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

STATUTORY RULES.

1933. No. 4.

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 take effect from the dates specified therein.

Dated the twenty-third day of December, 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 those 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 reference to a Form contained in those regulations.

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

“Definition.

2a. In these Regulations, unless the contrary intention appears—

‘the Act’ means the Invalid and Old-age Pensions Act 1908-1932 as amended by any subsequent Act.”.

Calculation of pension.

3. Regulation 12 is amended—

(a) by omitting the provisos to sub-regulation (1.); and

(b) by inserting at the end of sub-regulation (l.) the following provisos:—

“Provided that, where by virtue of the provisions of the Act, the pensioner or claimant is eligible for a pension at a rate of not less than Thirty three pounds per annum, and is not in receipt of an income amounting to two shillings and sixpence or more per week, the amount of pension may be increased by the Commissioner or Deputy Commissioner who determines the claim, by an amount which accords with the prescribed scale, but not in any case by more than two shillings and sixpence per week, and so that the amount of the pensioner’s income, together with the pension, shall not in any case exceed Forty-five pounds ten shillings per annum.

4170.—Price 3d.

 

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.”.

4. After regulation12 the following regulation is inserted—

“Prescribed scale.

12a. The prescribed scale for the purposes of section 24 of the Act and regulation 12 of these Regulations shall be as follows:—

Annual pension for which pensioner or claimant is eligible:	Annual amount by which pension may be increased:
£	..........................................................	£	s.	d.
39	..........................................................	6	10	0
38	..........................................................	5	10	0
37	..........................................................	4	10	0
36	..........................................................	3	10	0
35	..........................................................	2	10	0
34	..........................................................	1	10	0
33	..........................................................	10	0

Provided that where the pensioner is in receipt of an income not amounting to Two shillings and sixpence or more per week the amount specified in the second column of the scale shall be reduced by the annual amount of income so received.”.

5. Regulation 42 is repealed and the following regulation inserted in its stead—

“Form of application under Section 52EB.

42. Applications for information made in pursuance of section 52eb of the Act shall be in accordance with Form 44.”.

Application for deferment of satisfaction of charge.

6. Regulation 43 is amended by omitting “(b)” and inserting in its stead “(c)”.

7. After regulation 43 the following regulation is inserted:—

“Form of application for exemption or postponement of charge.

43a. Applications made in pursuance of section 52ea of the Act for exemption of property from the charge imposed under section 52e of the Act or for the postponement of the charge may be in accordance with Form 45a or Form 45b, as the case may be.”.

Notice of charge on property.

8. Regulation 45 is amended by adding at the end thereof the words “and requiring the payment of that amount”.

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

9. Regulation 50 is amended by inserting after the words “section 52m” the words “of the Act”.

Amendment of Form 44.

10. Form 44 is amended—

(a) by omitting the words “regulation 42 of the Invalid and Old-age Pensions Regulations” and inserting in their stead the words “section 52eb of the above-mentioned Act”;

(b) by inserting in question 1, after the word “pensioner”, the words “or claimant”, and

(c) by inserting at the end of question 2 the words ‘, and, if so, upon what date did he become a pensioner”.

Amendment of Form 45.

11. Form 45 is amended by omitting from the Note at the foot of the form the words “widow, widower,”.

Forms 45a and 45b.

12. After Form 45 the following forms are inserted:—

“Form 45a.

Commonwealth of Australia.

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

APPLICATION FOR EXEMPTION OF PROPERTY FROM CHARGE.

The Commissioner of Pensions.

In pursuance of section 52ea of the above-mentioned Act 1(1)

 of (2) hereby apply

for the (3) of the property described hereunder from the charge imposed by section 52e of that Act. (4)

Description of Property.

(5)

And I hereby declare that—

(a) I am (6)

(b) (7)

Declared at the day of 19 . (Signature of applicant.)

Before me (8)

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 name of applicant.

(2) Insert address of applicant.

(3) Insert “total exemption” or “partial exemption” as the case may be.

(4) If the application is for partial exemption give particulars of exemption desired.

(5) Describe property, stating whether it is the property of a pensioner or part of the estate of a deceased pensioner.

(6) State whether applicant is a pensioner or a person who has an interest in the property of a pensioner or a person who has an interest in the estate of a deceased pensioner.

(7) Set out facts on which application is based.

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

 

Form 45b.

Commonwealth of Australia.

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

APPLICATION FOR POSTPONEMENT OF CHARGE.

The Commissioner of Pensions.

In pursuance of section 52ea of the above mentioned Act I(1)

of (2) hereby

apply for the postponement of the charge imposed by section 52e of that Act on the property described hereunder until (3) my death/the satisfaction of the following claim, namely:—

Description of Property.

(4)

And I hereby declare that—

(a) I am(5)

(b) (6)

Declared at the day of 19 . (Signature of applicant.)

Before me (7)

Note.—The declaration may be made before any or 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 name of applicant

(2) Insert address of applicant.

(3) Strike out whichever is inapplicable.

(4) Describe property.

(5) State whether applicant is a pensioner or a person who has an interest in the property of a pensioner or a person who has an interest in the estate of a deceased pensioner.

(6) Set out facts on which application is based.

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

Amendment of Forms 46 and 47.

13. Form 46 is amended by omitting paragraph (c) of section 52b, (quoted in the Note at the end of the form) and inserting in its stead the following paragraph.—

“(c) He shall, if required by the Commissioner to apply the money or other property in satisfaction of the charge or liability, be 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”.

Amendment of Form 47.

14. Form 47 is amended by omitting all the words after the words “late pensioner” (including the Note at the end of the form) and inserting in their stead the following words:—

“(other than personal effects and other property which is exempt under section 52j of the above mentioned Act and regulation 46 of the Invalid and Old-age Pensions Regulations) in priority to all other debts and liabilities except the following encumbrances upon the real property of the pensioner, namely:—

(a) encumbrances existing prior to(4)

(b) encumbrances in respect of which the Commissioner has consented in writing.

I hereby require you to pay the above mentioned amount to me(5)out of such assets of the estate as are legally available for the purpose.

Dated the day of 19 .

Deputy Commissioner of Pensions.

(4) Insert date of commencement of section 52e of the Act or grant of pension, whichever is the later.

(5) Insert time within which payment is required.

Note.—Attention is invited to the sections of the Invalidand Old-age Pensions Act 1908-1932 which are printed on the back hereof.

[Back of Form.]

Sections 52e, 52ea, 52h, 52j and 52l of the Invalid and Old-age Pensions Act 1908-1932 and regulation 46 of the Invalid and Old-age Pensions Regulations read as follows:—

(Here insert sections and regulation specified above.)”

Use of existing Forms 44, 45 and 46.

15. Notwithstanding the amendments made by regulations 10, 11 and 13 of these Regulations, forms in accordance with Forms 44, 45 and 46, 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 making of these Regulations is exhausted.

Commencement.

16.—(1.) Regulations 1 and 4 of these Regulations and the amendment effected by paragraph (b) of regulation 3 of these Regulations shall be deemed to have commenced on the twelfth day of October, 1932.

(2.) The amendment effected by paragraph (a) of regulation 3 of these Regulations shall be deemed to have commenced on the twenty-sixth day of October, 1932.

(3.) Subject to sub-regulations (1.) and (2.) of this regulation, these Regulations shall take effect from the date of the notification thereof in the Gazette.

 

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