Invalid and Old-age Pensions Regulations (Amendment) (Cth)

STATUTORY RULES.

1932. No. 122.

 

REGULATIONS UNDER THE INVALID AND OLD-AGE PENSIONS ACT 1908-1932.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Invalid and Old-age Pensions Act 1908-1932, to come into operation forthwith.

Dated the twenty-sixth day of October, 1932.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

W. MASSY GREENE

for Treasurer.

 

Amendment of Invalid and Old-Age Pensions Regulations.

(Statutory Rules 1926, No. 178, as amended to this date.)

References to regulations and forms.

1. Unless the contrary intention appears, any reference in these Regulations to a regulation shall be read as a reference to a regulation contained in the Invalid and Old-age Pensions Regulations, as amended to the date of the commencement of these Regulations, and any reference to a Form shall be read as a reference to a Form contained in those regulations.

2. After regulation 5 the following regulation is inserted:—

False statements.

5a. Any person who wilfully makes any false statement in any form furnished in pursuance of these Regulations shall be guilty of an offence and shall, if subject to no higher penalty under the Act, be liable to a penalty not exceeding One hundred pounds.

Calculation of pension.

3. Regulation 12 is amended—

(a)by omitting the words “Seventy-eight pounds” and inserting in their stead the words “Seventy-one pounds ten shillings”;

(b)by omitting the words “Forty-five pounds ten shillings” (wherever occurring) and inserting in their stead the words “Thirty-nine pounds”; and

(c) by inserting at the end of sub-regulation (1) the following provisoes:—

“Provided that, where the Commissioner or Deputy Commissioner is satisfied that a pensioner or claimant has or will have no income other than a pension and is or will be entirely dependent upon pension granted to him under the Act, the preceding provisions of this

3376.—Price 8d.

 

regulation shall be applied as if for the words ‘thirty-nine pounds’ there were substituted the words ‘Forty-five pounds ten shillings’:

“Provided further that where by virtue of the provisions of the Act a pensioner or claimant is eligible for a pension at the rate of Thirty-nine pounds per annum and is in receipt of an income less than two shillings and sixpence per week the amount of pension may be at such rate as the Commissioner or Deputy Commissioner who determines the claim deems reasonable and sufficient, but so that the amount of the pensioner’s income together with pension shall not exceed Forty-five pounds ten shillings per annum:

“Provided also that, for the purposes of the last preceding proviso, the income of a person shall be deemed to include any payment by way of gift or allowance from the husband, wife, father, mother or children of that person.”

Pensioner in benevolent asylum, &c.

4. Regulation 32 is amended by omitting from sub-regulation (2) the words “Five shillings” (wherever occurring) and inserting in their stead the words “Three shillings and ninepence”.

Death of pensioner.

5. Regulation 35 is amended by inserting after the word “was” (wherever occurring) the words “, at any time after the 12th October, 1932,”.

6. After regulation 37 the following regulations are inserted:—

Pensioners to complete Form 41.

“38.—(1.) As soon as practicable after the commencement of this regulation, the Commissioner shall cause to be supplied to each pensioner a form in accordance with Form 41.

(2.) Within thirty days after the receipt of the form, the pensioner shall duly complete the form and forward it to the Deputy Commissioner for the State in which he resides.

Claimants to complete Form 42.

“39. Every claimant shall be supplied with a copy of Form 42, and shall duly complete the form and forward it to the Deputy Commissioner within thirty days after the receipt thereof.

Particulars relating to pensioner’s or claimant’s real property and relatives.

“40.—(1.) The following particulars shall be furnished by every pensioner or claimant in pursuance of section 52a of the Act, namely:—

(a)particulars of the title under which any real property owned by the pensioner or claimant is held, and, if held under Certificate of Title, the Volume and Folio thereof;

(b)the area (or dimensions) and situation of the property;

(c) the estimated value of the property;

(d)particulars of any mortgage or other encumbrance on the property;

(e)the names and addresses of his relatives, being husband, wife, father, mother, or children over 21 years of age; and

(f) whether any of those relatives is contributing towards his support, and, if so, to what extent.

