Commonwealth Consolidated Regulations

WAR GRATUITY REGULATIONS 1945 - REG 19

(1)

In the case of a war gratuity credited in the Register to the account of:

(a)

a member who has attained the age to qualify for an old-age pension under section 15 of the Invalid and Old-age Pensions Act 1908-1946;

(b)

a member included in the class specified in paragraph (a) or paragraph (b) of section 84 of the Australian Soldiers' Repatriation Act 1920-1946; or

(c)

the parent of a deceased member, where each parent of the deceased member has attained the age to qualify for an old-age pension under section 15 of the Invalid and Old-age Pensions Act 1908-1946or, if either parent is a person specified in paragraph (a) or paragraph (b) of section 84 of the Australian Soldiers' Repatriation Act 1920-1946, in respect of that parent, the age specified in that section,

payment in whole or in part may, at the discretion of a prescribed authority, be made at any time after the date of entitlement if the prescribed authority is satisfied that the gratuity is required for the provision of medical attention or personal amenities for which the person credited with the gratuity could not otherwise pay:

Provided that where a war gratuity is credited in the Register to the account of the parent of a deceased member, and one parent of the deceased member has attained the age specified in paragraph (c) of this sub-regulation but the other parent has not attained the age so specified, payment of war gratutity may be made under this sub-regulation where a prescribed authority is satisfied that special circumstances exist which warrant such payment.

(2)

Where a person entitled to a war gratuity dies on or after the date of entitlement but before the date of payment, and a person beneficially interested in his estate is a person who, if he had been credited under section 17 of the Act with war gratuity in respect of a member's service, would have been eligible to be paid any war gratuity before the due date in pursuance of section 21 of the Act or of sub-regulation (1), (5), (6) or (9) of this regulation, payment of an amount of the war gratuity proportionate to his interest in the estate may, at the discretion of a prescribed authority, be made to the estate for distribution to the person so beneficially interested at any time after the date of entitlement.

(3)

Where a war gratuity is credited in the Register to the Repatriation Commission, payment on whole or in part may, at the discretion of the prescribed authority, be made at any time after the date of entitlement.

(4)

Where a war gratuity is credited in the Register under section 26 of the Act to or for the benefit of some or all of the dependants of a member, payment in whole or in part may, at the discretion of a prescribed authority, be made at any time after the date of entitlement.

(5)

Where a war gratuity is credited in the Register to the account of any person payment in whole or in part may, at the discretion of a prescribed authority, be made at any time after the date of entitlement if the prescribed authority is satisfied that the gratuity is required to alleviate severe distress or hardship due to the sickness of the person credited with war gratuity or any of his dependants.

(6)

Where a war gratuity is credited in the Register to the account of any person, payment in whole or in part may, at the discretion of the Principal War Gratuity Authority, be made at any time after the date of entitlement if the Authority is satisfied that that person may be unable to receive the benefit of the gratuity if payment is not made before the due date of payment.

(7)

Where a person entitled to a war gratuity dies on or after the date of entitlement and a prescribed authority is satisfied that any person is experiencing hardship resulting from the incidence of the funeral expenses or debts of the deceased, payment of an amount of the war gratuity not exceeding the amount of those expenses or debts may be made to the estate of the deceased at any time after the date of entitlement.

(8)

Where a member entitled to a war gratuity has, under the Re-establishment and Employment Act 1945, obtained the maximum amount of any loan to enable him to engage in or resume any occupation, business or practice and the authority making the loan certifies that early payment of the whole or any part of the gratuity is urgently required for the occupation, business or practice of the member and will be of substantial benefit to the member, payment in whole or in part may, at the discretion of the prescribed authority, be made at any time after the date of entitlement.

(9)

Where a war gratuity is credited in the Register to the account of any person, payment in whole or in part may, at the discretion of a prescribed authority, be made at any time after the date of entitlement if the prescribed authority is satisfied that the gratuity is required to alleviate severe distress or hardship resulting from fire, flood, drought, storm or other natural happening beyond the control of the person entitled to the gratuity.