Existing allowances
15 Existing allowances
Where a person was, immediately before the commencing date, in receipt of an allowance of a kind described in column 1 of the following table, that allowance continues to be payable to the person, on and after that date, under the provisions of the Veterans’ Entitlements Act specified in column 2 of that table opposite to the description in column 1 as if it had been granted by the Commission under that last‑mentioned provision, but subject to the provisions of the Veterans’ Entitlements Act:
Column 1 Description of allowance | Column 2 Provision of Veterans’ Entitlements Act |
|---|---|
Clothing allowance under: (a) regulation 180A of Repatriation Regulations; (b) regulation 63 of Repatriation (Far East Strategic Reserve) Regulations; or (c) regulation 63 of Repatriation (Special Overseas Service) Regulations. | Section 97 |
Attendant allowance under: (a) Schedule 2 to the Repatriation Act; or (b) Schedule 5 to the Repatriation Act. | Section 98 |
Decoration allowance under: (a) regulation 180 of Repatriation Regulations; (b) regulation 62 of Repatriation (Far East Strategic Reserve) Regulations; or (c) regulation 62 of Repatriation (Special Overseas Service) Regulations. | Section 102 |
Victoria Cross allowance under: (a) regulation 180AA of Repatriation Regulations; (b) regulation 62A of Repatriation (Far East Strategic Reserve) Regulations; or (c) regulation 62A of Repatriation (Special Overseas Service) Regulations. | Section 103 |
Recreation transport allowance under: (a) regulation 104A of Repatriation Regulations; (b) regulations 51 and 52 of Repatriation (Far East Strategic Reserve) Regulations; or (c) regulations 51 and 52 of Repatriation (Special Overseas Service) Regulations. | Section 104 |
Temporary incapacity allowance under regulation 72A of Repatriation Regulations. | Section 107 |
Loss of earnings allowance under regulation 71 of Repatriation Regulations. | Section 108 |
An allowance that continues to be payable by virtue of subsection (1) is payable at the rate at which it was paid immediately before the commencing date until that rate is varied under the Veterans’ Entitlements Act.
Nothing in subsection (2) shall be taken to prevent the rate at which an allowance is payable being varied as from a date before the date on which the decision to vary the rate is made, being a date not earlier than the commencing date.
For the purpose of applying subsection (1) in respect of clothing allowance or recreation transport allowance, a decision of a Deputy Commissioner shall have effect, on and after the commencing date, as if it were a decision of the Commission.
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