 

(2.) The particulars referred to in the last preceding sub-regulation shall be furnished—

(a) in the case of a pensioner—within thirty days after the pensioner is, in pursuance of regulation 38 of these Regulations, supplied with a copy of Form 41, and

(b) in the case of a claimant—within thirty days after he is supplied, in pursuance of regulation 39 of these Regulations, with a copy of Form 42.

Undertaking by pensioners and claimants.

“41.— (1.) The undertaking to be executed by pensioners and claimants in pursuance of section 52d of the Act shall be in accordance with Form 43.

(2.) As soon as practicable after the commencement of this regulation the Commissioner shall cause to be supplied to each pensioner a form of undertaking in accordance with Form 43.

(3.) Within thirty days after the receipt of the form, the pensioner shall duly complete the form and forward it to the Deputy Commissioner for the State in which he resides.

(4.) Every claimant shall be supplied with a form of undertaking in accordance with Form 43, and shall duly complete the form and forward it to the Deputy Commissioner for the State in which he resides within thirty days after the receipt thereof, or within such further time (if any) as the Commissioner in any particular case allows.

Persons dealing in real property may obtain certain information.

“42.—(1.) Any person dealing or proposing to deal in any real property or any estate or interest therein by way of purchase, or the acceptance of a mortgage over, that property estate or interest may apply to the Deputy Commissioner for the State in which the owner of the property estate or interest resides, in accordance with Form 44, for information as to whether the owner of the property estate or interest is a pensioner, or has, at any time after the 12th October, 1932, been a pensioner, and, if so, the date upon which he became a pensioner, and the amount of pension paid which would be a charge on the estate of the pensioner if the provisions of section 52e of the Act were applicable thereto at the date upon which the information is supplied, and the Deputy Commissioner shall cause the information to be furnished in accordance with Form 44.

(2.) Any person to whom information has been given by the Deputy Commissioner in pursuance of this regulation shall be entitled to deal with the owner of the property estate or interest upon the basis that the information supplied by the Deputy Commissioner was correct.

Application for deferment of satisfaction of charge.

“43. Where, upon the death of a pensioner, his interest in any property, being the home or household effects of the pensioner, passes to a relative to whom paragraph (b) of section 52h of the Act applies, the relative may apply to the Commissioner, in accordance with Form 45, for the deferment of the satisfaction of the charge to which the property is subject under the Act, and the Commissioner may agree to defer the satisfaction of the charge for such time (not later than the death of the relative) and upon such conditions as the Commissioner thinks fit.

Supply of information relating to estate of deceased pensioner.

“44.—(1.) Upon the death of any pensioner, the Commissioner or Deputy Commissioner may, by notice in accordance with Form 46, require any person, who, in his opinion, is likely to be in possession of information relating to the estate of the deceased pensioner to furnish particulars relating to the estate and the name and address of the executor or administrator of the estate.

 

(2.) Within thirty days after the receipt of a notice in accordance with Form 46, the person to whom the notice is addressed shall complete the form to the best of his knowledge and belief and shall return it to the Commissioner or the Deputy Commissioner, as the case may he.

Penalty: Fifty pounds.”

Notice of charge on property.

“45. Where the Deputy Commissioner in any State has reason to believe that any person who has, at any time after the 12th October, 1932, been a pensioner has died leaving property exceeding Fifty pounds in value, he may forward to the executor or administrator of the estate of the deceased person, or to any person who appears to be exercising control over the estate of the deceased person, a notice in accordance with Form 47 stating the amount of the charge to which the estate of the deceased person is subject.”

Exemption of personal effects.

“46. The following personal effects to the value of Fifty pounds, namely, household furniture, tools of trade, clothing and jewellery, and such other personal effects as the Commissioner or the Deputy Commissioner in any case determines, shall be exempted from the realization of the property of any pensioner for the purposes of satisfying any charge to which the property is subject under the Act.”

Form of notice to relative and declaration.

“47. The notice to be forwarded to any relative of a pensioner in pursuance of section 52m of the Act shall be in accordance with Form 48, and the declaration to be furnished by any relative in pursuance of that section shall be in accordance with Form 49.”

Form of undertaking by relative.

“48. The undertaking to be furnished by a relative in pursuance of sub-section (2.) of section 52m of the Act shall be in accordance with Form 50.”

Form of summons under s. 52 m (3.).

“49. The form of the summons under sub-section (3.) of section 52m of the Act shall be in accordance with Form 51.”

