Invalidity and Accidents Pensions Act 1907 (NSW)

Act No. 22. 1007.

An Act to make provision for pensions in

certain cases of invalidity and accident; to

amend the Old-age Pensions Act, 1 9 0 0 ; and

for purposes consequent thereon or inci­

dental thereto. [24th December. 1007.]

BE it enacted by the King 's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative

Assembly of New South "Wales in Parl iament assembled, and by the authori ty of the same, as follows :—

Preliminary.

1. This Act shall he construed with the Old-age Pensions Act,
1900, and may be cited as the " Invalidity and Accidents Pensions Act ,

1907."

2. This Act shall commence and take effect on and from a date

to be appointed by the Governor by notification in the Gazette.

3. In this Act,—

" Granting authority " means authority by whom old-age pensions

are granted.

" Principal Act " means Old-age Pensions Act, 1900.

4. The Colonial Treasurer shall, from time to time, without

further appropriation under this Act, pay out o f the Consolidated Revenue f u n d whatever moneys are necessary in order to enable the pensions "-ranted t inier T h i s Act To be paid.

The pensions.

(a)	that he is above the age of sixteen years, and is not receiving an old-age pension under the Principal Ac t ;
(b)	that he lias resided in the State continuously for at least five years immediately preceding the date on which he applies for this pension, that he has become so permanently incapacitated within this State, and that he is residing in the State on the date on which he establishes his claim to such pension;
(c)

5. Subject to the provisions of this Act, every person permanently incapacitated for any work, by reason of an accident or by reason of his being an invalid, shall be entitled to a pension as hereinafter provided, it' the following conditions be fulfilled :—

(c)	that the accident or invalid state of health was not self-
induced, nor in any way brought about with a view to obtaining a pension ;
(d)	that he has no claim against any employer, company, or other person, or body, compellable under private contract or
public enactment to adequately maintain or compensate him on account of accident or invalid state of health ;
(e)	that his income or property does not exceed the limits
prescribed in the Principal Act, or any amendment thereof in the case of applicants for old-age pensions ;
(f)	that lie has not directly or indirectly deprived himself of

income or property in order to qualify for a pension under

this A c t ;
(g)	that his relatives, namely, father, mother, husband, wife, or children do not, either individual ly or by a joint contribution, adequately maintain him.

6. The amount of a pension payable under this Act shall not

exceed the sum of twenty-six pounds a year, and shall in every case be determined annual ly by the granting authority, having regard to any income or property possessed by the applicant, and the fact that his relatives contribute to his maintenance, and the fact also of his having received compensation from any source in respect of any injury.
7. The applicant for a pension under this Act shall have all such rights of appeal as are granted to the applicant, for an old-age pension under the Principal Act.
8. The income and accumulated property of a pensioner under this Act shall be subject to all provisions as to computation contained in the Principal Act, except section thirteen, and all penalties provided in connection therewith shall be applicable to offences of a similar nature committed in connection with this Act.

9 . The granting authority shall inquire as to the matters set-

out in section live, and being satisfied that a prima facie case has been
established, shall in all cases of invalidity, and also in cases of accident
where the permanent incapacity for work is not manifest, direct an
examination of the applicant to be made by a Governmenl medical officer, who shall certify in the prescribed form whether the claimant
is permanently incapacitated for any work, giving the prescribed
particulars. In its final determination the grant ing authority shall be

guided by the certificate of such officer.

10. No person who is an inmate of a charitable institution

shall receive any payment for any period during which he is an inmate '
of such institution on account of any pension-certificate issued to him
under this Act and current at the time he was so admitted.

11 . Every instalment of a pension under this Act which falls

due during any period whilst the pensioner is out of the State shall he deemed to he absolutely forfeited, unless leave for such absence has been previously obtained from the Colonial Treasurer.

12. The investigation and determination of claims and payment

of pensions under this Act shall, except when otherwise provided under the next following section, be subject to the provisions in the Principal Act with regard to the investigation and determination of claims and payment of pensions to old-age pensioners :

Provided that where a claim for a pension under this Act is lodged within one month after the commencement of this Act, such pension, when granted, shall be deemed to have commenced on the first day of J anua ry , one thousand nine hundred and eight. In a l l

other respects the provisions of sections fourteen and fifteen of the

Principal Act shall apply to pensions under this Act.

Payment of pensions.

13. Payment of pensions under the Principal Act or this Act may be made by the Colonial Treasurer in such manner and at such

places as he may from time to time determine.

References in the Principal Act to a hank or branch bank at which a pension is payable, or to the manager or clerk of such bank or branch, shall be deemed to include an office or place at which a pension is payable or an officer paying pensions under this section.

Administration of Act.

14. (1) The Central Board for Old-age Pensions shall have the general administration of this Act, and its decision on any point shall be final, subject to the control of the Colonial Treasurer.

(2) The registrar and deputy-registrars appointed under

the Principal Act shall he the registrar and deputy-registrars for the

purposes of this Act.

(3) The districts constituted under section six of the

Principal Act shall be districts for the purposes of this Ac t ; and the

examination in connection with claims shall he conducted by the

same granting authority and officers.

15. This Act shall, so far as consistent therewith, be administered

with the Principal Act and any amendment thereof.

Regulations.

16. The Governor may make regulations for carrying out the provisions of this Act. and may in such regulations impose any penalty not exceeding twenty pounds for the breach thereof.

Act