FAMILY ENDOWMENT
(AMENDMENT) ACT.
Act No. 20, 1928.
| A n | A c t | t o | a m e n d | t h e | F a m i l y | E n d o w m e n t | A c t , |
| 1 9 2 7 , | as | a m e n d e d | b y | t h e | F a m i l y | E n d o w m e n t |
| ( A m e n d m e n t ) | A c t , | 1 9 2 7 , | in | c e r t a i n | r e s p e c t s | ; |
| a n d | for | p u r p o s e s | c o n n e c t e d | t h e r e w i t h . | [ A s |
| s e n t e d | t o , | 1 6 t h | J u n e , | 1 9 2 8 . ] |
| BE | by and w i t h t h e advice and consent of t h e Leg i s |
it enacted by the K i n g ' s Most Exce l l en t Majes ty ,
| la t ive Council and | Legis la t ive Assembly of N e w | Sou th |
| W a l e s | in | P a r l i a m e n t | assembled, | and | by | t h e | a u t h o r i t y | of |
t h e same, as follows :—
| 1. | (1) This A c t m a y | be | cited | as | t h e | " F a m i l y |
| E n d o w m e n t | (Amendmen t ) | Ac t , | 1 9 2 8 , " | and | shall | be |
| const rued | wi th | t he | F a m i l y | E n d o w m e n t | Ac t , | 1927, | as |
| a m e n d e d | by | t h e | F a m i l y | E n d o w m e n t | ( A m e n d m e n t ) | Ac t , |
| 1927. |
| (2) | T h e | F a m i l y | E n d o w m e n t | Act , | 1927, | as | so |
| amended , is here inaf ter | referred | to as t h e P r inc ipa l | Ac t . |
| (3) T h e P r inc ipa l | Ac t , as amended by th is | Act , |
| m a y | be | cited | as | t h e | F a m i l y | E n d o w m e n t | Ac t , | 1 9 2 7 - 2 8 . |
| 2. | (1) The | P r inc ipa l A c t is hereby ame nde d | b y |
| o m i t t i n g | from | t h e definit ion | of | " E m p l o y e e " | in | sect ion |
t h r ee t he words " domest ic service or " a n d by inse r t ing in l ieu thereof t h e words " domest ic service o therwise t h a n in connect ion wi th his employer ' s t r ade or bus iness
| or | a n y | pe rson . " |
| (2) | The a m e n d m e n t | m a d e | b y subsect ion | one | of | |
| th i s sect ion shal l be deemed to have come in to | opera t ion |
| a t | t h e | c o m m e n c e m e n t | of | t he | F a m i l y | E n d o w m e n t | Ac t , |
E v e r y employer and other person l iable so to do shal l
| w i th in | four teen | days | from | t h e | c o m m e n c e m e n t | of | th i s |
| Act , lodirc in accordance wi th the Regu la t ions for | t he |
| t i m e be ing | in | force | u n d e r | t he Fami ly | E n d o w m e n t | Act , |
| 1927-1928 , t h e | r e t u r n s | required | by | such | Regu la t ions |
| for t h e periods from the twen ty - th i rd | day of J u l y , one |
| thousand n ine | h u n d r e d | and | twenty-seven to t he | th i r ty - |
first day of Augus t , one thousand n ine h u n d r e d and twenty-seven and of the m o n t h s of Sep tember and October , one t housand n ine h u n d r e d and twenty-seven, in respect of t h e wages of persons employed in domest ic service in connect ion w i t h t he employer ' s t rade or business .
Eve ry employer or o ther person who fails to lodge any
| such r e t u r n as aforesaid | wi th in t h e t ime | hereinbefore |
| l imi ted shal l be gui l ty of an offence agains t t he | Regu la |
| t ions | m a d e | u n d e r | section | forty-one | of | the | F a m i l y |
| E n d o w m e n t | Act , | 1 9 2 7 - 1 9 2 S , | re la t ing | to | the | furnishing |
| of | r e t u r n s . |
| 3. | The P r inc ipa l Act is fur ther | amended— | |
(a) (i) by omi t t ing from subsect ion four of section th i r t een t he words " bu t only of such a sum as toge the r wi th t he pension will a m o u n t to five shil l ings per week for such chi ld ."