Form of order under s. 52 m (7.).

“50. The form of the order under sub-section (7.) of section 52m shall be in accordance with Form 52.”

Amendment of Form 21.

7. Form 21 is amended—

(a) by omitting the figures “1926” and inserting in their stead the figures “1932”; and

(b) by omitting all the words from and including the word “Special” and inserting in their stead the following words:—

“Notice to Pensioners.

Section 52b of the Invalid and Old-age Pensions Act 1908-1932 provides that where a pensioner acquires property or receives income sufficient to affect the rate of his pension he shall, within thirty days after the acquisition or receipt thereof, notify the Deputy Commissioner. Failure to do so is punishable by a fine not exceeding £10 or imprisonment for one month, and in addition the pensioner may be required to refund all pension collected as a result of his failure and may be debarred from pension for a period of two years.”

Amendment of Form 26.

8. Form 26 is amended—

(a) by omitting the figures “1926” (wherever occurring) and inserting in their stead the figures “1932”;

 

(b) by omitting the words “The officer paying to place his date stamp on the proper space when payment is made. If he has no date stamp, he must place his initials and the date in the space (in ink, not pencil). When, for example, the instalment due on , is paid, the date stamp must be placed in the space in which the date is printed”; and

(c) by adding at the end thereof the words—

“Notice to Pensioners.

Section 52b of the Invalid and Old-age Pensions Act 1908-1932 provides that where a pensioner acquires property or receives income sufficient to affect the rate of his pension he shall, within thirty days after the acquisition or receipt thereof, notify the Deputy Commissioner. Failure to do so is punishable by a fine not exceeding £10 or imprisonment for one month, and in addition the pensioner may be required to refund all pension collected as a result of his failure and may be debarred from pension for a period of two years.”

Amendment of Forms 29 and 30.

9. Forms 29 and 30 are amended—

(a) by omitting the figures “1926” (wherever occurring) and inserting in their stead the figures “1932”; and

(b) by omitting all the words from and including the words “The attention” and inserting in their stead the following words:—

“Notice to Pensioners.

Section 52b of the Invalid and Old-age Pensions Act 1908-1932 provides that where a pensioner acquires property or receives income sufficient to affect the rate of his pension he shall, within thirty days after the acquisition or receipt thereof, notify the Deputy Commissioner. Failure to do so is punishable by a fine not exceeding £10 or imprisonment for one month, and in addition the pensioner may be required to refund all pension collected as a result of his failure and may be debarred from pension for a period of two years.”

Amendment of Form 39.

10. Form 39 is amended—

(а) by omitting the figures “1926” and inserting in their stead the figures “1932”; and

(b) by adding at the end thereof the following words:—

“Notice to Pensioners.

Section 52b of the Invalid and Old-age Pensions Act 1908-1932 provides that where a pensioner acquires property or receives income sufficient to affect the rate of his pension he shall, within thirty days after the acquisition or receipt thereof, notify the Deputy Commissioner. Failure to do so is punishable by a fine not exceeding £10 or imprisonment for one month, and in addition the pensioner may be required to refund all pension collected as a result of his failure and may be debarred from pension for a period of two years.”

 

Use of existing Forms, 21, 26, 29, 30 and 39.

11. Notwithstanding the amendments made by regulations 7, 8, 9 and 10 of these Regulations, forms in accordance with Forms 21, 26, 29, 30 and 39, as prescribed prior to those amendments, may be used, and shall be deemed to be valid and effectual, until such time as the stock of those forms in existence at the date of the commencement of these Regulations is exhausted.

Amendment of Form 40.

12. Form 40 is amended—

(a) by omitting the figures “1926” (wherever occurring) and inserting in their stead the figures “1932”;

(b) by inserting, before the words “Registrar of Deaths”, the words—

“The name and address of the person who registered the death are as follows:—

Name. ..........................................

Address................................................. ; and

(c) by inserting after the word “was” (second occurring) the words “, at any time after the 12th October, 1932,”.

Forms 41-52 added.

13. After Form 40 the following forms are inserted:—

Form 41.

Commonwealth of Australia.

The Invalid and Old-age Pensions Act 1908-1932.

 

STATEMENT BY PENSIONER.

