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

STATUTORY RULES.

1933. No. 144.

REGULATIONS UNDER THE INVALID AND OLD-AGE PENSIONS ACT 1908-1933.

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 1908-1933.

Dated the fifteenth day of December, 1933.

ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

R. G. CASEY

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.

Calculation of pension.

2. Regulation 12 is amended—

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

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

(c) by omitting the provisoes to sub-regulation (1); and

(d) by inserting after sub-regulation (2) the following sub-regulation:—

“(3.) Whenever the maximum rate of pension is increased or reduced in pursuance of sub-section (1a) of section 24 of the Act, the amount to which the maximum rate has been increased or reduced shall be substituted for the amount of Forty-five pounds ten shillings wherever that amount is mentioned in this regulation, and wherever the amount of Seventy-eight pounds is mentioned in this regulation there shall be substituted the amount ascertained in accordance with sub-section (1b) of section 24 of the Act.”.

Repeal of regulation 12a.

3. Regulation 12a is repealed.

Pensioner in benevolent asylum, &c.

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

5. Regulation 41 is repealed and the following regulation inserted in its stead:—

Notice of dealings in land.

“41. The notice to be furnished to the Commissioner or Deputy Commissioner in pursuance of section 52d of the Act by a pensioner who transfers or mortgages any land or any estate or interest therein shall be in accordance with Form. 43.”.

Repeal of regulations 42, 43 and 43a.

6. Regulations 42, 43 and 43a are repealed.

Supply of information relating to estate of deceased pensioner.

7. Regulation 44 is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(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 a position to do so, to furnish particulars of the name and address of the Executor of the will of the deceased pensioner, or of the Administrator of his estate, or of any person in possession of any part of the estate.”.

8. Regulation 45 is repealed and the following regulation inserted in its stead:—

Notice to person administering estate of pensioner.

“45. The notice which may be sent by post by the Commissioner or a Deputy Commissioner, under sub-section (7.) of section 52e of the Act, to any person administering the estate of a pensioner or in possession of any part thereof, and the particulars to be furnished by the person to whom such notice is sent, shall be in accordance with Form 47.”.

Form 43.

9. Form 43 is repealed and the following form inserted in its stead:—

Form 43.

“Commonwealth of Australia.

The Invalid and Old-age Pensions Act 1908-1933.

NOTICE OF TRANSFER OR MORTGAGE OF LAND.

To the Deputy Commissioner of Pensions,

In accordance with the requirements of Section 52d of the abovementioned

Act I                                                      of

 (Full name of pensioner)  (Postal address of pensioner) being a

recipient of a pension payable at  Post Office, on pension certificate No. hereby give notice of the execution by me on the   day of 19     of a * transfer /*mortgage of land or of an estate or interest therein as hereunder described.

 

Situation of land.

Description of land (including area or dimensions) and of estate or interest of pensioner therein.

Title under which the land is held. (If under Certificate of Title the volume and folio to be stated. If not under Certificate of Title the Conveyance number and the number of the Book to be stated. If leasehold land state short particulars of the lease.)

Value of land and improvements. Documentary evidence if available to be furnished in support.)

Name and address of person to whom the land has been transferred or mortgaged.

Consideration for transfer or mortgage. (If land sold on terms state amount of deposit and instalments.)

Name and address of Solicitor or Agent through whom the land was transferred or mortgaged.

Signature of pensioner.

Date

* Strike out word which is inapplicable.

Note.—Sub-sections (1.) and (2.) of Section 52d of the Invalid and Old-age Pensions Act 1908-1933 read—

52d.—(1.) Every pensioner who transfers or mortgages any land, or any estate or interest therein, shall, within thirty days after the date of the execution of the transfer or mortgage, give notice, as prescribed, of the transaction to the Commissioner or the Deputy Commissioner for the State in which he resides.

(2.) If any pensioner fails to comply with the provisions of the last preceding sub-section, the Commissioner may cancel the pension granted to him.”

Repeal of Forms 44, 45, 45a and 45b.

10. Forms 44, 45, 45a and 45b are repealed.

Amendment of Form 46.

11. Form 46 is amended—

(a) by omitting the words “Did the deceased leave any estate? (if so give full particulars)”;

(b) by omitting the Note at the end of the Form and inserting in its stead the following Note:—

“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 a position to do so, to furnish particulars of the name and address of the Executor of the will of the deceased pensioner, or of the Administrator of his estate, or of any person in possession or any part 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.”.

