Widows' Pensions Act 1925 (NSW)

Widows’ Pensions Act. 249

WIDOWS' PENSIONS ACT.

Act No. 23, 1925.

A n A ct to provide for pensions to ividows and their George V,

children in certain cases ; to am end th e Child W elfare Act, 1923, and certain other Acts ; and for purposes connected therew ith . [A ssented to, 24th D cccm her, 1925.]

" D E it enacted hy the King’s Most Excellent Majesty, r > hy and with the advice and consent of the Legis­

lative Council and Legislative Assenihly of New South MMles in Parliament assembled, and by the authority of the same, as follows

PAET I.

P k e l im in a p t .

1 . (1) This Act- may be cited as the “ M'idows’ siiort tuio

Pensions Act, 1925.” iilcnecment,

(2) Tin's Act sliall commence on a day to be

appointed by the Governor and notilicd hy proelamation

published in the Gazette.

2. This Act is divided into Parts as follows :— Division into Ihuts.

PAPvT I. — PRELIJIINAIiy— 6,S. 1-4.

PAPtT TI.— Administration— ss. 5-12.

PA llT I II .— lViDOW.s’ P ensions— ss. 1.3-39.

D ivision 1.— Ajiionnt o f pensions—ss. 13-15.

D ivision 2.— tension claims—ss. 16-31.

D ivision 3 — Payment o f pensions—ss. 32-39.

PAIIT IV .—O ffences—ss. 40-11.

PA llT Y.—AIiscell .vnicoijs—ss. 42-44.

3 . In this Act, unless the context or subject-matter Definitions,

otherwise indicates or requires,—

“ Child” includes a stepchild or a child legally adopted before the commencement of the widowho:d of a claimant.

“ C h ild ”

250                Widows’ Pensions Act.

George V, “ Child ” also includes an illccyitimate child of a ̂ o

No. 23.

claimant not horn during- the widowhood of

the claimairt.

“ Child ” does not include or refer to any child who

has attained the age of four-teen years.

“ Children” has a corresponding meaning, and is

subject to a corresponding limitation.

“ Claimant ” means an applicant for a widow’s

pension.

“ Deputy Eegistrar” means a deputy registrar of widows’ pensions holding such office by virtue of this Act.

“ Magistrate ” means a police or stipendiary

magistrate.

“ Prescrilred ” means prescribed hy this Act or by

regulations made thereunder.

“ Registrar ” means the registrar of widows’

pensions appointed under this Act. “ Pegulations ” means regulations made under this

Act.

“ Widow ” means the widow of a person wdio, being domiciled in New South 'Wales, died within or outside the State, whether before or after the commencement of this Act.

Amendment	4.	(1) The Child	"̂01101-0 Act, 1923, is amended
of Act No. 2 1,

1923, s. 14.

by adding a t the end of section fourteen the following

ncAv subsection :—

(2) This section shall not extend to authorise tlio

]\:linister to board out her own child to anj'' widow wlio is in receipt of a pension under the Widows’ Pensions Act, 1925, where any part of the pension is paid to her in respect of the child to be boarded out.

P A llT i r .

AnnixisTKAriox.

Appointm ent	5.	(1) The Governor may upon the recommendation
of ofiicers.

of the Public Service Eoard appoint a Registrar of IVidows’ Pensions and such officers as are necessary for the administration of this Act.

(2)

Widows’ Pensions Act. 251

. (2) The iv^'istrar and oiricers sliall receive siicli George V,

remuneration and allowances as sliall Ire fixed by the Public Service Hoard, and shall be subject to the provisions of tlii' i'ublic Service Act during their tenure of office.

6. (1) The Governor may, from time to time, appoint Advison-

such j>ersons as lie thinks fit, not exceeding three

number, to foiau an advisory committee.

(2) Such eominittee shall exercise such powers and duties and receive such fees and allowances as may be prescribed.

7. (1) The Governor may ajipoint such clerks of Deputy

petty sessions as he considers necessary to be deputy registrars of widows’ pensions within the Metropolitan, Parramatta, and Newcasth' police districts.