Directions to Pensioner.—This form will be handed to the pensioner by the Postmaster. The pensioner must answer fully and correctly the questions contained herein, and make the declaration before one of the persons mentioned. When completed the form should be returned to the Postmaster.

Should the form not be returned within thirty days, payment of pension will be stopped.

Regulation 5(2) of the Invalid and Old-age Pensions Regulations reads: —

If any person wilfully makes any false statement in any declaration provided for under these Regulations he shall, if subject to no higher penalty under the Act, be liable to a penalty not exceeding One hundred pounds.

Note.—Where the pensioner is married, information is required concerning both husband and wife.

Questions.				Answers.
				Information concerning the Pensioner.	Information concerning the Pensioner’s Wife or Husband.
What is your full name?	..	..
At what post office is your pension paid?
What is your pension certificate number?
What is your fortnightly rate of pension?
Are you single, married, widower, widow, or divorced? (State which.)

 

Questions.		Answers.
		Information concerning the Pensioner.	Information concerning the Pensioner’s Wife or Husband.
If married, is your husband or wife a pensioner?
How much per week are you earning now?
Do you receive board and lodging either free or in return for services?
How much per week are your relatives (husband, wife, father, mother or children) contributing towards your maintenance?
What other income have you?	..
(Reply to include war pension, rent, dividend, interest, income under will or any other form of receipts.)
Do you own any real property?	..
If so, under what title do you hold it?	..
(If under Certificate of Title, state the Volume and Folio of the Certificate.)
Are the documents of title in your own possession? If not, state the name and address of the person who has possession of them.
What is the area (or dimensions) of the property, and where is it situated? (State particulars as set out in the documents of title if they are in your possession.)
What is the estimated value of the property?
Do you live in a house owned by yourself? (If you own more than one house, state which one you live in.)
Is any of your property mortgaged or subject to any other debt? (If so, state clearly which property is mortgaged; also the name and address of the person to whom the money is owing, and the amount of the money owing.)
Have you a share or interest in any property other than that above-mentioned? (If so, give particulars.)
Do you own any horses, cattle, sheep, or other live-stock or any vehicles, implements, &c.? (Give particulars and value.)

 

Questions.				Answers.
				Information concerning the Pensioner.	Information concerning the Pensioner’s Wife or Husband.
Have you any interest under a Will or any other instrument? (Give full particulars.)
Is your life assured?	..	..
(If so, state name of company, number and amount of policy, and when payable.)
Have you any money in any bank, savings bank, building society, or other institution, or any cash in hand? (Give details as to amounts, name and address of bank, &c.)
Have you disposed of any property by sale or deed of gift since the pension was granted? (Give full particulars.)
Does any person owe you money?			..
(If so, give particulars.)
Have you any property or money otherwise invested not previously disclosed in this Statement?
What is your present postal address?			..
What are the names and present addresses of your relatives, namely, husband, wife, father, mother, and children over 21 years of age?				Names of Relatives.	Present addresses of Relatives.

Declaration.

I,*

of 

do hereby declare that I am the pensioner to whom the particulars set out in the foregoing statement refer, and that the contents of such statement are true and correct in every particular.

Declared at the	(Signature of pensioner.)
day of 19
Before me‡

* Full name of pensioner.

  Address and occupation.

‡ Person before whom declaration is made to add title, such as “Postmaster”, &c.

Note.—The declaration may be made before any of the following persons:—A postmaster or postmistress or person in charge of a post office, a police stipendiary or special magistrate of the Commonwealth or of a State, a justice of the peace, a barrister or solicitor, a State school head-teacher, an officer of the Department of Trade and Customs, a member of the police force of the Commonwealth or of a State, a legally qualified medical practitioner, a notary public, a commissioner for affidavits, a commissioner for declarations, a registrar under the Invalid and Old-age Pensions Act 1908-1932, a minister of religion, an officer of the Commonwealth Department of the Treasury, a councillor of any municipality or shire, or a member of the Parliament of the Commonwealth or of any State.

Form 42.

Commonwealth of Australia

The Invalid and Old-age Pensions Act 1908-1932.

To(1)

You are hereby requested to furnish to me within 30 days of this date replies to the following questions and a declaration in the form set out hereunder.

Registrar of Pensions at

Date / /

Note.—Where the claimant is married, information is required concerning both husband and wife.