Form 47.

12. Form 47 is repealed and the following form inserted in its stead:—

Form 47.

“Commonwealth of Australia.

The Invalid and Old-age Pensions Act 1908-1933.

NOTICE TO PERSON ADMINISTERING THE ESTATE OF A PENSIONER OR IN POSSESSION OF PART THEREOF.

To

(1) Insert “the Executor” or “the Administrator” or “the person in possession of part” as the case may be.

(1) of the estate of the late

You are hereby notified that was

a pensioner under the abovementioned Act during the period 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 accordance with the provisions of the abovementioned Act I hereby require you to furnish to me, within 30 days after the date hereof, the particulars indicated in the first column of the Table set out hereunder.

Deputy Commissioner of Pensions.

Date / /

What are the particulars and value of the property comprised in the estate of the deceased pensioner ?

(Particulars to be set out under the following headings:—

(i) House property

(ii) Land

(iii) Money in bank

(iv) Life assurance policies

(v) Friendly society benefits

(vi) Personal effects

(vii) Other property (details to be shown) ).

What amount is required for the payment of—

(i) funeral expenses

(ii) testamentary expenses?

What amount is required for the payment of debts?

What is the nature and amount of the other liabilities (if any) of the estate of the deceased pensioner?

(Give full particulars.)

If the deceased pensioner left a will, what are the names and addresses of the beneficiaries under such will?

 

If any beneficiary is the widow, widower, father, mother, child (including an ex-nuptial child), sister or brother of the pensioner, state particulars regarding—

(i) relationship;

(ii) property left to beneficiary;

(iii) whether beneficiary is in necessitous circumstances;

(iv) whether beneficiary was at the death of the pensioner residing as a member of the family of the pensioner in a home owned by the pensioner;

(v) whether beneficiary is an old-age or invalid pensioner.

Have you disposed of any property in the estate of the deceased pensioner?

(If so, give full particulars.)

If you have not already done so, how do you intend to dispose of the property in the estate of the deceased pensioner?

(Give full particulars.)

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

Signature

  

Note.—Sub-sections (4.), (5.), (7.), (8.) and (9.) of Section 52e of the Invalid and Old-age Pensions Act 1908-1933 read:—

“52e.—(4.) Any property comprised in the estate of the pensioner which—

(a) is not bona fide required for the payment of his funeral and testamentary expenses and debts (including any rates and taxes charged upon his property), and

(b) is not exempt from the provisions of this section.

shall be applied towards the satisfaction of the debt due to the Commonwealth under this section.

“(5.) The following property shall be exempt from the provisions of this section—

(a) Personal effects, as prescribed, of a value not exceeding Fifty pounds;

(b) any sum representing funeral or mortuary benefit received by reason of the death of the pensioner from a Friendly Society registered under any Act or State Act to the extent to which such sum exceeds the funeral expenses;

(c) property which passes under the will of the pensioner to a relative who—

(i) is a pensioner, or

(ii) is, in the opinion of the Commissioner, in necessitous circumstances; or

(iii) was, at the death of the pensioner, residing as a member of the family of the pensioner in a home owned by the pensioner.

“(7.) The Commissioner or a Deputy Commissioner may send by post to any person administering the estate of the pensioner, or in possession of any part thereof, a notice, as prescribed, specifying the amount of pension paid to the pensioner after the thirty-first day of December, One thousand nine hundred and thirty-two, and requiring that person, within a specified period, to furnish, in the prescribed form, particulars relating to the property comprised in the estate or in his possession, as the case may be, and the manner in which he has disposed of, or intends to dispose of, that property.

“(8.) If any person fails to comply with a notice sent to him in pursuance of the last preceding sub-section, or fails to apply any property in accordance with the provisions of this section, he shall be guilty of an offence.

Penalty: Fifty pounds.

“(9.) For the purposes, of this section relative means the widow, widower, father, mother, child (including an ex-nuptial child) , sister or brother of the pensioner, but does not include any other relative of the pensioner.”.

Commencement.

13. Regulations 2, 3 and 4 of these Regulations shall be deemed to have commenced on the 26th October, 1933.

 

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