(2) In otlna' jiarts of the State the officer for tlie time being pind'orming the duties of clerk of petty sessions shall by virtue, of this Act and without any further apjiointinent lie a deputy ri'gistrar of widows" pensions.

8 . The registrar and any deputy registrar may, for iwlts of

j i '’ p i i ' A ; * ' *' ^ * eg' istrar aiul

tliO T)lU*pOSCS 01 thl.s Act--- ‘K-i.nt.v

^ ^ , ic g is tia rs .

(a) sinnmoii Avitncsscs; cf.c’wUh.i.

<1 \ • * 1 i 1 1 a n d 0 -A. P. Act,

(I)) i‘cceive ('vul(^nco on oath ; and	i!)or-25. s. 7.
(c) require the production of documents.

9. Any jierson who has been summoned to appear ivnaity for

as a witness befon' tin' registrar or a deputy registrar

and who, without lawful excuse, and after tender of .̂f	^
rcasonabh' ex))enscs, fails to ajipear in obedience to the
s u m m o n s shall be guilty of an ofi'ence against this Act.

10. Any person who ajipcars before the registrar ivuaiiy for

or a deputy registrar as a witm‘ss and who, without lawful excuse, reliises to 1k' sworn, or to make an affirmation, or lo produce documents, or to answer questions wliicli be is lawfully required to answer shall bo guilty of an olhaicf' against tins Act.

11. It shall be the duty of eacii deputy legistrar— ihuicsof

(a) to reedve ifcnsion claims ; ro!j“q'ars.

(b) to investigatf' jumsion claims as prescribf'd ; ̂ jo.

(c) gfuierally, to kec]) si;cii books and registers, and do all such thiiics, as are prescrilxxl.

252                 Widows’ Pensions Act.

George V, 1 2 . The registrar and all deputy registrars shall,

No. 23. before entering upon their duties or exercising any

Declaration

by otticers.	powers under this Act, make a statutory declaration in
H id , s. 13.	accordance with the prescribed form.

PA llT III.

W i d o w s ' P e n s i o n s .

PlvisiON 1.— Amount o f pension.

Qualifications 13. (1) Subjcct to tliis Act, cvcry widow resident

or pension. jy'ew South Wales shall, while so resident, be

qualified to receive a widow’s pension.

(2) (a) Subject to this Act, a widow shall not

be qualified to receive a pension unless—

(i)   she was domiciled in N('w South WWles on the date of the death of her husband ;

(ii)  she is residing in New South "Wales at the date of lier application for a pension certificate, and bad been continuously so residing for a period of three years ;

(iii)   slie has at the date of her a]>plication for a liension certificate a child under the age of fourteen years who is dependent wholly or mainly u[)on her for support.

(b) Continuous residence in New South AYales shall not be deemed to have been interrupted by occasional absences not exceeding in the aggregate one- tenth of the total period of residence.

(c) Continuous residinue in New South Wales shall not be deemed to hav(' been interrupted by absence from Xew South Wales, if the (dairaant proves that during the period of such absence the children or home of the claimant was in New South Wales.

(d) Subject to this Act a ^vid()w shall not bo

qualified to receive a pension if—

(a) tlie magistrate to whom tin; claim for a pension is referred i.s not satislh'd that she is of good moral character and sober habits and that the pension will be properly used for the support of herself and her children ; or

(b)

Widows’ Pensions Act. 253

(b)

she lias directly or indirectly depriyed herself George V, or obtain a pension or to increase the pension to \yhich she might otherwise he entitled ; or

(c)	she has at any time within six months preceding the date of her application for a jiension certificate, been refused a pension certificate for any reason Avhich exists at tins date of the furtlier application ; or
(d)	she is in receipt of any other pension ol’ allowance exceeding the amount Avhich she Ayould, if otherwise qualified, receiyc under tliis Act; or

(e) she is an alien ; or

(f)	she is an Asiatic and Ayas not horn in Australia; or
(g)	she is an aboriginal native of Africa, the Islands of tlie Pacific, or N gav Zealand.