Questions.		Answers.
		Information concerning the Claimant.	Information concerning the Claimant’s Wife or Husband.
Do you own any real property?	..
If so, under what title do you hold it?	..
(If under Certificate of Title, state the Volume and Folio of the Certificate.)
Are the documents of title in your own possession? (If not, state the name and address of the person who has possession of them.)
What is the area (or dimensions) of the property and where is it situated? (State particulars as set out in the documents of title if they are in your possession.)
What is the estimated value of the property?
Is any of your property mortgaged or subject to any other debt? (If so, state clearly which property is mortgaged; also the name and address of the person to whom the money is owing and the amount of money owing.)
How much per week are your relatives (husband, wife, father, mother or children) contributing towards your maintenance?
Have you during the past five years transferred or otherwise disposed of property of any kind? (If so, give particulars how disposed of and to whom, and the value received therefor.)
Names of Relatives.	Present addresses of Relatives.
What are the names and present addresses of your relatives, namely, husband, wife, father, mother and children over 21 years of age?

 

Declaration.

I,(2)

of (3)

do hereby declare that the contents of the above statement are true and correct in every particular.

Declared at the	(Signature of pensioner.)
day of 19
Before me(4)

(2) Full name of claimant.

(3) Address and occupation.

(4) Person before whom declaration is made to add title, such as “Postmaster”, &c.

Note.—The declaration may be made before any of the following persons:—A postmaster or postmistress or person in charge of a post office, a police stipendiary or special magistrate of the Commonwealth or of a State, a justice of the peace, a barrister or solicitor, a State school head-teacher, an officer of the Department of Trade and Customs, a member of the police force of the Commonwealth or of a State, a legally qualified medical practitioner, a notary public, a commissioner for affidavits, a commissioner for declarations, a registrar under the Invalid and Old-age Pensions Act 1908-1932, a minister of religion, an officer of the Commonwealth Department of the Treasury, a councillor of any municipality or shire, or a member of the Parliament of the Commonwealth or of any State.

( 1) Insert full name and address of claimant.

 

Form 43.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932.

 

UNDERTAKING.

The Commissioner of Pensions.

In consideration of the payment of pension to me under the above-mentioned Act, I, of  in the State of hereby undertake that I will not at any time hereafter transfer or mortgage any real property or any estate or interest therein of which I am now the owner or of which I may hereafter become the owner except with the prior consent in writing, of the Commissioner of Pensions.

Dated this day of 19

(Signature.)

Witness to signature. (1)

(1) Witness to sign and state his occupation and address.

  

Form 44.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932.

 

REQUEST FOR INFORMATION BY PERSON PROPOSING TO DEAL IN REAL PROPERTY.

To the Deputy Commissioner of Pensions at

In pursuance of regulation 42 of the Invalid and Old-age Pensions Regulations I hereby request to be supplied with the undermentioned information in respect of*

The reason for which this information is required is  

——

1. Is the above-named person a pensioner under the Invalid and Old-age Pensions Act 1908-1932?

2. Has that person at any time since the 12th October, 1932, been a pensioner under the said Act?

 

3. If the person named is or has been a pensioner since the 12th October, 1932, please state the amount of pension paid which would be a charge on the estate of the pensioner if section 52e of the above-mentioned Act were applicable thereto at the date of your reply.

(Signature of person inquiring.)

* Insert full name and address of person from whom it is proposed to purchase or accept a mortgage over property.

  Set out reason.

——

From the Deputy Commissioner of Pensions at

To

The answers to the above questions are as follows:—

(1)

(2)

(3) £

Deputy Commissioner of Pensions at

Date / /

 

Form 45.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932.

 

APPLICATION FOR DEFERMENT OF SATISFACTION OF CHARGE.

The Commissioner of Pensions.

In pursuance of section 52h of the above-mentioned Act, I (1)

 of (2) hereby apply for the deferment of the satisfaction of the charge under that Act upon the property described here under which passed to me upon the death of (3) who was a pensioner under that Act: —

(4)

Declaration.

And I hereby declare that—

(a) I was the (5) of the above-named pensioner;

(b) I am years of age; (6)

(c) I was permanently residing with the pensioner at the date of his death; and

(d) I am in necessitous circumstances.

