Document ID: chunk:federal_register_of_legislation:C2004A04077:section:5:p1
Version: federal_register_of_legislation:C2004A04077
Segment Type: section
Provision Reference: s 5 (pt 1/5)
Character Range: 28835–31450

5           Blindness of both eyes.................                     3.30

"(2) Where an Australian mariner has been granted a clothing allowance in respect of a disability referred to in item 2, 3 or 4 (in Column 1) of the table in subsection (1), the Commission may, if it is satisfied that it is necessary for the mariner to use a crutch or crutches in addition to another artificial aid, increase the rate of that allowance to an amount per fortnight equal to the amount specified in item 1 (in Column 3) of the table in subsection (1).

"(3) Where an Australian mariner is receiving a pension in respect of a disability, other than a disability referred to in subsection (1), that results in exceptional wear and tear or damage to the mariner's clothing, the Commission may grant to the mariner a clothing allowance of such an amount, or at such a rate, as it determines.

"(4) The amount payable under subsection (3), whether paid in a lump sum or by instalments, must not, in any 12 month period, exceed an amount equal to the sum of 26 fortnightly instalments of the amount specified in item 4 (in Column 3) of the table in subsection (1).

"(5) An allowance under subsection (3) may be granted to an Australian mariner entitled to an allowance in respect of a disability referred to in subsection (1) in addition to the allowance payable under subsection (1) or (2).

  "(6) For the purposes of this section:

     (a) an Australian mariner who has had a hand amputated is taken to have had an arm amputated; and

     (b) an Australian mariner who has had a foot amputated is taken to have had a leg amputated; and

     (c) an Australian mariner is taken to be blind where the Commission is of the opinion that the mariner's eyesight in the eye is so defective that the mariner has no useful sight in that eye.

  "(7) An application for an allowance under this section:

     (a) must be in accordance with a form approved by the Commission; and

     (b) must be accompanied by such certificates and other evidence (relevant to the applicant's entitlement to the allowance) as are required to be provided by this Act or the form of application; and

     (c) must be made by sending the application to the Secretary at an address of the Department in Australia together with any certificates and evidence referred to in paragraph (b).

"(8) An application for an allowance under this section may be made:

   (a) by the person eligible to be granted the allowance; or

     (b) with the approval of that person or of the Commission under subsection (9), by another person on behalf of that person.