(4) This section extends to a person Avho liecame a widoAv before the commencement of this Act as Avell as to a person Avho became a Avidow subsequently to such commencement. .

14. (1) Subject to this Act the pension shall ho atnucof

the rate of one pound jier Aveek in respect of the Avidou', and an additional Aveekly amount of ten shillings in respect of cacli of her children Avho is under the age of fourteen years and aaTio is Avholly or mainly depender t upon her for support.

(2) To ascertain the am ount of tin; pimsion to he paid in any case there shall he ded;icted fronr t ic annual am ount of the y)ension calculated in accoi'dance Avith subsection one of this section one pound per anmnn for each one pound per annum hy Avhich t he net income of the AvidoAv as deiincil in section fil'teen exceeds the am ount of scA’cnty-eight pounds j)er annum.

1 5 .     (1) Por the purposes of this Act, “ income of the incD.ne.

A vidow ” shall he deemed to include—■ .

(a)	any pension or allowance other than the pension granted under this A c t;
(h)	the earnings of a AA'idoAV and her children under fourteen years of age from personal effort;

̂ ( c )

25t Widows’ Pensions Act.

George V, (c) live ])cr centum of the value of any real or

No. 23, personal ])roperty owned by the widow or her (hiildren and which produces no income or pro­ duces an income of less than five per centum per annum; the value of any house in which the widow and her children reside and also the value of any furniture and other personal efi'cefs, to he disregarded ;

(d)	twenty-live per centum of the earnings of a child or children over fourteen years of age residing with a claimant;
(c)	moneys derived or received from investments of capital;
(f)	any amount applied for the maintenance or education of any child hy the administrator of airy estate, the executor of any will or the trustee of any settlement, or paid to a claimant for such purpose ;
(g)	income received from any other source whatever.

I3ut shall not include—

(a)	any payment hy way of sick allowance or funeral hemdit from any association or society ; nor
(h)	any money leceived under an insurance policy on tlu' destruction or damage hy fire or otherwise of a huilding or other property.

(2) In ('very case in whicli the widow is paying rent for tlie honsi'or dwcdling in wliich she resides there shall b(> deducted from tin' income of tlie rvidow tlie amount actually paid hy her I'or such rent, hut in no case shall such deduction ('xeei'd seventy-eight pounds per annum.

Drvi.siox 2.— Pentiio:: chtims.

Pension 16. (I) livery jierson claiming a pension shall, iu

claimsthe prescribed manner, do'livcr or send a pension claim Aco i'sos-ti.t therefor to the di'jmty registrar avIiosc ofiicc is nearest

s- 27.	the ])laee of abode of such jierson.
(2) 'J'he pensioi'i claim shall be in accordance nith the prescribed form, and shall allirin all the qualifications and r('(|uirements and negative all the (lisqualilications under this Act, and shall set out the

])lace

Widows’ Pensions Act. 255

place o f abode and length of residence therein of the George V,

claimant, and tlie place or places of abode of the

claimant during the previous twelve months, and such

other particulars as are prescribed.

(3) Every claimant shall, by statutoi’y declara­ tion to be indorsed on the ])cnsion claim, declare that the contents of the pension claim are true and correct in every particular, and if iu the declaration or claim the claimant Avilfully makes any statement Avbich is untrue in any particular, the claimant shall be guilty of an otfcnce against this Act.

(4) A pension claim may be withdrawn at any time by a notice of rvitlidrawal, sent by the claimant t o the deputy registrar to Avbom the claim Avas delivered or sent.

