Commonwealth Numbered Regulations - Explanatory Statements

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SEAMEN'S WAR PENSIONS AND ALLOWANCES REGULATIONS (AMENDMENT) 1991 NO. 392

STATUTORY RULES 1991 No. 392

Issued by the authority of the Minister for Veterans' Affairs

Seamen's War Pensions and Allowances Act 1940

Seamen's War Pensions and Allowances Regulations (Amendment)

Section 59 of the Seamen's War Pensions and Allowances Act 1940 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which are by the Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act, including providing for medical treatment and pharmaceutical benefits for Australian mariners.

Subregulation 59(1A) provides that the regulations may apply, adopt or incorporate, with or without modification the Treatment Principles, prepared and approved under section 90 of the Veterans' Entitlements Act 1986, as in force from time to time; or the scheme prepared and approved under section 91 of the Veterans' Entitlements Act 1986 (the Repatriation Pharmaceutical Benefits Scheme), as in force from time to time.

The amending regulations provide for eligibility for medical treatment for Australian mariners on the same basis as veterans of World War 2 are eligible for medical treatment under the Veterans' Entitlements Act 1986.

The amending regulations also provide for the adoption, with modification, of the Treatment Principles, as in force from time to time, and the Repatriation Pharmaceutical Benefits Scheme, as in force from time to time, in respect of eligible Australian mariners.

Details of the regulations are set out below.

Regulation 1 - Commencement

The regulations commence on 1 December 1991.

Regulation 2 - Amendment

Regulation 2 provides that the Seamen's War Pensions and Allowances Regulations be amended by these regulations.

Regulation 3 - New regulations 26AA and 26AB

Regulation 3 inserts new regulations 26AA and 26AB into the Seamen's War Pensions and Allowances Regulations.

Subregulation 26AA(1) provides that an Australian mariner is eligible to be provided with medical treatment by the Repatriation Commission for malignant neoplasia or pulmonary tuberculosis from three months prior to the receipt of an application for that medical treatment at an office of the Department of Veterans' Affairs.

Subregulation 26AA(2) provides that an Australian mariner who is in receipt of a service pension and who is blinded in both eyes is eligible for medical treatment for any disease, disability or condition on and from the date the Australian mariner was granted service pension; or the date of becoming blinded; or the date of commencement of the regulation, whichever is the later.

Subregulation 26AA(3) provides that a person is taken to be blinded in an eye if the person has lost the eye, or, in the opinion of the Repatriation Commission, the person has no sight, or no useful sight, in the eye.

Subregulation 26AA(4) provides that an Australian mariner who is in receipt of a service pension and is eligible for fringe benefits under section 53A of the Veterans' Entitlements Act 1986, is eligible for medical treatment for any disease, disability or condition.

Subregulation 26AA(5) provides that an Australian mariner who is in receipt of a disability pension under the Act or under Part II of the Veterans' Entitlements Act 1986 at a rate of at least 50% of the general rate, and also in receipt of a service pension, other than a carer service pension, is eligible for medical treatment for any disease, disability or condition.

Subregulation 26AA(6) provides that an Australian mariner is to be taken to be in receipt of a pension of a kind and at the rate referred to in proposed subregulation 26AA(5) but for the operation of section 53A of the Act or sections 26 or 74 of the Veterans' Entitlements Act 1986. Each of those sections relate to the reduction of disability pension payments because of other compensation paid in respect of a disability for which the Australian mariner is also entitled to receive a disability pension, either under the Act or the Veterans' Entitlements Act 1986.

Subregulation 26AA(7) provides that if payment of a pension to an Australian mariner is suspended, the Repatriation Commission may, by instrument, direct that the Australian mariner is entitled to receive medical treatment during the whole or part or parts of the period of suspension.

Subregulation 26AA(8) provides that medical treatment under the regulation does not include medical treatment received prior to the commencement of the regulation (1 December 1991).

Section 90 of the Veterans' Entitlements Act 1986 provides that the Repatriation Commission may prepare a written document known as the Treatment Principles, setting out the circumstances in which, and conditions subject to which, treatment of a particular kind, or included in a particular class of treatment, may be provided for eligible persons. Subregulation 26AB(1) provides that the Treatment Principles, as in force from time to time, be adopted with certain modifications as set out in subregulation 26AB(3).

Section 91 of the Veterans' Entitlements Act 1986 provides that the Repatriation Commission may prepare a written scheme, known as the Repatriation Pharmaceutical Benefits Scheme, for the provision of pharmaceuticals to persons eligible to be provided with treatment. Subregulation 26AB(2) provides that the Repatriation Pharmaceutical Benefits Scheme, as in force from time to time, be adopted with certain modifications as set out in subregulation 26AB(3).