Declared at the	(Signature of pensioner.)
day of 19 .
Before me (7)

(1) Insert full name of applicant.

(2) Insert address of applicant.

(3) State full name and address of pensioner.

(4) Describe property.

(5) Insert relationship.

(6) Documentary evidence of age to be attached if available.

(7) Person before whom declaration is made to add title, such as “Postmaster” &c.

Note.—The applicant must have been the widow, widower, father, mother, child, sister, or brother of the pensioner.

The declaration may be made before any of the following persons:—A postmaster or postmistress or person in charge of a post office, a police stipendiary or special magistrate of the Commonwealth or of a State, a justice of the peace, a barrister or solicitor, a State school head-teacher, an officer of the Department of Trade and Customs, a member of the police force of the Commonwealth or of a State, a legally qualified medical practitioner, a notary public, a commissioner for affidavits, a commissioner for declarations, a registrar under the Invalid and Old-age Pensions Act 1908-1932, a minister of religion, an officer of the Commonwealth Department of the Treasury, a councillor of any municipality or shire, or a member of the Parliament of the Commonwealth or of any State.

 

Form 46.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932.

 

To

I have received advice of the death of  of who was or had been a pensioner under the above-mentioned Act.

 

In accordance with regulation 44 of the Invalid and Old-age Pensions Regulations, I hereby require you to furnish replies to the under-mentioned questions.

Deputy Commissioner of Pensions at

Date /  / .

Did the deceased leave any estate?	..
(If so, give full particulars.)
Did the deceased leave a will?	..
(If so, give name and address of Executor.)
If the deceased did not leave a will give name and address of person administering the estate? .. ..

The answers to the above questions are to the best of my knowledge and belief true and correct in every particular.

Signature.

Date  / /

Note—Regulation 44 of the Invalid and Old-age Pensions Regulations reads:—

44.—(1.) Upon the death of any pensioner, the Commissioner or Deputy Commissioner may, by notice in accordance with Form 46, require any person, who, in his opinion, is likely to be in possession of information relating to the estate of the deceased pensioner to furnish particulars relating to the estate and the name and address of the executor or administrator of the estate.

(2.) Within thirty days after the receipt of a notice in accordance with Form 46, the person to whom the notice is addressed shall complete the form to the best of his knowledge and belief and shall return it to the Commissioner or the Deputy Commissioner, as the case may be.

Penalty: Fifty pounds.

Section 52l of the Invalid and Old-age Pensions Act 1908-1932 reads:—

52l. Where any person has the receipt control or disposal of any money or other property of a pensioner and the money or other property is subject to a charge, or the pensioner is subject to a liability under this Act, the person shall be subject to the following provisions:—

(a) He shall as and when required by the Commissioner apply the money or other property in satisfaction of the charge or liability.

(b) He is hereby authorized and required to retain from time to time out of any money or other property which comes to him on behalf of a pensioner or as part of the estate of a deceased pensioner so much as is sufficient to satisfy the charge or liability.

(c) He is hereby made personally liable for the satisfaction of any such charge or liability out of any such money or other property of which he has the receipt, control or disposal; and

(d) He is hereby indemnified for all payments which he makes in pursuance of this section.

 

Form 47.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932.

 

NOTICE OF CHARGE ON ESTATE OF DECEASED PENSIONER.

To

(1) of the estate of the late  (2).

You are hereby notified that (2)

was a pensioner under the above-mentioned Act during the period (3)and that by virtue of section 52e of that Act, the sum of £ is now due to the Commonwealth and is payable out of the estate of the late pensioner in priority to all other debts and liabilities except encumbrances

 

existing prior to (4)upon real property of the pensioner.

I hereby require you to pay the above-mentioned amount to me (5)

Dated the day of 19 .

Deputy Commissioner of Pensions at

NOTE.—Sections (1.) and (2.) of section 52e of the Invalid and Old-age Pensions Act 1908-1932 read:—

52e.—(1.) Upon the death of a pensioner and upon the death of a person who, after the commencement of this section, ceased to be a pensioner the amount of pension paid to the pensioner or person after the commencement of this section, and not repaid to the Commissioner under the foregoing provisions of this Part shall be a debt due to the Commonwealth in priority to all other debts and liabilities of the pensioner (except encumbrances existing, prior to such commencement, upon real property of the pensioner) and shall be recoverable by the Commissioner in any court of competent jurisdiction.