1 7 . (1) Upon receipt of a pension claim the deputy im estigation

registrar shall cause to be made such investigations s appear to him d(',sirahle, or as are directed by the

registrar, in order to ascertain the circumstances of the Act, 190S-25,

claimant and the truth of the statements in the claim. '

(2) The deputy registrar may retpiire any person,

whom ho belioA es to be in a position to do so, to furnish to him, for submission to the magistrate, a confidential report as to the circumstances or the bnancial transac­ tions of any claimant or ])ensioncr or of any relatives of a claimant or ])ensioner ; and any ])crson Avbo, on being required to do so by the deputy registrar, fails to furnish a rc])ort Avithin a reasonable time, or furnishes a report containing any statement Avhich is untrue in any particular, shall be guilty of an on'cnce against this Act.

18. (1) hpon the completion of bis iuA'estigations, ueferem e to

the deputy la'gistrar shall refer the claim, together

a full report of the result of the investigations Avhich

have been made, to a magistrate.

■ (2) The deputy registrar shall notify the

claimant of the time Avhen and place Avhere the claimant is required to attend to support the pensicn claim.

(3) The magistrate may dispense Avitb the attendance of the claimant where be is satisfied that there is sufficient reason for such non-attendancc.

1 9 . (1) On tl'.e day so notified, or on any subsequent im esiigation

day, the magistrate may proceed to investigate the

pensior. xud. s. :w.

253                Widows’ Pensions Act.

George V, pension claim, for tlie purpose of ascertaining whether

No. 28.

the claimant is entitled to a pension, and, if so, at what

rate.

(2) All investigations by tlie magistrate shall he made in the locality wherein the claimant resides, or as near thereto as practicable, and shall he made in chambers.

(15) In order to ascertain the circumstances of the claimant, evidence may he taken at the hearing from offic(‘rs and members of the governing bodies of anv charitable institution or societv, or anv other persons whomsoever.

(4) In investigating the pension claim the

magistrate shall not be bound by any rules of evidence, Imt shall investigate the matter and make his recom­ mendation according to equity, good conscience, and the substantial merits of the case, without regard to technicalities or legal forms.

Recom­ 20. (1) Subject to the following provisions of this

m endation by

m agistrate. section, the magistrate may, as he deems equitable—

ct. C’-nUli. (a) recommend the pension claim as made, or as

A ct, lOOS-'i,"-,

S.31. modith'd by the result of his investigations; or

(b) pcstpone the claim for further evidence; or

(c) recommend the rejection of the claim;

but no pension claim shall be recommended unless the ma,gistrat(' is satisfied that the claim is established and unh'ss th(‘ evidence (if any) of the claimant is corroborated on all material points by documentary information or oral evidence.

(2) If it appears to the magistrate that the

claimant, although otherwise fiualified for, is unfit to be intrusted with a pension, he sh.all make a special repoi't in or to the efft'Ct of the prescribed form.

(.‘5) If the magistrate is of opinion that, although the claim is not completeiy established, furl her evidence may be adduced in support thereof, or it may be mended by lapse of time, the magistrate shall, if tlie (daimant so desires, postjione the investigation, and in such case all matters as to which the magistrate is satisfied shall be recorded as proved : Provided that further evidence may he adduced in respect of any matters recorded as proved.

(4)

Widows’ Pensions Act. 257

(4 ) If the magistrate is of opinion that tlie George V,

pension claim is not establislieci, and cannot he mended by furtlier evidence, or hy postponement of the investigation for a reasonahic time, tlie magistrate shall recommend tlie rejection of the claim, and when so doing shall specify in writing all the material points Avhich he linds to he riwpectively proved, disproved, and unproved or insufficiently proved.

2 1 . (1) In respect of matters found hy the magis-Appeal or

ti’ate to be disproved, the claimant may in the time and

in the manner presorihed appeal to the Minister, aa I io

may cause an investigation tliereoF to he made hy the

hios-aa,

registrar, and the decision of the 'Minister shall he finaP' ""

and conclusive and without appeal.

(2) In respect of matters found hy the magis­ trate to he simply unproved or insufficiently proved, the claimant may at any time thereafter, first giving the deputy registrar three days’ notice, adduce heforc the magistrate fresh evidence, and in such case all material points previously found h\̂ the magistrate to he proved shall be deemed to ho established, and the magistrate shall dispose of all other points as in the case of a new claim.

