Division 3.—Marriage, Separation and Provision Allowances.
Marriage allowance.
19.—(1.) Subject to this Division, an allowance, called “marriage allowance”, is payable at the rate of Ninety-five cents per day to male members in accordance with the succeeding provisions of this regulation.
(2.) Marriage allowance is payable at the full rate to a member—
(a) who is married, is not separated from his wife and maintains his wife;
(b) who is widowed, or deserted by his wife, and voluntarily maintains his children; or
(c) who is separated or divorced from his wife, or whose marriage has been annulled, and who has the custody of, and voluntarily maintains his children.
(a) a member is separated from his wife;
(b) there is an order of a court against the member for the maintenance of his wife or children at a rate exceeding One dollar and fifty cents per day; and
(c) an allotment in satisfaction of the court order has been made by the member and is in force,
marriage allowance is payable to the member at a rate equivalent to—
(d) the amount by which the rate of the court order exceeds One dollar and fifty cents per day; or
(e) the full rate of marriage allowance,
(4.) Where the marriage of a member has been terminated by divorce ox has been annulled and there are no children of the marriage or the annulled marriage, marriage allowance is not payable to the member.
(5.) Where—
(a) the marriage of a member has been terminated by divorce or has been annulled;
(b) the member’s former wife has custody of the children of the marriage or the annulled marriage;
(c) there is an order of a court against the member for the maintenance of his former wife and the children of the marriage or the annulled marriage or the maintenance of those children at a rate exceeding One dollar and fifty cents per day; and
(d) an allotment in satisfaction of the court order has been made by the member and is in force,
marriage allowance is payable to the member at a rate equivalent to—
(e) the amount by which the rate of the court order exceeds One dollar and fifty cents per day; or
(f) the full rate of marriage allowance,
(6.) Where a member has married more than once, the provisions of this regulation authorize payment of marriage allowance only in respect of the last marriage in respect of which he is eligible for an allowance in accordance with the preceding provisions of this regulation.
(7.) For the purposes of this regulation, where a member has custody of a child of his marriage (including a marriage which has been terminated by divorce or which has been annulled), he shall be deemed to have the custody of his children.
(8.) Marriage allowance is not payable to a member in receipt of a consolidated rate of pay or to a native member.
(9.) References in this regulation to a child of a member shall be read as including references to a child (not being an ex-nuptial child), stepchild or legally adopted child of the member who—
(a) has attained the age of 16 years but has not attained the age of 18 years;
(b) is undergoing fulltime education; and
(c) is not qualified for admission to a university.
(10.) A person shall be deemed to be qualified for admission to a university for the purposes of the last preceding sub-regulation, if the person has passed an examination approved by the Military Board for the purposes of this sub-regulation.
Maxium marriage allowance payable.
Nothing in this Division shall be deemed to entitle a member to payment of marriage allowance at more than the full rate prescribed by the last preceding regulation.
Commencement of payment of marriage allowance.
21.—(1.) Where a member is married at the time of commencement of his service and, on appointment or enlistment, authorizes payment of a qualifying allotment or a court order allotment, marriage allowance is payable from and including the date of his appointment or enlistment.
(2.) Where a member marries after the commencement of his service and authorizes payment of a qualifying allotment, marriage allowance shall, subject to the next succeeding sub-regulation, be payable from and including such date, not being earlier than the date of marriage or a later date not more than three months before the date in respect of which he authorized payment of the allotment, as a prescribed authority approves.
(3.) Payment of arrears of marriage allowance under the last preceding sub-regulation shall not be made unless the member authorizes payment of the amount of those arrears direct to his wife.
Qualifying allotment for payment of full rate of marriage allowance.
22.—(1.) Except as otherwise expressly provided by this Division, the full rate of marriage allowance is not payable unless the member authorizes payment to his wife, or to an appropriate person approved by a prescribed authority, of an allotment of—
(a) not less than a rate of Two dollars and forty-five cents per day in the case of a member to whom, while living in, separation allowance is not payable; or
(b) not less than a rate of Three dollars and fifteen cents per day in the case of a member to whom, while living in, separation allowance is payable.
(2.) A person shall not be deemed to be an appropriate person for the purposes of the last preceding sub-regulation unless that person has the care of the member’s children or there are circumstances that, in the opinion of the prescribed authority, justify that person being considered an appropriate person.
(3.) A prescribed authority may approve of the member’s wife and one or more appropriate persons, or of more than one appropriate person, for the purposes of an allotment under sub-regulation (1.) of this regulation, and the qualifying allotment may be made up by the sum of the allotments made to the respective approved persons.
(4.) Where, in the opinion of the prescribed authority, there is no appropriate person to whom a member should make a qualifying allotment and the member is making adequate provision for the maintenance of his children, the prescribed authority may waive the obligation of the member, either wholly or in part, to make the allotment.
(5.) Where the obligation of a member to make a qualifying allotment is waived either wholly or in part, in pursuance of the last preceding sub-regulation, his failure to make the allotment or the full allotment does not affect his eligibility for payment of marriage allowance.
Separation allowance.
23.—(1.) Subject to this Division, a member to whom the full rate of marriage allowance is payable shall be paid an allowance, called “separation allowance”, at the rate of Seventy cents per day, in respect of any period for which the member by reason of his military duties lives away from his home or does not qualify for provision allowance.