(2.) The amount of any debt due to the Commonwealth in pursuance of this section shall, subject to such encumbrances as are specified in the last preceding sub-section, upon the death of the pensioner be a first charge upon his estate, and the Commissioner may for the purposes of satisfying any such charge, apply to any court of competent jurisdiction for an order for the sale and disposition of the property comprised in the estate and for the disposal of the net proceeds of any such sale of disposition, and any such court shall have jurisdiction to make any such order.

Section 52l of the Act reads:—

52l. Where any person has the receipt control or disposal of any money or other property of a pensioner and the money or other property is subject to a charge, or the pensioner is subject to a liability under this Act, the person shall be subject to the following provisions

(a) He shall as and when required by the Commissioner apply the money or other property in satisfaction of the charge or liability.

(b) He is hereby authorized and required to retain from time to time out of any money or other property which comes to him on behalf of a pensioner or as part of the estate of a deceased pensioner so much as is sufficient to satisfy the charge or liability.

(c) He is hereby made personally liable for the satisfaction of any such charge or liability out of any such money or other property of which he has the receipt, control or disposal; and

(d) He is hereby indemnified for all payments which he makes in pursuance of this section.

(1) Insert “the Executor” or “the Administrator” or “the person in control” as the case maybe.

(2) Insert name of late pensioner.

(3) State period.

(4) Insert date of commencement of Section 52e of the Act.

(5) Insert time within which payment is required.

 

Form 48.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932.

——

NOTICE.

To

In pursuance of section 52m of the Invalid and Old-age Pensions Act 1908-1932, I hereby require you, within thirty days after the receipt of this Notice—

(a) to make a proposal in writing for a voluntary contribution towards the cost of the pension granted under the said Act to your (1) ; or

(b) to furnish in accordance with the enclosed Form a Declaration as to your means and ability.

Dated this day of 19

Deputy Commissioner.

Note.—Sub-sections (1.) to (3.) of Sections 52m of the Invalid and Old-age Pensions Act 1908-1932 read as follows :—

52m.—(1.) In order to ascertain whether or not any of the relatives (namely, the husband, wife, father, mother, or children over twenty-one years of age) of a pensioner are able and ought to contribute towards the cost of the pension of the pensioner, a Deputy Commissioner may, from time to time, send by post a notice to every such relative requiring him, within the time limited in the notice, to make a proposal in writing for a voluntary contribution towards such cost, or furnish in a prescribed form a declaration as to his means and ability.

(2.) If within the time specified in the notice the relative makes a proposal for such a voluntary contribution, the Deputy Commissioner shall consider it, and if he is of opinion that the proposal (as originally made or as subsequently amended with the consent of the Deputy Commissioner) is fair in all the circumstances, he may, with or without requiring the relative to furnish a declaration as to his means and ability, accept from the relative an undertaking in writing in the prescribed form to pay to the Deputy Commissioner during the comtinuance of the pension, at the rates specified in the undertaking, a voluntary contribution towards the cost of the pension, and thereafter, so long as the relative continues to contribute at those rates, the following provisions of this section shall not apply in relation to any contribution by that relative towards the cost of that pension, unless and until a further notice is sent to the relative in accordance with the last preceding sub-section.

(3.) If—

(a) the relative does not, within the time limited in the notice, make either a proposal or a declaration in accordance with sub-section (1.) of this section; or

(b) no proposal for a voluntary contribution has been made by the relative, or any proposal made has not been accepted by the Deputy Commissioner,

any Justice of the Peace may, on the complaint of the Deputy Commissioner or of any person thereto authorized by him, issue a summons calling upon the relative to show cause to some convenient court of summary jurisdiction, constituted by a Magistrate, why the relative should not be ordered to contribute towards the cost of the pension of the pensioner.

(1) Insert “wife”, “husband”, “son”, “daughter”, “father”, or “mother”, as the case may be, and insert full name and address of the pensioner.

 

Form 49.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932.

 

DECLARATION AS TO RELATIVE’S MEANS AND ABILITY.

