Widows' Pensions Act 1946 (Cth)

WIDOWS’ PENSIONS.

 

No. 27 of 1946.

An Act to amend the Widows’ Pensions Act 1942-1945.

[Assented to 13th August, 1946.]

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 1946.

(2.) The Widows’ Pensions Act 1942-1945 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 1942-1946.

Commencement.

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

Disqualifications for pension.

3. Section fourteen of the Principal Act is amended—

(a) by omitting from paragraph (d) of sub-section (1.) the words “(after deducting the amount of any charges and encumbrances lawfully existing thereon and excluding the value of any house owned by the widow in which she resides and of her furniture and personal effects)”; and

 

(b) by omitting from sub-paragraph (ii) of that paragraph the words “Four hundred” and inserting in their stead the words “Six hundred and fifty”.

Rate of pension.

4. Section fifteen of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (2.) the words “Thirty-two pounds ten shillings” and inserting in their stead the words “Fifty-two pounds”;

(b) by omitting paragraph (b) of sub-section (2.) and inserting in its stead the following paragraph:—

“(b) in the case of a widow specified in paragraph (b) of section thirteen of this Act, by an amount ascertained as follows:—

(i) if the value of the real and personal property of the widow exceeds Fifty pounds but does not exceed Four hundred pounds—by One pound for every complete Ten pounds by which the value of that property exceeds Fifty pounds; or

(ii) if the value of the real and personal property of the widow exceeds Four hundred pounds—by the sum of Thirty-five pounds together with One pound for every complete Seven pounds by which the value of that property exceeds Four hundred pounds.”;

(c) by omitting sub-section (4.); and

(d )by omitting from sub-section (5.) the words “, or of sub-section (4.),”.

5.After section fifteen of the Principal Act the following section is inserted in Division 2 of Part III.:—

Computation of value of property.

“5a. In the computation of the value of property for the purposes of this Part—

(a) there shall be disregarded—

(i) the value of any property which is owned by the widow and is her permanent home;

(ii) the value of any furniture and personal effects; (iii) the surrender value of any life insurance policy or policies, but the total amount disregarded under this sub-paragraph shall not exceed Two hundred pounds;

(iv) the capital value of any life interest or annuity;

(v) the value of any contingent interest;

(vi) the present value of any reversionary interest or interests, but the total amount disregarded under this sub-paragraph shall not exceed Five hundred pounds; and

 

(vii) the value of any property (not being a contingent or reversionary interest) to which the widow is entitled from the estate of a deceased person but which has not been received by the widow; and

(b