(2.) Separation allowance is not payable to a member who is a widower or is deserted by, or separated or divorced from, his wife or whose marriage has been annulled, unless the member has children and maintains a home for them.
(3.) For the purpose of the last preceding sub-regulation, a member shall not be deemed to be deserted by his wife while he makes an allotment to her at a rate not less than the rate specified in paragraph (b) of sub-regulation (1.) of the last preceding regulation.
(4.) Separation allowance is not payable in respect of a period of leave other than—
(a) a period of leave of less than seventy-two hours granted to the member while he is living in; or
(b) a period of leave not exceding seven days granted to the member while he is living out and in receipt of living out away from home allowance where the member does not return to his home.
(5.) Separation allowance is not payable to a member in receipt of a consolidated rate of pay or to a native member.
Provision allowance.
24.—(1.) Subject to this Division, a member to whom the full rate of marriage allowance is payable shall be paid an allowance, called “provision allowance”, at the rate of Seventy cents per day, in respect of—
(a) a period of living out of not less than seventy-two consecutive hours where the member is not in receipt of living out away from home allowance;
(b) a period of leave of not less than seventy-two consecutive hours granted to the member while he is living in; and
(c) a period of leave granted to the member while he is living out and in receipt of living out away from home allowance where—
(i) the leave exceeds seven days; or
(ii) the member returns to his home.
(2.) Provision allowance is not payable to a member where separation allowance is payable to the member.
(3.) Provision allowance is not payable to a member in receipt of a consolidated rate of pay or to a native member.
Allowances for applicants for appointment or enlistment.
25.—(1.) An applicant for appointment to commissioned rank in, or for enlistment in, the Permanent Military Forces, shall, in respect of any period for which he is eligible for pay under Division 2 of this Part, be paid marriage allowance and separation or provision allowance if he is eligible for marriage allowance on appointment or enlistment as if he were serving as a member during that period.
(2.) Where a medical officer, a dental officer or a pharmaceutical officer employed a locum tenens while attending for an interview or medical examination in connexion with his appointment as such an officer and while travelling to and from that interview or medical examination, locum tenens allowance is payable to the officer—
(a) if the officer is a medical officer or a dental officer—at the rate of Fourteen dollars and seventy cents per day; or
(b) if the officer is a pharmaceutical officer—at the rate of Ten dollars and fifty cents per day.
Member under arrest or undergoing imprisonment.
26.—(1.) The Military Board may approve of payment of an allowance to a member while he is under close arrest or is undergoing a period of imprisonment or detention.
(2.) An allowance under the last preceding sub-regulation is subject to such conditions as the Military Board determines and shall not exceed the sum of the rates of marriage allowance and separation allowance for which the member would otherwise be eligible under these Regulations when by reason of his military duties he lives away from home.
(3.) An allowance under sub-regulation (1.) of this regulation is not payable—
(a) to a member who has not married; or
(b) after the termination of the service of the member.
(4.) Nothing in these Regulations shall be deemed to prevent the Military Board directing a payment in the nature of an allotment by a member as a condition for payment of an allowance to the member under this regulation.
General provisions relating to eligibility for certain allowances.
27.—(1.) Where marriage allowance is payable under sub-regulation (3.) or sub-regulation (5.) of regulation 19 of these Regulations, the total of marriage allowance and living out allowance shall not exceed the sum of
marriage allowance and provision allowance and, for that purpose, the rate of living out allowance shall be reduced to such an extent as is necessary.
(2.) Subject to the next succeeding sub-regulation, where a member is absent from duty on account of sickness or injury and forfeits pay in accordance with regulation 17 of these Regulations, the full rate of marriage allowance is payable for the period during which pay is forfeited.
(3.) The full rate of marriage allowance is not payable unless the member authorizes payment to his wife, or to an appropriate person approved by a prescribed authority, of an allotment at a rate not less than the rate of—
(a) where he forfeits one-half of his rate of pay—
(i) One dollar and seventy cents per day in the case of a member to whom, while living in, separation allowance is not payable; or
(ii) Two dollars and forty cents per day in the case of a member to whom, while living in, separation allowance is payable; or
(b) where he forfeits the whole of his rate of pay—
(i) Ninety-five cents per day in the case of a member to whom, while living in, separation allowance is not payable; or
(ii) Two dollars and sixty-five cents per day in the case of a member to whom, while living in, separation allowance is payable.
(4.) Provision allowance is not payable to a married member in respect of any period for which he is paid living out away from home allowance under Part VIII. of these Regulations, but, subject to sub-regulation (2.) of regulation 23 of these Regulations, he shall be paid separation allowance in respect of that period.
(5.) Where travelling allowance, shipboard allowance or oversea living out allowance is payable under these Regulations to a married member, provision allowance is payable concurrently, except that if the member is not accompanied by his wife, or his children, in respect of whom marriage allowance is payable, separation allowance, subject to sub-regulation (2.) of regulation 23 of these Regulations, is payable in lieu of provision allowance.
(6.) Separation allowance is not payable to a married member in respect of a period for which he is paid retention of lodgings allowance under Part VIII. of these Regulations but he shall be paid provision allowance in respect of that period.