or has been deserted by her husband, if the death of the husband, the divorce or the desertion occurred prior to or within three years after the death of the member due to war service,
who is resident in the Commonwealth or any Territory of the Commonwealth, and who would not be in receipt of an income from all sources (including the pension) exceeding the rate specified in the last-mentioned proviso.
Division Div 2 - Australian Soldiers' Repatriation Regulations - Conditions governing Advances and Assistance. | Zoe