22. (1) The recommendation of the magistrate as iieteimina-

to the pension claim sliall he indorsed on the claim, which shall thereupon he returned to the deputy registrar.

(2) The deputy registrar shall forthvA’ith transmit

the claim as indorsi'd, together Avith the proscribed particulars for identification of the claimant, and such other particulars as are prescribed, to the registrar, avIio shall determine the apjilication.

(o) The determination of the registrar shall, if

in faA’our of the claim, set out the rate of the pension and the date of its commencement (avIucIi must not he prior to the date of the claim), and a pension certificate in tli(' prescribed form shall thereunon he issued, to tlie •claimant.

(4) If the dc'termination of the registrar is adverse to the claim, the claimant shall he notified accordingly.

23. At the request of the registrar a magistrate may Reiieamig

rehear a pension claim previously admitted or rejected,

.1 and

25 S Widows’ Pensions Act.

George V, and the registrar may, if lie thinks fit, amend any

No. 23. eertiticatc so as to accord with the recommendation

made by the magistrate after the rehearing. Upon the rehearing the magistrate shall hare the same powers as upon the original hearing.

C?inc\ llati 3:1,

&c., of 24. (1) Tlie Minister or the registrar may at any time

pension.cancid, suspend, or reduce any pension if he considers C’with. Act, it expedient so to do, but any decision of the registrar

i9rs-‘j,), niider this section sliall be subject to an appeal, in tlie time and in the manner preseribed, to the Minister, whose decision shall be final and conclusive.

(2) "Where any deeision caneelling, suspending, or ri'ducing a pension lias been given under this section the registrar shall indorse the pension certificate accordingly.

FiU feitiirc

of pension on 25. (1) In any case where a pension certificate is

Cii iieellatioii	cancdled the pension shall be deemed to be absolutely
of ccftilicatc.	forfeited.
cf. N.Z. Af:t,

1013, No. 10, (2) Every application for a new pension made

s. 58.	by a ])erson wbose pension has been forfeited shall bi* subject in all respeets to the same provisions as if no former pension had Ik'cu granted to that person.
J nsUiltnctiits

of pensions 26. (1) During the period a pension certificate has

foifeite 1	been suspended all instalments which would otherwise
(luring
currency of	become due and payable during such period shall be
suspension.	forfeited unless the suspension is reversed on the appeal
Ihid. .s. 5:).	to the INIinister.
(2) If any pi'riod of suspension is such as to extend beyond the ('xjiiration of the year in which the order of suspension is made the order shall apply so far as regards the residin' of that period to any pension certificate issued for fhe next succeeding year.

iV 'iisionerto 27. (1) ’Wliencvcr reiluired by the registrar each

sliall sciid to tlic registrar a statement in the

Miion prescribed form relating to his income and accumulated

̂	properly.
(2) If upon investigation the registrar is satisfied that the pension should l)c discontinued, or that the rate of the jionsion is greater or less than it should be, he may discontinue the pension or reduce or increase the rate of pension accordingiv.

̂ ‘ 28.

Widows’ Pensions Act 259

28. (1) Every magistrate may, for the purposes of George V,

any investigation or inquiry under this Act—

(a) summon witnesses;	,’,’̂ lgitnatos.
(b) receive evidence on oatli; and	c’with. Act,
(c) require the production of documents.

(2) Any person who lias been summoned to appear as a witness before a magistrate and wiio, without lawful excuse, and afb'r tender of reasonable expenses, fails to ajipear in answer to tlie summons, shall be guilty of an offence against this Act.

(3) Any person who appears before a magisti’n.te as a witness and who, Avithout lawful excu.se, refuses to be sAvorn, or to make an affirmation, or to produce documents, or to ansAver questions Avbieb be is lawfully

required to ansAver, shall be guilty of an otfence against

this Act.

29. On application in the prescribed form, the Duplicate

registrar may direct the issue of a duplicate pension	te
certificate in any case Avhere satisfactory proof is given	̂
of the loss or destruction of the original.