(ii) by inserting at the end of the same section t he following n e w subsect ion :—
| (5) A chi ld shall be deemed to be main ta ined as a member of t he family of t h e c la imant no twi th s t and ing t h e absence of t h e child from the c la imant ' s home if such absence is a bona fide t emporary absence for | educa t ion or o ther sufficient reason and | t h e | |
| c la imant re ta ins control of t h e chi ld and satisfies t he commissioner t h a t t h e endow m e n t , if g ran ted , will be used for the benefit of t h e child. |
(b) (i) by inser t ing a t the end of pa rag raph (b) of subsect ion one of section fourteen the words : " A child shall for t h e purposes of th is p a r a g r a p h be deemed to have been born in N e w South W a l e s if a t the date of his b i r th t h e home of t he mo the r was in N e w Sou th
| W a l e s a n d | he r absence from | N e w | Sou th |
| W a l e s | was | t empora ry | on ly . " | (ii) |
(ii) by omitting from subsection four of the same section t he le t te r and. words " (b) any endowment under th i s A c t , " and by inser t ing t h e following new pa rag raphs to follow
| pa rag raph | (g) of t he same | subsec t ion :— | |
| (h) | any endowment unde r th is A c t ; | nor |
| (i) | any p a y m e n t s | for t h e cost of medica l , |
| surgical , | a n d | hospi tal | t r e a t m e n t |
t inder section t en of t he W o r k e r s ' Compensat ion Ac t , 1926, as amended or under any law re la t ing to workers
| or workmen ' s compensa t ion ; | nor |
| (j) | a n y p a y m e n t s by the D e p a r t m e n t of Educa t ion for or in respect of a |
| chi ld 's a t t endance | at | school. | |
(iii) by inserting in and at the end of para
| g raph (g) of | t he same subsect ion | t h e | |
| words " o r as a child of such a | m e m b e r , " | |
and by inse r t ing in p a r a g r a p h (f) of t h e same subsect ion after t he word " employ m e n t " the words " u p to twenty-s ix pounds
(iv) by inserting at the end of the same subsec t ion the following new paragraph :—
I f t he incomes of the spouse and chi ldren unde r t he age of four teen years canno t after due inqu i ry be ascer ta ined, they may be dis regarded in c o m p u t i n g t h e family income,
(v) by inserting at the end of subsection five of t h e same section t h e words " so far as such incomescan after due inqui ry be ascer ta ined."
