INVALID AND OLD-AGE PENSIONS.
No. 31 of 1928.
An Act to amend sections four, thirty-one, forty-five and forty-seven of the Invalid and Old-age Pensions Act 1908–1926.
[Assented to 14th September, 1928.]
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 1928.
(2.) The Invalid and Old-age Pensions Act 1908–1926 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 1908–1928.
Commencement.
2. This Act shall commence on a date to be fixed by Proclamation.
Definition of “Income”.
3. Section four of the Principal Act is amended—
(a) by inserting in paragraph (e) of the definition of “Income” after the words “War Pensions Act 1914–1916” the words “or of the Australian Soldiers’ Repatriation Act 1920–1922”;
(b) by omitting from paragraph (g) of the definition of “Income” the words “,to any person who is a dependant within the meaning of that Act” and inserting in their stead the words “or of the Australian Soldiers’ Repatriation Act 1920–1922, to any person who is a dependant within the meaning of either of those Acts,”; and
(c) by adding at the end of the definition of “Income” the following paragraph—
“or (h) where income is being ascertained for the purpose of determining a claim for an old-age pension—by way of war pension under the War Pensions Act 1914–1916, or under the Australian Soldiers’ Repatriation Act 1920–1922, to any person who is a member of the Forces within the meaning of either of those Acts.”.
Recommendation by magistrate.
4. Section thirty-one of the Principal Act is amended by omitting from sub-section (2.) the words “four shillings” and inserting in their stead the words “five shillings and sixpence”.
Pensioners in hospitals.
5. Section forty-five of the Principal Act is amended by omitting from the proviso thereto the words “four shillings” and inserting in their stead the words “five shillings and sixpence”.
Benevolent Asylum Inmates.
6. Section forty-seven of the Principal Act is amended by omitting the words “four shillings” and inserting in their stead the words “five shillings and sixpence”.
Overview
The Invalid and Old-age Pensions Act 1928 was enacted to amend the Invalid and Old-age Pensions Act 1908–1926, addressing specific gaps in the existing legislation. This Act was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into effect on a date determined by proclamation. The primary objective of this Act is to refine the definition of "Income" as it pertains to pensions, ensuring that it encompasses income from the Australian Soldiers’ Repatriation Act 1920–1922 and aligns with the context of war pensions under the War Pensions Act 1914–1916. Additionally, the Act modifies certain financial allowances related to pensioners, increasing the stipend from four shillings to five shillings and sixpence for various categories, including those in magistrate recommendations, hospitals, and benevolent asylums.
Scope and Application
The Invalid and Old-age Pensions Act 1928 amends several sections of the Invalid and Old-age Pensions Act 1908–1926 to provide updated provisions for pensions and related benefits. This Act applies to individuals who are recipients or potential recipients of invalid and old-age pensions, as defined in the Principal Act. It also pertains to those who may receive war pensions under the War Pensions Act 1914–1916 or the Australian Soldiers’ Repatriation Act 1920–1922. The amendments primarily affect the definition of income and the monetary amounts associated with certain pension-related benefits. The Act's jurisdictional reach is national, applying across the Commonwealth of Australia. While the Act itself makes specific amendments, its application may be extended or restricted through subordinate instruments, although such extensions or restrictions are not detailed in the text of the Act itself.
Key Provisions
The Invalid and Old-age Pensions Act 1928 (referred to as the 1928 Act) amends the Invalid and Old-age Pensions Act 1908–1926 (referred to as the Principal Act) by making specific changes to the definition of "Income" and the amount of pension payments. Under Section 3, the definition of "Income" is expanded to include income derived from the War Pensions Act 1914–1916 or the Australian Soldiers' Repatriation Act 1920–1922. This change ensures that pensioners who also receive war pensions or repatriation benefits are appropriately considered in the calculation of their total income for the purposes of their pension eligibility and amount.
The 1928 Act also modifies the financial provisions of the Principal Act, increasing the amounts specified in several sections. For example, Section 4 changes the amount recommended by a magistrate from four shillings to five shillings and sixpence, and Sections 5 and 6 similarly increase the amount paid to pensioners in hospitals and benevolent asylum inmates from four shillings to five shillings and sixpence. These amendments reflect an adjustment in the financial support provided under the Act.
Entities and individuals governed by the Principal Act must adhere to the updated definitions and payment amounts stipulated in the 1928 Act. Pensioners and their representatives should ensure their income and benefits are accurately reported to avoid discrepancies in pension calculations. Additionally, entities such as hospitals and benevolent asylums must adjust their record-keeping and reporting practices to reflect the new payment rates.
Breaches of the provisions of the 1928 Act could result in civil or criminal consequences, although the specific offences, penalties, or consequences are not detailed in the text. However, it is implied that non-compliance with the Act's requirements could lead to legal action or penalties, given the nature of legislative amendments and their enforcement.