INVALID AND OLD-AGE PENSIONS.
No. 15 of 1923.
An Act to amend sections seventeen, twenty-two, twenty-four, twenty-six, thirty-one, forty-five, and forty-seven of the Invalid and Old-age Pensions Act 1908-1920.
[Assented to 1st September, 1923.]
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 1923.
(2.) The Invalid and Old-age Pensions Act 1908-1920 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 1908-1923.
Commencement.
2. This Act shall commence on a date to be fixed by proclamation
Conditions as to grant of pension.
3. Section seventeen of the Principal Act is amended by omitting from paragraph (e) thereof the words “Three hundred and ten” and inserting in their stead the words “Four hundred”.
Conditions for grant of invalid pensions.
4. Section twenty-two of the Principal Act is amended by adding at the end of sub-section (2.) thereof the words “or has resided in Australia continuously for twenty years”.
Limit of pension.
5. Section twenty-four of the Principal Act is amended—
(a) by omitting from sub-section (1.) thereof the words “Thirty-nine pounds” (wherever occurring) and inserting in their stead the words “Forty-five pounds ten shillings”; and
(b) by omitting from sub-section (1.) thereof the words “Sixty-five pounds” and inserting in their stead the words “Seventy-eight pounds”.
Computation of income.
6. Section twenty-six of the Principal Act is amended by omitting therefrom the words “Ten shillings” and inserting in their stead the words “Twelve shillings and sixpence”.
Recommendation by magistrate.
7. Section thirty-one of the Principal Act is amended by omitting from sub-section (2.) thereof the words “two shillings” and inserting in their stead the words “three shillings”.
Pensioners entering asylums or hospitals.
8. Section forty-five of the Principal Act is amended by adding at the end thereof the following proviso:—
“Provided that when a pensioner has remained an inmate of a hospital for a period of twenty-eight days he shall, upon the expiration of that period and so long thereafter as he remains an inmate, be entitled to receive a pension at the rate of three shillings per week.”.
9. Section forty-seven of the Principal Act is repealed and the following section inserted in its stead:—
Benevolent Asylum inmates.
“47. If a successful claimant of a pension is an inmate of a benevolent asylum he shall not, so long as he remains an inmate of such asylum, be entitled to receive a full pension but shall be entitled to receive a pension at the rate of three shillings per week.”.
Overview
The Invalid and Old-age Pensions Act 1923, enacted by the Commonwealth Parliament, was introduced to amend the Invalid and Old-age Pensions Act 1908-1920 to address several issues related to pension eligibility, amounts, and conditions. This Act aimed to update and refine the criteria for pension grants, ensuring that the provisions were more inclusive and reflective of the economic changes of the time. The policy objective was to provide a more equitable and adequate pension system for the elderly and invalid, considering factors such as residency requirements, income thresholds, and adjustments to pension amounts to better support pensioners. The Act also included provisions to manage pension payments for those residing in institutions, reflecting a more nuanced approach to pension management.
Scope and Application
The Invalid and Old-age Pensions Act 1923 amends several sections of the Invalid and Old-age Pensions Act 1908-1920, extending and modifying the conditions under which pensions are granted. This Act applies to individuals eligible for invalid or old-age pensions as specified in the Principal Act, which is now referred to as the Invalid and Old-age Pensions Act 1908-1923 post-amendment. The legislation primarily pertains to persons who are either invalid or of old age, as defined by the Principal Act, and adjusts the eligibility criteria, income thresholds, and pension rates. The amendments also extend to the conditions under which pensions are payable to those who reside in asylums or hospitals, with specific provisions for reduced pension rates during such stays.
Geographically, the Act operates within the Commonwealth of Australia, impacting all states and territories under federal jurisdiction. The amendments do not explicitly state any exclusions or exemptions, suggesting a broad application across the eligible population. The Act's provisions are set to commence on a date to be determined by proclamation, indicating a formal initiation process. While the Act itself outlines specific changes, it is likely that further details and operational guidelines are established through subordinate instruments or regulations, which could extend or restrict the application of the Act.
Key Provisions
The Invalid and Old-age Pensions Act 1923 amends and updates several sections of the Invalid and Old-age Pensions Act 1908-1920. Section 3 modifies the income threshold for pension eligibility by raising the limit from three hundred and ten pounds to four hundred pounds. Section 4 expands the eligibility criteria for invalid pensions by adding that a person who has resided in Australia continuously for twenty years is also eligible. Section 5 increases the maximum pension amount for eligible individuals, raising it from thirty-nine pounds to forty-five pounds ten shillings, and adjusts the higher income limit from sixty-five pounds to seventy-eight pounds. Section 6 modifies the computation of income by changing the weekly income deduction from ten shillings to twelve shillings and sixpence. Section 7 raises the amount that a magistrate can recommend for a pension from two shillings to three shillings. Section 8 adds a proviso that a pensioner who has been an inmate in a hospital for twenty-eight days or more is entitled to a pension of three shillings per week for the duration of their stay. Section 9 replaces the previous section 47 by stipulating that if a pension claimant is an inmate of a benevolent asylum, they are only entitled to a pension of three shillings per week while they remain in the asylum.
The Act imposes certain obligations on the parties involved. Pensioners must meet the updated eligibility criteria and income thresholds to qualify for pensions. The amendments require the computation of income to be adjusted according to the new rates, and magistrates must recommend pension amounts in line with the updated guidelines. Additionally, if a pensioner enters a hospital or benevolent asylum, the Act specifies the conditions under which they will continue to receive a pension, and at what reduced rate.
Breach of the provisions in the Invalid and Old-age Pensions Act 1923 could result in various penalties or consequences. While the Act does not explicitly state penalties for non-compliance, breaches of the updated conditions for pension eligibility, income computation, and the rights of pensioners in asylums could lead to administrative actions. These may include the withholding of pension payments or other corrective measures to ensure compliance with the Act's requirements. The maximum penalties are not specified within the Act itself, but legal repercussions could follow in cases of non-compliance, potentially leading to fines or other legal consequences as determined by the relevant authorities.