Pensions Supplementation Act 1953 (WA)

1953.] Pensions Supplementation. [No. 78.

PENSIONS SUPPLEMENTATION.

2° Elizabeth II., No. LXXVIII.

No. 78 of 1953.

AN ACT to provide for the Supplementation of

certain Pensions.

[Assented to 18th January, 19541

BE it enacted, by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1.    This Act may be cited as the Pensions Supple- short title.

mentation Act, 1953.

2.    In this Act unless the context requires other- ligare

-wise

"Board" means the Superannuation Board constituted under the Superannuation and Family Benefits Act, 1938;

"specified Acts" means

the Superannuation Act, 1871;

the Government Employees Pensions Act,

1948; and

the Superannuation and Family Benefits

Act, 1938.

Coming into

3. The time prescribed for the coming into operation. Cf. No. 30 of

operation of this Act is the thirty-first day of October,	1918 as
one thousand nine hundred and fifty-three.	amended
ss. 6 and 7.

No. 78.] Pensions Supplementation. [1953.

Supplemen-

tation of 4.

Where after the coming into operation of this Act whether he commenced to receive it before, or commences to receive it on or after, the coming into operation of this Act, the Treasurer shall supplement the pension by such rate not exceeding fifty-two pounds per annum as the Board having regard to the provisions of this Act determines is appropriate to the case.

pensions

under the	Act a person receives a pension under a specified
specified
Acts.
Supplemen-

Where the person receives the pension under determine such supplementation as is appropriate to the case and as does not exceed in respect of the rate of pension mentioned in Column 1 of the following scale, the rate of supplementation men- tioned in Column 2 of the scale, namely

tation under 5.

the Super-

annuation	the Superannuation Act, 1871, the Board shall
Act, 1871.

SCALE.

Column 2.

Column 1. Rate of Supple-

Rate of Pension. mentation.

On pensions not exceeding £156 per £26 per annum.

annum

On pensions exceeding £156 per annum 1/6th of the

and not exceeding £312 per annum annual rate.

On pensions exceeding £312 per annum £52 per annum.

and not exceeding £448 per annum

On pensions exceeding £448 per annum The amount

and not exceeding £500 per annum	necessary to produce an
annual rate of

£500 or an annual rate of £26 which-

ever is the

greater.

On pensions exceeding £500 per annum £26 per annum.

Supplemen-

tation	6.	Where the person receives the pension under
under the

Government	the Government Employees Pensions Act, 1948, the
Employees
Pensions Act,	Board shall determine such supplementation as is
1998.	appropriate to the case and as does not exceed the rate of twenty-six pounds per annum.
Supplemen-

tation under	7.	(1) Where the person receives the pension
the Super-

annuation	as a retired contributor;
and Family
Benefits Act,	as a widow entitled to a pension; or
1938.	as a pensioner;

1953.] Pensions Supplementation. [No. 78.

under the Superannuation and Family Benefits Act, 1938, the Board shall determine such supplemen- tation as is appropriate to the case and as does not exceed the rate of twenty-six pounds per annum.

(2) There is no supplementation under this Act of a pension under the Superannuation and Family Benefits Act, 1938, for a child.

8.    Where a person is receiving a pension under =set= of

an Act of the Commonwealth Parliament, he is not =ff.-	entitled to supplementation under this Act to an wealth Act.
amount which together with his other income, exceeds that which he is permitted by the provisions of that Act to receive as income without reducing the pension under that Act.

9.    (1) In this section, "service" has the same =gem"-

meaning as in the Superannuation and Family :,==.

or

Benefits Act, 1938. men under the Crown.

(2) Where a person who is receiving the supple- Cf. No. 34 of

mentation under this Act is employed or re-employed 1938' 8. 80 (1). employed or re-employed.

in the service or in a public department under the

10.   The provisions of the Superannuation and of ss. 15 to 23

Family Benefits Act, 1938, which relate to the Board, 1938: 3401	°I
and which are contained in sections fifteen to twenty-three both inclusive, with the exception of subsection (2) of section twenty-two, of that Act are incorporated, and apply as if repeated at length, in this Act.

Board to

11.

(1) The Board shall determine questions and disputes relating to eligibility for, and the rate of,	determine
questions and
disputes.
supplementation under this Act.
(2) The determination of the Board is final and is not subject to appeal.

12.    Claims for supplementation under this Act aZ=de.

may be made to the Board in such manner, in such form and if made shall be made within such time as is prescribed by the regulations.

No. 781 Pensions Supplementation. [1953.

Time for

commence-	13. Where the Board determines the supplemen-
ment of

Payment of	tation under this Act of a pension, the Treasurer
supplemen-
tation.	shall cause the supplementation to be paid

(a)	if the pension is being paid when this Act comes into operation, from the day on which it comes into operation; or
(b)	if the pension becomes payable after the coming into operation of this Act, from the day determined by the Board.

Appropria-

tion.	14. To the extent necessary to meet supplemen-
"Public

Moneys."

tation under this Act of pensions, the public moneys

Cf. No. 12 of

1904, s. 4.

of the State are without other authorisation than

this Act appropriated.

Regulations. 15. (1) The Governor may make regulations, not

inconsistent with this Act, prescribing matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular and without prejudice to the generality of subsection (1) of this section the Governor may by regulation so made

(a)	prescribe the manner and form in which, and the time within which, a claim for supplemention under this Act may be made, and the particulars to be furnished in support of the claim;
(b)	exempt from the necessity of making claim any person or class or classes of persons; and
(c)	prescribe the periodical instalments by which supplementation under this Act shall be paid and the manner in which adjust- ments of the supplementation for part of a period are determinable.

Duration of

this Act. 16. This Act continues in operation until the thirty-first day of December, one thousand nine hundred and fifty-six, and no longer.