Widows' Pensions Act 1944 (Cth)

WIDOWS’ PENSIONS.

No. 15 of 1944.

An Act to amend the Widows’ Pensions Act 1942–1943.

[Assented to 6th April, 1944.]

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.—(l.) This Act may be cited as the Widows’ Pensions Act 1944.

(2.) The Widows’ Pensions Act 1942–1943 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Widows’ Pensions Act 1942–1944.

Commencement.

2.This Act shall come into operation on the day on which it receives the Royal Assent.

Rate of pension.

3. Section fifteen of the Principal Act is amended—

(a) by omitting from paragraph (a)of sub-section (1.) the words “Seventy-eight pounds” and inserting in their stead the words “Eighty-three pounds four shillings”;

 

(b) by omitting from paragraph (b)of sub-section (1.) the words “Sixty-five pounds” and inserting in their stead the words “Seventy pounds four shillings”.

Benevolent asylum inmates.

4.Section twenty-two of the Principal Act is amended by omitting the words “, subject to this Act, be entitled to receive a pension at a rate determined in accordance with this Act, but not in any case exceeding Twenty-two pounds two shillings” and inserting in their stead the words “be entitled to receive a pension at a rate determined in accordance with this Act, but not in any case exceeding Twenty-four pounds fourteen shillings”.

Allowances to certain widows.

5. Section twenty-six of the Principal Act is amended—

(a)by inserting after the word “husband” (first occurring) the words “or within twenty-six weeks thereafter”;

(b)by inserting after the word “female” (second occurring) the words “or within twenty-six weeks thereafter”;

(c) by omitting the word “Twenty-five” and inserting in its stead the word “Twenty-seven”; and

(d) by adding at the end thereof the following sub-section:—

“(2.) An allowance under this section shall not be payable to any person in respect of any period in respect of which a pension has been paid to that person.”.

Provisions as to payments of allowances.

6.Section thirty of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(4.) Where a claim is made after the expiration of three months from the date of the death of the claimant’s husband or, where the claimant is a dependant female, after the expiration of three months from the date of the death of the man in respect of whom she was a dependant female, an allowance may be paid from the date on which she became qualified to receive an allowance, provided a claim is made within three months after that date.”.

Variation and adjustment of pensions and allowances in accordance with price index numbers.

7.Sections thirty-five and thirty-six of the Principal Act are repealed.

Suspension of pension or allowance while recipient imprisoned.

8. Section forty-one of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) Where, in any such case, the person imprisoned has a child dependent on her, the Commissioner or a Deputy Commissioner may authorize the payment of the whole or any portion of any instalment of pension or allowance falling due during the period of imprisonment to some person approved by the Commissioner or Deputy Commissioner for the benefit of the child.”.

Cancellation of pension on conviction of pensioner.

9. Section forty-two of the Principal Act is repealed.

Application of amendments

10. The amendments effected by sections three and four, and by paragraph (c