Invalid and Old-age Pensions Act 1912

Legislation au C1912A00027 Not in force Act

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INVALID AND OLD-AGE PENSIONS.

 

No. 27 of 1912.

An Act to amend sections four, sixteen, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, forty, and forty-nine of the Invalid and Old-age Pensions Act 19081909, and to amend that Act in relation to blind persons and the punishment of offences.

[Assented to 24th December, 1912.]

BE it enacted by the Kings 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 Invalid and Old-age Pensions Act 1912.

(2.) The Invalid and Old-age Pensions Act 19081909 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Invalid and Old-age Pensions Act 19081912.

Amendment of s. 4.

2. Section four of the Principal Act is amended—

(a) by inserting at the end of paragraph (c) in the definition of the word Income the word or; and

(b) by inserting in the definition of the word Income after paragraph (c) the following paragraph—

(d) By way of gift or allowance from his son, daughter, step-son, step-daughter, grand-son, grand-daughter, or legally adopted son or daughter.

Amendment of s. 16.

3. Section sixteen of the Principal Act is amended by omitting paragraph (b) and the proviso from sub-section (1) thereof.

4. After section twenty of the Principal Act the following section is inserted—

Pension where person permanently blind.

20a. Subject to this Act, every permanently blind person above the age of sixteen years who is not qualified under section twenty to receive an invalid pension and who is not receiving an old-age pension shall, whilst in Australia, be qualified to receive an invalid pension.


Amendment of s. 22.

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

(a) by omitting paragraph (c) therefrom and inserting in its stead the following paragraph:—

(c) he has, whilst in Australia, become permanently incapacitated or blind; and

(b) by adding thereto the following sub-section:—

(2.) For the purposes of an invalid pension, a person who is afflicted with a congenital defect and who is rendered permanently incapacitated or blind thereby shall be regarded as having become permanently incapacitated or blind whilst in Australia if he was brought into Australia before attaining the age of three years.

Amendment of s. 23

6. Section twenty-three of the Principal Act is amended by adding to sub-section (2.) thereof the following proviso:—

Provided that the examination may be dispensed with if the claimant resides in a place remote from any duly qualified medical practitioner or where medical testimony conflicts the Commissioner shall have power to decide the application.

Amendment of s. 24.

7. Section twenty-four of the Principal Act is amended by omitting sub-section (2.) and inserting the following sub-section in its stead:—

(2.) Where the pensioner has accumulated property, the amount of a pension shall be subject to a deduction of One pound for every complete Ten pounds by which the net capital value of the accumulated property exceeds Fifty pounds:

Provided that, where both husband and wife are pensioners, except where they are living apart pursuant to any decree, judgment, order, or deed of separation, the deduction in the case of each of them shall be One pound for every complete Ten pounds by which the net capital value of the accumulated property exceeds Twenty-five pounds.

Amendment of s. 25.

8. Section twenty-five of the Principal Act is amended—

(a) by inserting in paragraph (b) after the words there shall be deducted the words the capital value of a home in which the pensioner permanently resides and; and

(b) by inserting in paragraph (b) after the words existing on the property the words other than the home.

Amendment of s. 26.

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

(a) by omitting the word and at the end of paragraph (a);

(b) by inserting at the end of paragraph (b) the following words:—

Provided that, if for any special reason the Commissioner is of opinion that this paragraph should not apply in any particular case, he may direct that it shall not apply; and and


(c) by adding thereto the following paragraph:—

(c) every blind male person under the age of sixty-five years, and every blind female person under the age of sixty years, shall be deemed to be earning wages equal to the amount which he or she could earn by reasonable effort.

Amendment of s. 27.

10. Section twenty-seven of the Principal Act is amended by omitting from sub-section (4.) the word indictable and by omitting from that sub-section the words Five years imprisonment and inserting in their stead the words One hundred pounds or imprisonment for one year.

Amendment of s. 40.

11. Section forty of the Principal Act is amended by omitting sub-section (4.) therefrom, and inserting in its stead the following sub-section:—

(4.) It shall not be lawful for the Deputy Commissioner or a Registrar to waive the forfeiture of any fortnightly instalment unless waiver of such forfeiture is applied for within the prescribed time.

Amendment of s. 49.

12. Section forty-nine of the Principal Act is amended—

(a) by omitting paragraph (a) therefrom and inserting in its stead the following paragraph:—

(a) wilfully make any false statement or representation to obtain a pension certificate, or pension, or any instalment of a pension, or to deceive any officer, or to affect the rate of any pension; orand

(b) by inserting after the wordPenalty: the words One hundred pounds or.

13. Section fifty of the Principal Act is repealed and the following section inserted in its stead:—

Summary punishment.

50. All offences against this Act shall be punishable on summary conviction.

 

Overview

The Invalid and Old-age Pensions Act 1912 was enacted to amend the Invalid and Old-age Pensions Act 1908–1909, addressing various issues related to pension eligibility, penalties for fraud, and the administration of pension benefits. This Act was introduced by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to enhance the social security framework for pensioners, particularly focusing on the inclusion of permanently blind individuals and adjustments to penalties for fraudulent activities. It aimed to provide a more comprehensive and equitable pension system by amending provisions related to income definitions, pension eligibility criteria for blind individuals, and the penalties associated with pension fraud. The Act sought to improve the administration of pension benefits by allowing the Commissioner discretion in certain cases and providing clearer guidelines for determining pension eligibility and amounts. The amendments also introduced specific penalties for those who make false statements to obtain pensions, thereby reinforcing the integrity of the pension system and ensuring that benefits are distributed fairly to those genuinely in need.

Scope and Application

The Invalid and Old-age Pensions Act 1912 amends the Invalid and Old-age Pensions Act 1908–1909 to introduce changes affecting individuals and entities involved in the administration and receipt of pensions. The Act applies to any individual who qualifies for an invalid or old-age pension and any person involved in the administration of these pensions under the Principal Act, which is now referred to as the Invalid and Old-age Pensions Act 1908–1912. The amendments affect the eligibility criteria for receiving pensions, the assessment of income for pension purposes, and the penalties for offences related to pension fraud. The Act extends its jurisdictional reach across the Commonwealth of Australia, thereby impacting all states and territories uniformly. Notably, the Act introduces specific provisions for permanently blind individuals and those who are permanently incapacitated due to congenital defects, providing them with a pathway to receiving pensions. The amendments also adjust the financial assessments related to accumulated property and pensions, the examination requirements for pensioners, and the penalties for offences under the Act, thereby affecting both pensioners and administrators alike.

Key Provisions

The Invalid and Old-age Pensions Act 1912 (sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12) amends the Invalid and Old-age Pensions Act 1908–1909 in several key ways. Most notably, it modifies the definition of "income" to include gifts or allowances from family members (section 2(b)). It removes certain criteria for pension qualification and introduces a new provision for pensions for permanently blind individuals over the age of sixteen (sections 3 and 4). It also adjusts the conditions under which a person is considered permanently incapacitated or blind (section 5), modifies the requirements for medical examinations (section 6), and alters the pension calculation based on accumulated property (section 7). Further amendments address the valuation of a pensioner’s home (section 8), establish a deemed income for blind individuals (section 9), and change the penalties for certain offences (section 10). The Act imposes various obligations on the parties it governs, such as the requirement for pensioners to accurately report their income, including gifts from family members (section 2(d)). It also mandates that pensioners with accumulated property above a certain threshold have their pension reduced accordingly (section 7). Additionally, it requires that blind individuals under certain ages be considered as earning a specific income (section 9). The Act mandates that pension applications may be processed without a medical examination under specific conditions, such as when a claimant resides in a remote area or when medical opinions conflict (section 6). The Act sets out specific offences and penalties for breaches of its provisions. For instance, it outlines penalties for making false statements or representations to obtain a pension or to deceive an officer, with penalties including a fine of up to One hundred pounds or imprisonment for one year (sections 10 and 12). The Act also specifies that offences under it are punishable on summary conviction, meaning that they can be tried in a lower court without a jury (section 13).

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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.