30. (1) A pension certificate shall be issued only Pension

for the payment of pension for a period of not nKire'

than one year from the date of commencement specified

in the certificate.

(2) A pension certificate shall be signed by the registrar and countersigned hy such officer as may bt; appointed by the jMinister in that behalf.

(3) In the absence from duty from any eansc of the registrar, the Minister may appoint some otlier officer to sign the certificate.

(4) Unless the circumstances otherwise reejuire

the instalments of pension shall be paid fortnightly.	'
(5) The certificate shall in each case specify the amount of tlie jicnsion payable thereunder, the instalments by aabieh it is to bo ]Aaid, the office or place of payment, and siudi otlier particulars as may be prescribed.
(6) The office or place of payment may be changed from time to time in the prescribed manner, and every such cban"c shall be recorded by the registrar on the pension certificate.

260                Widows’ Pensions Act.

George V, 31. (1) At least one montli before tlie due date of

No. 23, the last instalment of pension authorised to he paid hy a

Kenewal of

pension cer­	pension certificate, or at such earlier time as may he
tificates.	prescrilicd, a pensioner may apply in the inamier preseribed for a pension certiticate for a further period.
(2) "With the application, which shall Ix' lodged with the deputy registrar whose oDfice is nearc'st the place of abode of the applicant there shall he lodged a statement in the prescribed form (veritied hy statutory declaration) setting out such particulars as may he prescribed to show that slie is qualified to receive a pension and has not from any cause hccome disqualified.
(3) The application for a pension certificate for a further jieriod shall he dealt witli in like manner to that prcscrilied for dealing with an original pension claim, save that, with the approval of the i-egistrar the reference to a magistrate may he dispensed with.

D ivisiox 3.—J?aymcnt of Feitslous.

Instalment to 32. (1) Sulijcct to tliis Act, cacli instalment shall

he applied for and payable at any time within twenty-

twenty-one one davs after its due date on the personal application

tf^C’ itt pensioner, and the production of his pension

A ct, 1908^5, certiticate to the officer in charge at the office or place

named therein.

(2) In default of strict compliance hy the pensioner with the provisions of the last preceding sub­ section, the instalment shall he deemed to he forfeited unless the forfeiture is ivaivcd as provided iu the next following subsection.

(3) The registrar or a deputy registrar may

"

waive any such forfeiture in any case ivlicro after

investigation he is satisfied—

(a) that, if the forfeiture was occasioned by default of personal application for payment, or of ajiplication witliin the prescribed time, the default was due to the pensioner’s illness or debility or temporary absence from the locality in which the pension is payable, or other sufficient cause; or

(b)

Widows’ Pensions Act. 2G1

(1)) that, if tlu' r(3rfeiturc was occasioned by default George V,

iu producini^ th(' piaisioii certificate', the default

was due to its hein^' lost or destroyed.

f-1) It shall not l)c lawful for a deputy registrar

to waive tlu' forfeit iirt' of any instalment unless waiver of

such forfelLure is ap[)lied for within the jireseribcd time.

33. 1‘lverv instalnu'iit shall he absolutely forfeited T • j.*i* j 1 111

and no piMision cortiiicatc sliull he granted-- in cerrain

(a)

(Ini'ing any p('riod while the pensioner resides^''”";.

ont (;t .Xi'w South Wales: Provided that io’

resh!eiU'(' in Xew Smith "Wales shall not he®-’ -̂

di'cnu'd to have been interrupted by occasional

absenei' tln'rotVoin if the pensioni'r satisfies the

registrar that during such absence the family

or home of the |)eijsioner was in Xew South

W ales;

(h) if the pensioner marries ;

(e) as from the date the pensioner becomes qualified to receive an old-age or invalidity ])('iision under any Act of the Parliament ot tlu- Commonwealtli of Australia.

34. Subject to this Act, a pension shall he I'ensioD

absolutely inalii'iiahh' Avlietlu'r hy way or in eonseqnencc j'llajitnar'mof sale, assignment, eliarge, execution, hanhrnptcy, or c'with. .\ct,

otherwise howsoever. 41.

