Widows' Pensions Regulations (Cth)

STATUTORY RULES.

1942. No. 329.

REGULATIONS UNDER THE WIDOWS’ PENSIONS ACT 1942.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Widows’ Pensions Act 1942.

Dated this twenty-eighth day of July, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for Minister of State for Social Services.

 

WIDOWS’ PENSIONS REGULATIONS.

Part I.—Preliminary.

Citation.

1. These Regulations may be cited as the Widows’ Pensions Regulations.

Parts.

2. These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Lodgment, Investigation and Determination of Claims for Pensions and Allowances.

Part III.—Payment of Pensions and Allowances.

Part IV.—Miscellaneous.

Definitions.

3.—(1.) In these Regulations, unless the contrary intention appears—

“approved form” means a form approved by the Commissioner;

“Deputy Commissioner”, in relation to a pension or an allowance, means the Deputy Commissioner for the State in which the pension or allowance is paid;

“postmaster” includes an officer of a post office authorized by the postmaster thereof to act for the purposes of these Regulations;

“the Act” means the Widows’ Pensions Act 1942;

“the Jervis Bay Territory” means the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915 and described in the agreement set out in the Schedule to that Act.

 

* Notified in the Commonwealth Gazette on July, 1942.

(2.) For the purposes of these Regulations, unless the contrary intention appears, the Australian Capital Territory and the Jervis Bay Territory shall be deemed to be part of the State of New South Wales, and the Northern Territory of Australia shall be deemed to be part of the State of South Australia.

Declaration by officers.

4. The declaration referred to in paragraph (b) of sub-section (1.) of section 12 of the Act shall be in accordance with the form in the Schedule to these Regulations.

Declarations.

5.—(1.) A declaration for the purposes of the Act or of these Regulations (other than a statutory declaration or a declaration referred to in paragraph (b) of sub-section (1.) of section 12 of the Act)—

(a) shall be in writing and shall declare that, to the best of the knowledge and belief of the declarant, the contents of the declaration are true and correct in every particular; and

(b) shall be signed in the presence of, and attested by, one of the following persons:—

An adult permanent officer of the Commonwealth Public Service; a person in charge of a post office; a minister of religion; a member of the police force of the Commonwealth or of a State; a justice of the peace; a Police, Stipendiary or Special Magistrate of the Commonwealth or of a State; a Registrar of Pensions; a legally qualified medical practitioner; a bank manager; a State school head-teacher; a railway stationmaster; a railway roadmaster; a member or secretary of a road board; a barrister or solicitor; a notary public; a commissioner for affidavits; a commissioner for declarations; a councillor of any municipality or shire; a town clerk; a shire clerk; a member of the Parliament of the Commonwealth or of any State.

(2.) A person shall not wilfully make any false or misleading statement in any declaration made for the purposes of the Act or of these Regulations.

Penalty: Twenty-five pounds or imprisonment for three months, or both.

Part II.—Lodgment, Investigation and Determination of Claims for Pensions and Allowances.

Claims for pensions and allowances.

6. Any person claiming a pension or an allowance shall deliver or send, to the Deputy Commissioner for the State in which she resides or, if she is a resident of the Australian Capital Territory, to the Registrar of Pensions, Canberra, a claim and an identification card, in accordance with the approved forms.

Investigation of claims.

7.—(1.) On receipt of a claim, a Deputy Commissioner or a Registrar shall examine the claim, together with any other papers relating thereto. If it appears to him that the evidence on any material point is insufficient for a just determination of the claim, he shall cause to be made such investigations as appear to him desirable and may request a member of the police force of the Commonwealth or of a State to make a report.

(2.) The Commissioner, a Deputy Commissioner, a Magistrate or a Registrar may require any person whom he believes to be in a position to do so to furnish to him, in accordance with the approved form, a confidential report on such matters relating to any claimant or to any other person as to him appear relevant for the purposes of the Act.

(3.) A person who has been required, in pursuance of the last preceding sub-regulation, to furnish a report shall not fail to furnish the report within a reasonable time.

Penalty: Twenty-five pounds.