| (vi) | by inserting at the end of the same section |
| t he following new subsections :— |
| (6) For t h e purposes of th is section t h e period of twe lve m o n t h s may be t a k e n by t h e commiss ioner to be fifty-two weeks and m a y where an employee ' s pay is concerned be t a k e n by h im to be the period of fifty- two weeks ending on the last pay day preceding the da te of t h e claim, and t h e words " a p p r o p r i a t e to t he c a s e " in sub section two shal l be t aken to m e a n in t h e case of an employer or self employer or an |
employee
employee where no o ther l iv ing wage is applicable t he l iving wage in force for t h e
| t ime be ing | in the Met ropo l i t an | area. |
(7) W h e r e a person in receipt of endow m e n t in respect of a child desires to apply for e n d o w m e n t in respect of an addi t ional child such applicat ion shall be supple m e n t a r y to the claim in respect of t h e f i rs t-mentioned chi ld and unless otherwise requi red by t h e Commissioner before or after t he m a k i n g of t he appl ica t ion t h e
| par t icu la rs | a n d | informat ion | suppl ied | or |
| obta ined in and in connect ion wi th | t h e |
| claim | already | g ran ted | ( including | t h e |
| a sce r t a inment | of t h e family | income) | m a y |
| be | t rea ted | as app ly ing | to t he | supple |
| m e n t a r y | appl icat ion, |
| 4. | The | Pr inc ipa l | Ac t | is fur ther | a m e n d e d — |
| (a) | by inserting at the end of section twenty- one t h e following new subsection :— |
| (5) W h e r e | t h e chi ld was at t h e da te | of |
lodgment of t he claim under fourteen years of age endowment m a y be g ran ted not
| w i th s t and ing | tha t | t he | child | has | a t ta ined | t h a t |
age or h a s died a t or before t h e de te rmina t ion by the commissioner of t he claim in respect of
| t h a t | child. |
| (b) | by inserting the following as subsection (3A) of section twenty-one :— |
| (3A) W h e n a claim or appl ica t ion is made wi th in six weeks from the b i r th of the child or such longer period as the Commissioner may , in a special case, allow e n d o w m e n t m a y be gran ted in respect of such child from the | |
| |
| ( c ) by inser t ing a t | the e n d | of section | t h i r t y | t he |
| following new | subsec t ion :— |
| (4) | N o t w i t h s t a n d i n g | a n y | other | provision | of |
this Ac t , whe re a n appl ica t ion for endowmen t for a fu r the r period is lodged pr ior to expi ry of t he period for which endowmen t has been
gran ted
gran ted t h e Commissioner may , as r ega rds chi ldren in respect of w h o m the appl icat ion is m a d e a n d t h e endowmen t has been g ran ted , au thor i se t he con t inuance of endowment af ter t he expi ry of such period un t i l t h e first
| men t ioned | appl icat ion is | de te rmined . |
(d) (i) by omi t t i ng from subsection one of section
th i r ty -s ix t he words " i s divorced from or i s
| l iv ing | apa r t from | her h u s b a n d | and " ; |
| (ii) b y inse r t ing in t he same subsect ion | after |
| t h e word | " c o m m i s s i o n e r " | t he | words | " w h o |
| shall consider t he | posit ion | of t he | m o t h e r |
| (if any) " ; |
(iii) by inserting at the end of the same section t he following new subsect ion :—-
(4) The commissioner m a y t ake as t h e " f a m i l y i n c o m e " in respect of any child unde r th is section t h e incomes of such guard ian or person, his spouse and chi ldren unde r t h e a<;e of fourteen years so far as such incomes can after due inqu i ry be ascer ta ined.
| (e) (i) by inser t ing in section th i r ty-seven | af ter |
| t h e | words | " b y | a | ce r t i f i ca t e" | t h e | words |
" or a de te rmina t ion of t h e commissioner "
(ii) by inserting in the same section after the
| words | " w h i c h | t h e | ce r t i f i ca te" | t h e | words | |
| " o r | d e t e r m i n a t i o n " | |
| 5. | The a m e n d m e n t s | made by p a r a g r a p h | (a) of | section |
three of the F a m i l y E n d o w m e n t (Amendment ) Ac t ,
| section, by t h a t p a r t of pa r ag raph (b) (iii) of t h e same | ]92S , by pa rag raphs (b) (i) and (b) (ii) of t h e same |
| section which amends | p a r a g r a p h | (g) of | subsec t ion | four | |
| of section four teen of t h e Pr inc ipa l Act , b y p a r a g r a p h s (b) (iv) and (b) (vi) of section t h r e e aforesaid, and by p a r a g r a p h s (a) (b) (d) and (e) of section four of t h e |
| Fami ly | E n d o w m e n t | ( A m e n d m e n t ) | Act , | 1928, | m a y | bo | |
| applied as if they were in force | a t | the | c o m m e n c e m e n t | |
| of | t h e | F a m i l y | E n d o w m e n t | Ac t , | 1927. | |
E L E C T R I C A L