35. (1) Every ])ension shall he deemed to he granted I'ensi.ais

and shall he held subject to all the provisions of this

y

Act, and to tlu' ])rovisions of any other Act amendim; future Aot.

or repealing or in .substitution for this Act Avhieh may

at any time hi* passed, and no pensioner shall have any

claim for eompi'usation or otherwise hy reason of his

pension hi'ing all'eeted liy the operation of tliis Act or

any such other Act.

(2 ) A notification of the last preceding subsec­

tion shall he printI'd on every })ension certificate.

30. (1) AVlii'iiever tlie registrar is satisfied that Payment to

having regard to the au'c, infirmity, ill-health, insanity, oi

improvidence of a pensioner, or any special circumstances	̂ 4;̂
of the pensioni'r or her children, it is expi'dient that payment of any iiislalments of the pension he made to

any

£62 Widows’ Pensions Act.

George V, any otlier person, a warrant lo tliat effect shall be

No. 23.

issued by the registrar, and transmitted to the person

authorised therein to receive payment.

(2) Subject to the regulations, and to the directions and limitations, if any, contained in the warrant, the person named therein shall he entitled on its production to receive payment of the pension.

(3) The moneys so received shall he applied hy him for the beneiit of the pensioner and her child, and he shall account to the registrar in the prescribed manner for alt moneys so received hy him.

(1) A warrant issued hy the registrar under this section may at any time be revoked hy the registrar upon notice to tlie person to whom it was issued, and to tlie officer in charge of the office or place at which tlie pension is payable.

On death of 3 7 . (1) lu cusc of tlic dcatli of a pensioner the giwdhanmay guoA’dian 01’ otlicr pei’son for tlie time being having the

receive maintenance care or control of her children to whom

ijehaif 0°'* Act applies shall, with tlie approval of the Minister,

ehiidrcn. ])(. entitled to apply for and receive the pension at the

i9r f’No"\'̂ o’ sliillings ]'or rveek to whicli the widow would

s. 2i!

’ have been mititled in respect of each child if she had

lived.

(2) The pension shall cease in respect of each

child when such child attains tlie age of fourteen years.

(3) Applications under the last preceding

subsection and the method of accounting for moneys

received hy such guardian or person shall lie as

prescribed.

Death, &c„

3S. Tlic I'iglit to a })cnsion or the amount of a, that a child of the pensioner lias within that period attained the age of fourteen years, or hy reason merely of the death of a child of the pensioner.

el child.

pension shall not he affected during anv iieriod covered

c . !f. . s , ̂ pension certificate hy reason merely of the fact

Procedure as 39. Tlic following provisious shall applv to the

t o o f sT' X 1. A. t

instalments payment of instalments of pensions : —

of pensions. oflicei’ ill cliargo of an office or place at

Alt*"n)08’2.i which a pension is payable may, if he thinks

s. 4k ’ fit, require the applicant for payment to prove

his

Widows’ Pensions Act. 263

liis identity, but, subject to tlie regulations, George V,

be may accept the production of the pension

certiticate as sufficient evidence that the person

producing it is the person entitled to payment;

(b)	wlien making the payment, the officer sliall record on the pension certificate tbo date and fact of tbe payment, and shall also require tlic person receiving the payment to give a ri'ceipt therefor in tbe prescrilicd form ;
(c)	a receipt so given shall be sufficient evidence that tbe payment to Avbicb it purports to relate has been duly made, and no claim against tlie State or the officer shall thereafter arise or be made in any court or proceeding whatsoever, by the pensioner or any person whomsoever, in respect thereof; and
(d)	upon payment of the last instalment authorised by a pension certificate, the certificate shall be retained by the paying officer and forwarded by him to the registrar for cancellation.

PA llT IV.

O ffences .