Inquiries by Magistrates and Registrars.

8. The Commissioner or a Deputy Commissioner may require a Magistrate or a Registrar to conduct such inquiries or investigations in any case or class of cases as he thinks fit, and to furnish a report on every such inquiry or investigation.

Determination of claims.

9. Upon completion of the investigation of the claim, the Deputy Commissioner shall determine the claim and, if the determination is in the claimant’s favour, determine the amount of the pension or allowance, and fix the date from which the pension or allowance is payable.

Advice of determination.

10. The determination of the Commissioner or Deputy Commissioner in relation to any claim shall be communicated to the claimant.

Part III.—Payment of Pensions and Allowances.

Method of payment.

11.—(1.) Subject to the next succeeding sub-regulation, instalments of pension shall be payable—

(a) at a post office selected by the claimant, or at such other post office as the Deputy Commissioner determines; or

(b) by cheque, whenever the Deputy Commissioner deems it desirable to do so.

(2.) In the case of a pension payable to a pensioner who is an inmate of a benevolent asylum, the method of payment shall be as determined by the Commissioner or Deputy Commissioner.

Pension periods.

12.—(1.) The periods in respect of which the four-weekly instalments of pension shall be paid shall commence on a Tuesday and end on a Monday.

(2.) The first of such periods shall be deemed to have commenced on Tuesday, the thirtieth day of June, 1942, and shall end on Monday, the twenty-seventh day of July, 1942.

Due date of instalments.

13.—(1.) Subject to the next succeeding sub-regulation, the due date of any instalment of pension shall be the day following the last day of the period in respect of which the instalment is payable.

(2.) Any pension accrued and unpaid to which a pensioner is entitled on her discharge from a hospital for the insane shall be deemed to be one instalment, and the due date thereof shall be the day of the pensioner’s discharge from the hospital.

Pension certificates.

14.—(1.) On the grant of a pension which is to be paid in cash at a post office, a pension certificate, together with the pensioner’s identification card, shall be forwarded to the postmaster authorized to make payment of the pension. The pension certificate shall show the amount

of the four-weekly instalments of the pension, the place of payment and the dates on which the instalments are payable. The postmaster shall retain the identification card and shall deliver the pension certificate to the pensioner.

(2.) On the expiry of a pension certificate, the Deputy Commissioner shall, if the pensioner is still eligible under the Act to receive pension, cause a continuation pension certificate to be issued to the pensioner.

Authority for payment of pension.

15. The possession of an identification card shall, subject to any directions of the Commissioner or a Deputy Commissioner, be regarded as the authority of the postmaster to make payment of the pension therein described.

Change of place of payment.

16.—(1.) When a pensioner whose pension is payable at a post office desires to change the place of payment of pension, she shall make application, in accordance with the approved form, to the postmaster authorized to pay her pension.

(2.) If the postmaster is satisfied that the request for the change of place of payment is reasonable, he shall endorse the pensioner’s certificate and identification card accordingly and shall forward the identification card to the postmaster at the office to which payment is transferred and the pensioner’s application to the Deputy Commissioner.

(3.) A pensioner shall not, without the permission of the Deputy Commissioner, be entitled to change the office of payment more than twice in any calendar year.

Receipt for instalment of pension.

17.—(1.) Every pensioner whose pension is payable at a post office shall give a receipt for each instalment of pension in accordance with the approved form.

(2.) A postmaster shall not pay any instalment of pension if he has reason to doubt that the person presenting the certificate is the pensioner or a person authorized by the pensioner to receive payment on her behalf.

Payment to agent of pensioner.

18. Where a pensioner, owing to illness, infirmity or any other good reason, is unable to receive payment personally of any instalment of pension, she may, by completing the authority on the pension receipt form, authorize some other person to collect that instalment on her behalf. In every such case the pensioner shall sign the receipt for the payment and the authorized payee shall make the declaration required on the receipt form.

Payment of pensions to other persons.

19. Where the Commissioner or Deputy Commissioner authorizes the payment of any instalment of pension to some other person for the benefit of the pensioner the method of payment shall be as determined by the Commissioner or Deputy Commissioner.

