Invalid and Old-age Pensions Act 1908

Legislation au C1908A00017 Not in force Act

Legislation content

 

INVALID AND OLD-AGE PENSIONS.

 

No. 17 of 1908.

An Act to provide for the Payment of Invalid and Old-age Pensions and for other purposes.

[Assented to 10th June, 1908.]

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.—INTRODUCTORY.

Short title.

1. This Act may be cited as the Invalid and Old-age Pensions Act 1908.

Commencement.

2. This Act shall commence on the first day of July One thousand nine hundred and nine or on such earlier day as is fixed by Proclamation.

Parts.

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

Part I.—Introductory.

Part II.—Administration.

Part III.—Old-age Pensions.

Part IV.—Invalid Pensions.

Part V.—Invalid and Old-age Pensions.

Division 1.—Rate of Pensions.

Division 2.—Pension Claims.

Division 3.—Payment of Pensions.

Part VI.—Offences.

Part VII.—Miscellaneous.


Definitions.

Cf. N.S.W. 1900, No. 74, s. 3;

Vic. 1901, No. 1751, s. 2;

Q. 1908, No. 6, s. 2.

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

“Benevolent Asylum” means any benevolent asylum which is wholly or partly maintained by contributions from the Consolidated Revenue Fund of the Commonwealth or the Consolidated Revenue of a State, and which is proclaimed by the Governor-General to be a benevolent asylum for the purposes of this Act.

“Claimant” means an applicant for a pension.

“The Commissioner” means the Commissioner of Pensions under this Act.

“Deputy Commissioner” means a Deputy Commissioner of Pensions under this Act.

“Hospital” means any hospital which is wholly or partly maintained by contributions from the Consolidated Revenue Fund of the Commonwealth or the Consolidated Revenue of a State, and which is proclaimed by the Governor-General to be a hospital for the purposes of this Act.

“Income” means any moneys, valuable consideration, or profits earned derived or received by any person for his own use or benefit by any means from any source whatever, whether in or out of the Commonwealth, and shall be deemed to include personal earnings, but not any payment—

(a) By way of benefit from any friendly society registered under any Act or State Act, or

(b) During illness, infirmity, or old-age from any trade union, provident society, or other society or association.

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

“The Minister” means the Minister of State administering this Act.

“Pension” means an invalid or old-age pension under this Act.

“Pensioner” means an invalid or old-age pensioner under this Act.

“Registrar” means a Registrar of Pensions under this Act.

“Relatives” means the husband, wife, or children of a claimant or pensioner, as the case may be.

“This Act” includes all Regulations made thereunder.

(2.) Where, in relation to any…

Overview

The Invalid and Old-age Pensions Act 1908 was enacted to provide for the payment of pensions to individuals who were either invalid or of old age, aiming to address the growing need for social security among the elderly and incapacitated population in Australia. This Act was passed by the Commonwealth Parliament and received royal assent on 10th June 1908. The Act established a structured framework for administering pensions, including provisions for eligibility, claim processes, and payment methods. It also introduced various measures to ensure the integrity of the pension system and prevent fraudulent claims. The policy objective of the Act was to offer financial support and relief to those who were unable to work due to age or disability, thus contributing to the welfare of the Australian community.

Scope and Application

The Invalid and Old-age Pensions Act 1908 applies to individuals who are residents of Australia and are either seeking an old-age pension or an invalid pension. The Act outlines specific eligibility criteria for each type of pension, including age requirements, residency conditions, and disqualifying factors such as criminal convictions or being an inmate in a mental institution. The Act is administered by a Commissioner of Pensions, who has authority over Deputy Commissioners and Registrars to oversee the distribution of pensions, investigate claims, and manage the administrative processes. The Act allows for the delegation of certain powers by the Minister, and it specifies that pensions are to be paid fortnightly and cannot be alienated or assigned. The Act also details the procedures for the assessment and investigation of pension claims, including the role of the Magistrate in corroborating evidence and making recommendations. Additionally, the Act includes provisions for the suspension, cancellation, or forfeiture of pensions under certain circumstances, such as the pensioner's criminal activity, intemperate habits, or departure from Australia. It also includes penalties for various offences related to the fraudulent acquisition of pensions or pension certificates, and mandates that all pensions are granted subject to the terms of the Act and any future amendments.

Key Provisions

  • The Invalid and Old-age Pensions Act 1908 outlines the provisions for the payment of pensions, both invalid and old-age, in Australia. The Act is structured into several parts, each addressing different aspects of pension administration and eligibility. Key sections include the qualifications for receiving pensions, the process for claiming pensions, and the penalties for fraudulent claims or misuse of pension benefits.
  • The Act stipulates that an individual aged 65 or older, or someone permanently incapacitated for work who has reached 60, is eligible for an old-age pension, provided they meet certain conditions. These include being a resident in Australia for at least 25 years, maintaining good character, and not having deprived themselves of property or income to qualify for the pension. Invalid pensions are available to those over 16 who are permanently incapacitated and not receiving an old-age pension, under similar residency and character conditions. Both types of pensions are subject to a maximum annual rate of 26 pounds, adjusted for accumulated property and income.
  • The process for claiming a pension involves submitting a claim to a Registrar, who investigates the claim and refers it to a Magistrate for further scrutiny. The Magistrate makes a recommendation to the Deputy Commissioner, who, with the Commissioner's approval, determines the pension's approval and rate. The Act also provides mechanisms for appealing decisions and modifying or cancelling pensions based on changes in circumstances or misconduct by the pensioner.
  • The Act imposes various obligations on those claiming pensions, including providing truthful information and meeting residency and character requirements. It also imposes penalties for breaches, including imprisonment for making false statements or representations to obtain a pension, and the forfeiture or cancellation of pensions for certain criminal convictions or habitual drunkenness. These penalties underscore the Act's intent to ensure that pension benefits are fairly and honestly distributed to those who genuinely need them.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Offence Provisions
Civil Penalty Provisions
Reporting & Disclosure Obligations
Payment of Pensions
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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.