Widows' Pensions Act 1942

Legislation au C1942A00019 Not in force Act

Legislation content

WIDOWS’ PENSIONS.

 

No. 19 of 1942.

An Act to provide for the Payment of Widows’ Pensions, and for other purposes.

[Assented to 5th June, 1942.]

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

Part I.—Preliminary.

Short title.

1. This Act may be cited as the Widows’ Pensions Act 1942.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent but pensions and allowances thereunder shall not be payable for any period prior to the thirtieth day of June, One thousand nine hundred and forty-two.


Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Administration.

Part III.—Widows’ Pensions.

Division 1.—Qualification for Pension.

Division 2.—Rate of Pension.

Division 3.—Pension Claims.

Division 4.—Payment of Pensions.

Division 5.—Review of Pensions.

Part IV.—Widows’ Allowances.

Part V.—Miscellaneous.

Definitions.

4. In this Act, unless the contrary intention appears—

“allowance” means an allowance under this Act;

“child” means a child under the age of sixteen years, but does not include any child (not being—

(a) a child of a woman and her husband or de facto husband; or

(b) a child maintained by a woman at the commencement of this Act as a bona fide member of her family),

whom a woman commenced to maintain after the occurrence of the event by reason of which the woman became a widow within the meaning of this Act;

“claim” means a claim for pension or an allowance under this Act;

“claimant” means a person claiming pension or an allowance under this Act;

“de facto widow” means a woman who, for not less than the three years immediately prior to the death of a man, was wholly or mainly maintained by him and although not legally married to him, lived with him as his wife on a permanent and bona fide domestic basis;

“Deputy Commissioner” means a Deputy Commissioner of Pensions holding office under the Invalid and Old-age Pensions Act 1908–1941;

“deserted wife” means a wife who has been deserted by her husband for a period of not less than six months;

“income” means any personal earnings, moneys, valuable consideration or profits earned, derived or received by any widow for her own use or benefit by any means from any source whatsoever, whether in or out of Australia, but does not include any payment by way of gift or allowance from any son or daughter of the widow:

“Magistrate” means a Police. Stipendiary or Special Magistrate of the Commonwealth or a State or Territory of the Commonwealth:

“pension’’ means pension under this Act;

“pensioner” means a person who has been granted a pension:


“Registrar” means a Registrar of Pensions holding office under the Invalid…

Overview

The Widows' Pensions Act 1942 was enacted by the Parliament of Australia to provide financial support to widows who were either maintaining children or were over the age of fifty, with the aim of addressing the economic hardships faced by women who had lost their spouses. The Act established a framework for the payment of pensions and allowances to eligible widows, with specific provisions governing the qualifications, rates, and conditions of these benefits. The policy objective was to ensure that widows, particularly those with dependent children or those who were older and potentially more vulnerable, received adequate support to maintain a reasonable standard of living. The enactment of this legislation aimed to fill a critical gap in social security by recognising the need for targeted financial assistance for women in widowhood.

Scope and Application

The Widows' Pensions Act 1942 applies to widows who are residents of Australia and meets specific qualifications, including those who are maintaining children or are above a certain age without dependents. It also applies to the administration and disbursement of pensions and allowances by the Director-General, the Commissioner, and Deputy Commissioners of Pensions. This Act operates on a national level, within the Commonwealth of Australia. Certain exclusions apply, such as widows who have not resided continuously in Australia for at least five years prior to their claim, those who have directly or indirectly deprived themselves of property or income to qualify for a pension, and widows whose property value exceeds specified limits. Additionally, pensions and allowances cannot be granted to aliens or aboriginal natives of Africa, the Pacific Islands, or New Zealand, though there are exceptions for those who are British subjects or for whom specific exemptions apply. The Act can be extended or detailed further through regulations made by the Governor-General, which must not contradict the provisions of the Act and can cover matters such as claim procedures, conditions for grant and payment of pensions and allowances, and penalties for breaches of regulations.

Key Provisions

  • The Widows’ Pensions Act 1942 (the Act) primarily governs the provision of pensions and allowances to widows who meet certain qualifications and reside in Australia. The main operative sections include provisions for the qualification for pensions (Section 13), the rate of pension (Section 15), the process for pension claims (Sections 16-17), the payment of pensions (Sections 18-22), and the review of pensions (Sections 23-25). Additionally, it covers widows’ allowances (Sections 26-33) and miscellaneous provisions (Sections 34-53).
  • The Act imposes several obligations on the parties it governs. Widows must meet specific residency, character, and property requirements to qualify for pensions or allowances. They must submit claims in the prescribed form and manner and provide the necessary supporting documentation. Widows are also required to furnish statements of their income and property when requested and to notify the Commissioner of any changes that may affect their pension or allowance. The Act mandates the Commissioner or Deputy Commissioner to review claims, determine eligibility, and make payments in accordance with the prescribed conditions.
  • The Act outlines various offences and penalties for breaches. Making false or misleading statements in connection with a claim, obtaining a pension or allowance to which one is not entitled, or presenting false documents to an officer are all offences that carry a penalty of up to fifty pounds or imprisonment for six months (Section 49). Additionally, failure to notify the Commissioner of the acquisition of property or income that affects the rate of pension is punishable by a penalty of ten pounds (Section 47). Recovery of overpayments due to false statements or representations is also provided for (Section 48). Prosecution for offences under the Act requires the written consent of the Minister (Section 50).

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Offence Provisions
Regulatory Standards

Continue reading Widows' Pensions Act 1942

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.