Duplicate pension certificate.

20.—(1.) In the event of the loss or destruction of her pension certificate, the pensioner may make application, in accordance with the approved form, for a duplicate certificate.

(2.) The postmaster, upon receipt of advice of the loss or destruction of the pension certificate, shall not make any further payments under the certificate unless he receives a direction to do so from the Deputy Commissioner.

(3.) If the Deputy Commissioner is satisfied that the pension certificate has been lost or destroyed he may, subject to such conditions as he thinks fit, issue a duplicate certificate, endorsed with the word “Duplicate”, and shall notify the postmaster to make payment accordingly.

Pension certificate to be returned to Deputy Commissioner.

21. The Deputy Commissioner may, whenever he considers it necessary to do so, require a pensioner or a person in possession of a pension certificate to return the pension certificate to him, and the pensioner or other person so required shall forthwith return the pension certificate accordingly.

Penalty: Twenty-five pounds.

Instructions for payment of pensions.

22. Subject to these Regulations, a postmaster shall follow such directions with respect to the payment or non-payment of pensions as are from time to time given by the Commissioner or Deputy Commissioner.

Alteration in amount of pension.

23. Where any alteration is made in the rate of a pension payable at a post office, the Deputy Commissioner shall notify the pensioner and the postmaster authorized to pay the pension, and the postmaster shall thereupon make payment at the altered rate from the date set out in the notice and shall amend the rate of pension shown on the pension certificate and the identification card accordingly.

Suspension of pension.

24.—(1.) When payment of a pension payable at a post office is suspended, the Deputy Commissioner shall—

(a) forward a notice to the postmaster, who shall thereupon cease to make any further payment of the pension; and

(b) forward a notice, in accordance with the approved form, to the pensioner.

(2.) Subject to the Act, the amount of any pension accrued during the period of suspension may, on removal of the suspension, be paid to the pensioner or to such other person as is authorized by the Commissioner or the Deputy Commissioner to receive the payment on behalf of the pensioner.

Cancellation of pension.

25.—(1.) When a pension payable at a post office is cancelled, the Deputy Commissioner shall—

(a) forward a notice to the postmaster, who shall thereupon cease to make any further payment in respect of the pension and shall return to the Deputy Commissioner the identification card, suitably endorsed, together with the pension certificate, if obtainable; and

(b) forward a notice, in accordance with the approved form, to the pensioner.

(2.) Upon receipt of the notice, the pensioner shall, if she has not already done so, return the pension certificate forthwith to the Deputy Commissioner.

Penalty: Twenty-five pounds.

Allowances to be paid similarly to pensions.

26. The provisions of this Part of these Regulations shall, mutatis mutandis, apply to the payment of allowances.

 

Part IV.—Miscellaneous.

Appeal against cancellation, suspension or reduction of pension.

27. An appeal under section 25 of the Act against any cancellation, suspension or reduction of a pension by a Deputy Commissioner shall be made in writing within three months after the date on which the notification of the cancellation, suspension or reduction was received by the pensioner.

Change in circumstances to be reported.

28. Whenever—

(a) the only child maintained by a pensioner—

(i) attains the age of sixteen years;

(ii) ceases to reside in Australia;

(iii) ceases to be maintained by the pensioner; or

(iv) dies;

(b) a pensioner—

(i) marries or re-marries;

(ii) is about to leave Australia; or

(iii) being a deserted wife, ceases to be a deserted wife otherwise than by the death of her husband; or

(c) a widow in receipt of an allowance—

(i) marries or re-marries; or

(ii) is about to leave Australia,

the pensioner or widow shall forthwith report the fact to the Deputy Commissioner and shall return her pension certificate to him.

Penalty: Twenty-five pounds.

Admission to benevolent asylum.

29.—(1.) Whenever a pensioner becomes an inmate of a benevolent asylum, the secretary or other officer of the benevolent asylum shall, in accordance with the approved form, forthwith notify the postmaster authorized to make payment of the pension.