With reference to the Notice forwarded to me in pursuance of section 52m of the Invalid and Old-age Pensions Act 1908-1932, I hereby declare that my means and ability to contribute towards the pension granted to my (1) are correctly stated in the replies to the questions set out hereunder, namely:—

Question.						Answer.
What is your usual occupation?			..	..
How much per week are you earning now? (Give name and address of your employer.)					..
How much did you earn during the last twelve months?
By whom were you employed during the past twelve months?
What other income have you?	..	..	..
What property do you own?	..	..	..
Give full particulars. (Property includes house, land, money in bank, or other investments.)
Is your property mortgaged or otherwise encumbered? (Give brief particulars.)
Are you married, single, divorced, widower or widow? (If living apart from your wife, state that fact, and whether you are supporting her.)
How many children have you under the age of sixteen years?

And I declare that the answers to the above questions are true and correct in every particular.

Declared at the	(Signature of pensioner.)
day of 19
Before me (2)

Note.—The declaration may be made before any of the following persons:—A postmaster or postmistress or person in charge of a post office, a police stipendiary or special magistrate of the Commonwealth or of a State, a justice of the peace, a barrister or solicitor, a State school head teacher, an officer of the Department of Trade and Customs, a member of the police force of the Commonwealth or of a State, a legally qualified medical practitioner, a notary public, a commissioner for affidavits, a commissioner for declarations, a registrar under the Invalid and Old-age Pensions Act 1908-1932, a Minister of Religion an officer of the Commonwealth Department of the Treasury, a councillor of any municipality or shire, or a member of the Parliament of the Commonwealth or of any State.

(1) Insert “wife”, “husband”, “son”, “daughter”, “father”, or “mother”, as the case may be, and insert the full name and address of the pensioner.

(2) Person before whom declaration is made to add title, such as “Postmaster”, etc.

 

Form 50.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932

 

UNDERTAKING BY RELATIVE.

To the Deputy Commissioner of Pensions,

State of

I, of

the(1) of (2) , who is a

pensioner under the above-mentioned Act, hereby undertake to pay to the Deputy Commissioner of Pensions for the State of during the continuance of the pension, voluntary contributions towards the cost of the pension at the rate of  per fortnight, the first contribution to be made on the day of  19 .

(Signature.)

Witness to signature.(3)

(1) State relationship to pensioner.

(2) State full name and address of pensioner.

(3) The witness should state his occupation and address.

 

Form 51.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932.

 

SUMMONS TO RELATIVE OF PENSIONER.

In the Court of at in the State of .

A.B.* Complainant.

C.D. Defendant.

To C.D. of .

These are to require you to appear on the day of

19  at o’clock in the noon at in the State of before such Magistrate as is then there to show cause why you should not be ordered to contribute towards the cost of the pension of a pensioner under the Invalid and Old-age Pensions Act 1908-1932.

Dated at the day of 19 .

Justice of the Peace.

  

Form 52.

Commonwealth of Australia.

 

The Invalid and Old-age Pensions Act 1908-1932.

 

ORDER THAT RELATIVE CONTRIBUTE TOWARDS COST OF PENSION.

In the Court of		at	in the State of
A.B.*	Complainant.
C.D.	Defendant.

The parties above-named having appeared before this Court on the day of 19 ,  and the Court having heard the parties and considered the matter of the said Complaint: It is hereby ordered in pursuance of sub-section

(7) of section 52m of the Invalid and Old-age Pensions Act 1908-1932 that the said C.D. do pay into Court the sum of‡ , until otherwise

ordered by a Magistrate, towards the cost of the pension granted to his§

 and it is hereby further ordered that if any sum required to be paid into court under this Order is not so paid into court within fourteen days after the day fixed for the payment thereof the same shall be levied by distress and sale of the goods and chattels money banknotes cheques bills of exchange promissory notes bonds specialities or securities of money of the said C.D.

Dated at the day of  19

(l.s.)

Police Stipendiary or Special Magistrate.

*Insert “Deputy Commissioner of Pensions” or “a person authorized by the Deputy Commissioner of Pensions’’ as the case may be.

  If this recital does not correctly state the facts substitute appropriate recital or recitals.

‡ Insert the sum ordered to be paid into court and the times at which the payments are to be made.

§ Insert relationship and full name of the pensioner.

  

By Authority: L. S. Johnston, Commonwealth Government Printer, Canberra.