Widows' Pensions Act 1943 (Cth)

WIDOWS’ PENSIONS.

 

No. 15 of 1943.

An Act to amend the Widows’ Pensions Act 1942.

[Assented to 29th March, 1943.]

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 Widows’ Pensions Act 1943.

(2.) The Widows’ Pensions Act 1942, as amended by this Act, may be cited as the Widows’ Pensions Act 1942–1943.

Commencement.

2.This Act shall come into operation on the first day of April, One thousand nine hundred and forty-three.

Definitions.

3. Section four of the Widows’ Pensions Act 1942 is amended—

(a) by omitting paragraph (a) of the definition of “child” and inserting in its stead the following paragraphs:—

“(a) a child of a woman and her husband;

(aa) a child of a dependent female and of the man in respect of whom she was a dependent female;

(b) by omitting the definition of “de facto widow” and inserting in its stead the following definition:—

“‘dependent female’ means a woman who, for not less than the three years immediately prior to the death of a man (in this Act referred to as ‘the man in respect of whom she was a dependent female’), 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;”; and

(c) by omitting paragraph (a)of the definition of “widow” and inserting in its stead the following paragraph:—

“(a) a dependent female;”.

Provisions as to payment of pension.

4.Section eighteen of the Widows’ Pensions Act 1942 is amended by omitting from paragraph (a) of sub-section (3.) the words “de facto husband” and inserting in their stead the words “, where the claimant is a dependent female, within three months after the date of the death of the man in respect of whom she was a dependent female”.

Allowances to certain widows.

5.Section twenty-six of the Widows’ Pensions Act 1942 is amended—

(a) by omitting the words “de facto husband” (first occurring) and inserting in their stead the words in the case of a dependent female, at the time of the death of the man in respect of whom she was a dependent female”; and

(b) by omitting the words “de facto husband “(second occurring) and inserting in their stead the words “, in the case of a dependent female, of the man in respect of whom she was a dependent female”.

Provisions as to payment of allowances.

6. Section thirty of the Widows’ Pensions Act 1942 is amended by omitting from sub-section (3.) the words “de facto husband” and inserting in their stead the words “, where the claimant is a dependent female, within three months after the date of the death of the man in respect of whom she was a dependent female”.

Variation of pensions and allowances in accordance with price Index numbers.

7.Section thirty-five of the Widows’ Pensions Act 1942