(2.) The postmaster shall thereupon cease to make further payment of the pension and shall forward the notification, duly endorsed, to the Deputy Commissioner.

(3.) Upon receipt of the notification, the Deputy Commissioner shall cancel the pension and authorize the payment to the pensioner of a pension at a rate determined in accordance with sections 22 and 36 of the Act.

Discharge from benevolent asylum.

30.—(1.) Whenever any pensioner is discharged from a benevolent asylum, the secretary or other officer of the benevolent asylum shall, in accordance with the approved form, notify the Deputy Commissioner.

(2.) Upon receipt of the notification, the Deputy Commissioner shall terminate payment of the pension authorized under sub-regulation (3.) of the last preceding regulation and shall, after consideration of all the circumstances of the case, determine whether a new pension shall be granted.

Admission to hospital for the insane.

31.—(1.) Whenever a pensioner, or a widow in receipt of an allowance, becomes an inmate of a hospital for the insane, the secretary or other officer of the hospital shall, in accordance with the approved form, forthwith notify the postmaster authorized to make payment of the pension or allowance.

(2.) The postmaster shall thereupon cease payment of the pension or allowance and shall forward the notification, duly endorsed, to the Deputy Commissioner.

Discharge from hospital for the insane.

32.—(1.) Whenever any pensioner, or widow in receipt of an allowance, is discharged from a hospital for the insane, the secretary or other officer of the hospital for the insane shall, in accordance with the approved form, notify the Deputy Commissioner.

(2.) Upon receipt of the notification, the Deputy Commissioner shall, if the pensioner or widow is still eligible under the Act to receive a pension or allowance, take steps to resume payment of the pension or allowance in accordance with section 40 of the Act.

Dealings with pensions or allowances prohibited.

33.—(1.) A person shall not—

(a) advance money or goods, or offer or promise to advance money or goods, to any person on the security (whether sole or collateral) of a pension or allowance or any instalment thereof; or

(b) purport to accept any transfer or assignment of, or any charge on, any pension or allowance or instalment thereof.

Penalty: Twenty-five pounds or imprisonment for three months, or both.

(2.) A pensioner or widow in receipt of an allowance shall not—

(a) obtain an advance of money or goods upon the security of a pension or allowance, or any instalment thereof; or

(b) purport to transfer or assign or create any charge on a pension or allowance or any instalment thereof.

Penalty: Twenty-five pounds or imprisonment for three months, or both.

Registration of deaths.

34.—(1.) Whenever the death of any female over sixteen years of age is reported to a Registrar of Deaths for registration, he shall inquire whether the deceased was in receipt of a pension or allowance.

(2.) If it appears to the Registrar of Deaths that the deceased was in receipt of a pension or allowance, he shall forward to the Deputy Commissioner a notice in accordance with the approved form.

(3.) In this regulation, “Registrar of Deaths” means any person authorized to record or register deaths under the law of a State or Territory of the Commonwealth.

Pension or allowance due at death of pensioner.

35. Any amount of pension or allowance accrued and unpaid up to and including the date of the death of a pensioner or a widow in receipt of an allowance, may, if applied for within six months after that date, or within such further period as the Commissioner, in special circumstances, allows, be paid to the person who, in the opinion of the Commissioner or Deputy Commissioner, is best entitled to receive it.

Consent to prosecution.

36. An offence against these Regulations shall not be prosecuted without the written consent of the Minister.

Reg. 4. THE SCHEDULE.

——

Commonwealth of Australia.

Widows’ Pensions Act 1942.

DECLARATION OF SECRECY.

I,

of ,

being an officer performing duties under the Widows’ Pensions Act 1942, do solemnly and sincerely declare—

(a) that I will at all times well and faithfully to the best of my ability, perform my duties and exercise my powers and functions under the said Act; and

(b) that I will not make a record of, or divulge or communicate to any unauthorized person, any information acquired by me in the performance of those dutes or in the exercise of those powers or functions, with respect to the affairs of any other person.

Declared at

This day of

19

Before me—

Commissioner for Declarations.

or

Justice of the Peace.

  

By Authority: L. F.