Maternity Allowance Act 1937 (Cth)

 

MATERNITY ALLOWANCE.

No. 44 of 1937.

An Act to amend the Maternity Allowance Act 1912–1936.

[Assented to 13th December, 1937.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Maternity Allowance Act 1937.

 

(2.) The Maternity Allowance Act 1912–1936 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Maternity Allowance Act 1912–1937.

Application of amendments.

2.The claims for maternity allowances to which the amendments effected by this Act apply are those made in respect of births occurring on or after the first day of January, One thousand nine hundred and thirty-eight.

3.After section two of the Principal Act the following section is inserted:—

Definition.

“2a. In this Act, unless the contrary intention appears—

‘other children’ means children born prior to the birth in respect of which a claim is made, who, on the date of that birth, are under the age of fourteen years and living and are—

(a) children of the claimant; or

(b)children of the claimant’s husband by a previous marriage and wholly maintained by him or by the claimant or by both of them.”.

Grant of maternity allowance.

4.Section four of the Principal Act is amended—

(a)by omitting from sub-section (1.) the words “of Four pounds ten shillings” and inserting in their stead the words “in accordance with this section”; and

(b) by omitting sub-sections (2.) and (3.) and inserting in their stead the following sub-section:—

“(2.) The amount of the maternity allowance payable in pursuance of sub-section (1.) of this section shall be—

(a) where there are no other children—Four pounds ten shillings;

(b) where there are one or two other children—Five pounds; or

(c) where there are three or more other children—Seven pounds ten shillings.”.

Who may be claimants.

5.Section six of the Principal Act is amended—

(a) by omitting from paragraph (a)of sub-section (3.) the words “the claimant had no other children—Two hundred and twenty-one” and inserting in their stead the words “there were no other children—Two hundred and forty-seven”;

 

(b) by omitting from paragraph. (b) of sub-section (3.) the words “the claimant had other children—Two hundred and twenty-one” and inserting in their stead the words “there were other children—Two hundred and forty-seven”;

(c) by omitting from paragraph (b)of sub-section (3.) the words “Three hundred and twelve” and inserting in their stead the words “Three hundred and thirty-eight”; and

(d) by omitting paragraph (a) of sub-section (4.).

Time within which claim to be made.

6.Section seven of the Principal Act is amended by adding at the end thereof the following proviso:—

“Provided that, in any case in respect of which the Commissioner is satisfied that sufficient reason exists for so doing, he may extend for such period as he thinks fit the time within which a claim may be made.”.