INVALID AND OLD-AGE PENSIONS.
No. 11 of 1937.
An Act to amend sections twenty-four, thirty-one, forty-five and forty-seven of the Invalid and Old-age Pensions Act 1908–1936.
[Assented to 2nd September, 1937.]
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 1937.
(2.) The Invalid and Old-age Pensions Act 1908-1936 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 1908–1937.
Limit of pension.
2. Section twenty-four of the Principal Act is amended by omitting sub-sections (1.), (1a.), (1b.) and (1c.) and inserting in their stead the following sub-section:—
“(1.) Subject to this Act, the amount of a pension shall in each case be at such rate as, having regard to all the circumstances of the case, the Commissioner or Deputy Commissioner who determines the pension claim deems reasonable and sufficient, but shall not in any event exceed the rate of Fifty-two pounds per annum, nor shall it be at such a rate as will make the pensioner’s income, together with pension, exceed Eighty-four pounds ten shillings per annum:
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 Fifty-two 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-seven pounds ten shillings 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.”.
Pension on recommendation by Magistrate.
3. Section thirty-one of the Principal Act is amended by omitting from sub-section (2.) the words “Five shillings and sixpence” and inserting in their stead the words “Six shillings”.
Pension while pensioner in hospital, &c.
4. Section forty-five of the Principal Act is amended by omitting from the proviso thereto the words “Five shillings and sixpence” and inserting in their stead the words “Six shillings”.
Benevolent asylum inmates.
5. Section forty-seven of the Principal Act is amended by omitting the words “Five shillings and sixpence” and inserting in their stead the words “Six shillings”.
Overview
The Invalid and Old-age Pensions Act 1937 was enacted to amend specific sections of the Invalid and Old-age Pensions Act 1908-1936, thereby addressing issues related to the pension amounts and certain other provisions. This Act was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, reflecting a coordinated effort to refine the pension system. The policy objective underpinning this legislation was to adjust the pension rates and certain financial thresholds to better align with contemporary economic conditions and needs of pensioners, particularly those with special circumstances such as blindness or separation from a spouse.
This amendment aimed to ensure that pensions were set at reasonable and sufficient rates while preventing the combined income from exceeding specified limits, thereby maintaining a balance between support and financial independence for pensioners. The Act also updated certain monetary values within the legislation to reflect changes in economic standards, thus ensuring the relevance and effectiveness of the pension provisions.
Scope and Application
The Invalid and Old-age Pensions Act 1937 amends several sections of the Invalid and Old-age Pensions Act 1908-1936 to adjust the rates and conditions for pensions provided to individuals under the Act. This Act applies to individuals who are eligible for pensions under the Principal Act, which includes invalid and old-age pensioners, as well as those who are permanently blind and meet the eligibility criteria. The changes introduced by the 1937 Act primarily focus on adjusting the limits of pensionable income and the rates of pension payable. The Act has a national reach, applying across the Commonwealth of Australia as it is a federal law. The Act does not explicitly state exclusions or exemptions, but it does specify conditions under which certain income is not taken into account when determining the pension rate. Additionally, the Act can extend or restrict its application through subordinate instruments, which may provide further clarification or additional provisions regarding the administration and implementation of the pensions.
Key Provisions
The Invalid and Old-age Pensions Act 1937 amends several sections of the Invalid and Old-age Pensions Act 1908–1936, most notably sections 24, 31, 45, and 47. Section 24 of the Act establishes that the pension amount will be determined by the Commissioner or Deputy Commissioner, considering all relevant circumstances, but will not exceed fifty-two pounds per annum. It also states that the pensioner's total income, including the pension, cannot exceed eighty-four pounds ten shillings per annum. Additionally, for permanently blind pensioners, the pension amount may be set in such a way that their total income, including that of their spouse, does not exceed two hundred and twenty-seven pounds ten shillings per annum, or the declared basic wage for their region. Section 31 increases the amount paid to a pensioner while they are in hospital from five shillings and sixpence to six shillings. Similarly, section 45 and 47 also increase the amount paid to a pensioner while they are in hospital, or to benevolent asylum inmates, from five shillings and sixpence to six shillings.
Under the Invalid and Old-age Pensions Act 1937, the Commissioner or Deputy Commissioner is responsible for determining the amount of pension payable to eligible individuals, ensuring it adheres to the specified limits and conditions. They must consider all relevant circumstances when setting the pension rate and ensure that the total income of the pensioner, including the pension, does not exceed the prescribed limits. Additionally, the Commissioner or Deputy Commissioner must take into account the special circumstances of permanently blind pensioners and their spouses, as well as the increased amounts payable to pensioners in hospital or benevolent asylum inmates. The Act imposes a responsibility on these officials to administer the pension scheme fairly and in accordance with the law.
The Invalid and Old-age Pensions Act 1937 does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, it is likely that any breaches of the Act would be subject to the general provisions of the Invalid and Old-age Pensions Act 1908–1936, which could potentially include fines or imprisonment. The Act's purpose is to ensure that pensions are paid in a fair and consistent manner, and any breaches of this purpose could result in legal action being taken against the responsible parties. The specific penalties for such breaches would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions.