INVALID AND OLD-AGE PENSIONS.
No. 53 of 1920.
An Act to amend section twenty-four of the Invalid and Old-age Pensions Act 1908-1919 by increasing the limit of pension and income together in the case of blind pensioners.
[Assented to 2nd December, 1920.]
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 Invalid and Old-age Pensions Act 1920.
(2.) The Invalid and Old-age Pensions Act 1908-1919, as amended by this Act, may be cited as the Invalid and Old-age Pensions Act 1908-1920.
Commencement.
2. This Act shall come into operation on a date to be fixed by proclamation.
Limit of pension.
3. Section twenty-four of the Invalid and Old-age Pensions Act 1908-1919 is amended by inserting at the end of sub-section (1.) thereof the following provisos:—
“Provided that in the case of a permanently blind person who is qualified under this Act to receive a pension, the amount of pension may be at such a rate (not exceeding thirty-nine pounds per annum) as will make the income of the pensioner and of the pensioner’s wife (or husband), together with the pension, equal to an amount not exceeding two hundred and twenty-one pounds per annum or such other amount as is declared by any Act, or by any authority constituted under an Act, to be a basic wage for the portion of the Commonwealth in which the pensioner resides:
Provided further that the income of the husband or wife of a permanently blind person, where the husband and wife are living apart pursuant to any decree, judgment, order or deed of separation, or where there are special reasons which, in the opinion of the Commissioner, are adequate, shall not be taken into account in assessing the rate of pension payable to the blind person.”
Overview
The Invalid and Old-age Pensions Act 1920 was enacted to address the need for increased financial support for blind pensioners, thereby enhancing the provisions of the Invalid and Old-age Pensions Act 1908-1919. This Act was assented to on 2nd December 1920 and was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The key objective of this legislation was to amend section twenty-four of the earlier Act by introducing a proviso that allows for an increased limit on the pension and combined income for blind pensioners. This amendment ensures that the total income, inclusive of the pension, does not exceed a specified amount, which is intended to provide a more equitable and sufficient financial support for those in need.
Scope and Application
The Invalid and Old-age Pensions Act 1920 applies to individuals who are eligible for pensions under the Invalid and Old-age Pensions Act 1908-1919, with a particular focus on permanently blind pensioners. This Act amends the original Act by introducing specific provisions to increase the pension limit for blind pensioners, ensuring that their total income, including the pension, does not exceed a set amount determined by the basic wage in their region. The Act also provides an exemption from income assessments for spouses living apart due to separation or special circumstances deemed adequate by the Commissioner. The Act operates at the Commonwealth level and its provisions are applicable across the entire nation, as established by the proclamation of its commencement date. While the Act itself does not explicitly provide for extensions or restrictions through subordinate instruments, it is understood that further regulations or declarations regarding income thresholds and basic wages may be issued under related legislation or by authorities established under specific Acts, thereby potentially extending or refining the application of this Act.
Key Provisions
The Invalid and Old-age Pensions Act 1920 (hereafter referred to as the "Act") makes specific amendments to the existing Invalid and Old-age Pensions Act 1908-1919. The primary change introduced by the Act is an amendment to Section 24, which now allows for an increased pension limit for permanently blind pensioners (Section 3). The new provisions allow for the pension amount to be set at a rate that, when combined with the pensioner's and their spouse's income, does not exceed a specified amount, which is set at two hundred and twenty-one pounds per annum or the basic wage for the pensioner's area, whichever is higher. This provision ensures that the total income of the pensioner and their spouse does not surpass a certain threshold.
Under the Act, the pensionable income of a blind pensioner's spouse is not considered in the pension assessment if the couple is living apart due to a legal separation or if there are special reasons deemed adequate by the Commissioner. This means that the pension amount will be determined solely based on the pensioner's circumstances and income, providing greater financial support to those who are permanently blind and in need of assistance. The Act outlines clear guidelines for how the pension amounts should be calculated, taking into consideration the pensioner's total income and the applicable income limit.
The Act imposes several obligations and requirements on the parties it governs. The Commissioner, who is likely the head of the relevant government department or agency, is tasked with determining whether special reasons exist for excluding a spouse's income in the pension assessment. This requires the Commissioner to exercise discretion and make informed decisions based on the specific circumstances of each case. Additionally, the Act requires the Commissioner to ensure that the pension amounts are set in accordance with the new provisions, which involve calculating the total income of the pensioner and their spouse and adjusting the pension rate accordingly.
There are potential consequences for breaches of the Act, although specific offences, penalties, or consequences are not detailed in the text provided. In general, non-compliance with pension legislation can lead to legal action, financial penalties, and reputational damage for individuals or entities involved. It is essential for all parties governed by the Act to adhere to its provisions and fulfil their obligations to avoid any adverse outcomes. The maximum penalties for breaches of pension legislation can vary depending on the nature and severity of the offence, but they may include fines, imprisonment, or both.