40. (1) Any person who—

(a)

wilfully makes any false statement or represen- Offences,

tation to obtain a pension certificate, or pension, j9os-’25

or any instalment of a pension, cr to deceive s. 49. ’

any officer, or to affect the rate of any pension;

or

(b)

by any unlawful means obtains payment of any forfeited or suspended instalment of pension; or

(c)

by means of personation or any fraudulent

device whatsoever obtains payment of any •

instalment of pension ; or

(d)	by any wilfully false statement or representa­ tion aids or abets any person in obtaining or claiming a pension certificate or pension or instalment of a pension ; or
(e)	wilfully lends a pension certificate to any other person ; or

( f )

264> Widows’ Pension? Act.

George V, (f) receives any money in consideration of or in

No. 23, respect of the procuring of any pension or

N.Z. Act,

1918, No. 10, pension certificate,

p. 61.	shall be guilty of an offence against this Act.
(2) AVhere a pensioner is convicted of an offence under this section the registrar may, in addition to any other penalty imposed in respect of the olTenee, cancel the pension certificate in respect of the issue of which the offence ivas committed.

Fonalties. 41. (1) Any person who commits an offence against

this Act shall he liable on summary convictiosi to imprisonment for a term not exceeding six months, or to a penalty not exceeding one liundred pounds.

(2) Any penalty imposed by this Act or the

regulations may be recovered in a summary manner.

Proceoclinga

how aiul (3) All proceedings in respect of an offence

when to he

against this Act or the regulations may be taken at any

taken.

time not exceeding six months from tlie time when the

facts first came to the knowledge of the registrar.

(4) Any such proceedings may be taken by the registrar or some person appointed by him in writing either generally or in a particular case.

PART A’.

AIiscicll.vneotjs.

Ap[)i'opiia	42.	(1) All pensions g'ranted under the provisions
tion.

of this Act arc liereby charged upon tlu' Consolidated Revenue Pund, and such fund to the extent required for the payment of such pensions is hereby permanently appropriated.

■ (2) All expenses incurred in administering this Act shall be payable out of moneys to be from time to time appropriated by Parliament.

Payments in 43. Where it is fouiul that any pension or instal-

recovered'.	Hient OI a pciision lias heeii paid in excess oi the amount
Hid. s. Vi,	to which the pensioner was by law entitled, the amount so paid in excess may lie recovered from the pensioner or her legal representative, as a debt due to the Crown.

Widows’ Pensions Act. 265

44. (1 ) 'i’lio Governor may make regulations, not George V,

inconsistent avitli this Act, i)rescril)irm all matters wliich ,,

by this Act are required or pi'rmiited to be ])veserihed, ,j. ^

or which an; necessary or conviniient to lie yirescrilied lei;!, Xc. i

for giving effect to tliis Act, and in particular in regard

to all or any of tlie following- matters :—

(a)	the powers and duties of the rc'gistrar and ollici'rs ;
(b)	the forms of pension claims, and of applications or declarations relating thereto, and the times within Avhieh they arc to be made or given ;
(c)	tlie registering and numbering of pension claims and ])artieulars in n-gard thereto ;

(d) the forms of pension certitleates ;

(e) the mode of valuing propertii's ;

(f)	proceedings before a magistrate, the registrar, or any deputy registrar;
(g)	the forms of receipt to be given for any pension ; and
(h)	the delivery up by and recovery of pension certificates cancelled or suspended or lapsed on death or for any other reason.

(2) The regulations may impose a penalty not

exceeding twenty pounds for any breach thereof.

(3) The regulations shall—

(a) be published in the Gazette ;

(b)

take effect from the date of publication or from a later date to be specified in the regulations ; and

(c)

be laid, before both Houses of Parliament within fourteen sitting days after publication if Parliament is in session, and if not, then within fourteen sitting days after the com­ mencement of the next session. If either House of Parliament passes a resolution of Avldch notice has been given at any time Avithin fifteen sitting days after such regulations have been laid before such House disalloAving any regulation or part thereof, such regulation or jAart shall thereupon cease to have clfcct.

LEW ISHAM