Invalid and Old-age Pensions Act 1943

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INVALID AND OLD-AGE PENSIONS.

No. 14 of 1943.

An Act to amend the Invalid and Old-age Pensions Act 1908-1942.

[Assented to 29th March, 1943.]

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 1943.

(2.) The Invalid and Old-age Pensions Act 1908–1942 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 1808–1943.

Commencement.

2. This Act shall come into operation on the first day of April, One thousand nine hundred and forty-three, but allowances under Part IVa. of the Principal Act, as amended by this Act, shall not be payable for any period prior to the eighth day of July, One thousand nine hundred and forty-three.

Parts.

3. Section three of the Principal Act is amended—

(a) by inserting after the words “Part IV.—Invalid Pensions.” the words “Part IVa.—Allowances to Wives of Invalid Pensioners.”; and

(b) by inserting before the words “Part VI.—Offences.” the words “Part Va.—Funeral Benefit.”.

Definitions

4. Section four of the Principal Act is amended—

(a) by adding at the end of the definition of “Pension” in sub-section (1.) the words “, and includes an allowance under Part IVa. of this Act.”;

(b) by inserting after that definition the following definition:—“‘Pension certificate’ includes a certificate in respect of an allowance under Part IVa. of this Act.”; and

(c) by adding at the end of the definition of “Pensioner” in sub-section (1.) the words “, and includes a person in receipt of an allowance under Part IVa. of this Act.”.

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 Section fifteen of the Principal Act is repealed and the following section inserted in its stead:—

Who may receive old-age pensions.

“15. Subject to this Act, every person who is not receiving an invalid pension and, being a man, has attained the age of sixty-five years, or, being a woman, has attained the age of sixty years, shall, whilst in Australia, be qualified to receive an old-age pension.”.

6. After Part IV. of the Principal Act the following Part is inserted:—

“Part IVa.—Allowances to Wives of Invalid Pensioners.

Allowances to wives of Invalid pensioners.

“23a.—(1.) Subject to this Act, the wife (not being an invalid or old-age pensioner) of an invalid pensioner shall, whilst in Australia, and so long as her husband continues to be an invalid pensioner, be qualified to receive an allowance under this section.

“(2.) An allowance shall not be payable under this section to a wife who is living apart from her husband.

Amount of allowance.

“23b.—(1.) Subject to this Act, the rate of allowance under the last preceding section shall be such rate as the Commissioner or a Deputy Commissioner determines, but shall not exceed the rate of Thirty-nine pounds per annum.

“(2.) The annual rate at which an allowance under the last preceding section is determined shall be reduced—

(a) by the amount (if any) by which the income of the wife of the invalid pensioner, apart from the allowance, exceeds Thirty-two pounds ten shillings per annum; and

(b) by One pound for every complete Ten pounds by which the net capital value of the accumulated property of the wife of the invalid pensioner exceeds Fifty pounds.

“(3.) The provisions of sections twenty-five and twenty-six of this Act shall be applicable in assessing the net capital value of the accumulated property of the wife of the invalid pensioner and in computing her income for the purposes of this section.

Allowance for child.

“23c.—(1.) Subject to this Act, where a woman—

(a) is in receipt of an allowance under section twenty-three a of this Act;

(b) would, but for the operation of sub-section (2.) of the last preceding section, be entitled to receive an allowance under section twenty-three a of this Act; or

and has the custody, care and control of one or more children under the age of sixteen years, that woman shall, so long as her husband continues to be an invalid pensioner, be qualified to receive an allowance under this section.

“(2.) An allowance shall not be payable under this section to a wife who is living apart from her husband.

“(3.) Subject to this Act, where a man is a married or widowed invalid pensioner and has the custody, care and control of one or more children under the age of sixteen years, he shall, so long as he continues to be an invalid pensioner, be qualified to receive an allowance under this section.

“(4.) Where, but for this sub-section, both a husband and his wife would be qualified to receive an allowance under this section, an allowance shall not be payable to the husband.

“(5.) Where any person in receipt of an allowance under this section no longer has the custody, care and control of any child under the age of sixteen years, that person shall cease to be qualified to receive an allowance under this section.

“(6.) The rate of allowance under this section shall be Thirteen pounds per annum.

Allowances not to be paid in certain circumstances.

“23d. An allowance under this Part shall not be payable—

(a) to a person who is in receipt of a service pension under the Australian Soldiers’ Repatriation Act 1920-1943; or

(b) to a person who is, or whose husband is, an inmate of a benevolent asylum or hospital for the insane.

Pension certificates.

“23e. Where an allowance becomes payable under this Part, the Commissioner or a Deputy Commissioner shall issue to the person to whom the allowance is payable a certificate in accordance with a form approved by the Commissioner.

Cancellation or suspension of allowance.

“23f. The Commissioner or a Deputy Commissioner may, at any time, cancel or suspend any allowance under this Part if he considers it expedient so to do, but any decision of a Deputy Commissioner under this section shall be subject to an appeal to the Commissioner, whose decision shall be final and conclusive.

Interpretation.

“23g. For the purposes of this Part, ‘invalid pensioner’ includes an old-age pensioner who is permanently incapacitated for work.”.

Limit of pension.

7. Section twenty-four of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “a pension” and inserting in their stead the words “an invalid or old-age pension”;

(b) by inserting in sub-section (1a.), before the word “pension”(first occurring), the words “invalid or old-age”;

(c) by omitting from sub-section (1a.) the words “first fortnightly instalment in the next succeeding quarter” and inserting in their stead the words “last fortnightly instalment in the second month of that quarter”;

(d) by omitting from sub-section (2.) the words “a pension” and inserting in their stead the words “an invalid or old-age pension”;

(e) by omitting from sub-section (3.) the words “a pension” (first occurring) and inserting in their stead the words “an invalid or old-age pension”;

Pension Claims.

(f) by omitting from the first proviso to sub-section (3.) the words “a pension” and inserting in their stead the words “an invalid or old-age pension”;

(g) by inserting in the second proviso to sub-section (3.), before the word “pensions” (first occurring), the words “invalid or old-age”; and

(h) by inserting in the third proviso to sub-section (3.), before the word “pension”, the words “invalid or old-age”.

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

(a) by omitting from sub-section (1.) the words “a pension” (first occurring) and inserting in their stead the words “an invalid or old-age pension”; and

(b) by omitting from sub-section (3.) the words “the prescribed form” and inserting in their stead the words “a form approved by the Commissioner”.

Recommendation by Magistrate.

9. Section thirty-one of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “a pension” and inserting in their stead the words “an invalid or old-age pension”; and

(b) by omitting from sub-section (2.) the words “a pension, a pension” and inserting in their stead the words “an invalid or old-age pension, an invalid or old-age pension”.

Determination of claim.

10. Section thirty-three of the Principal Act is amended by omitting from sub-section (3.) the words “the prescribed form” and inserting in their stead the words “accordance with a form approved by the Commissioner”.

Cancellation, &c., of pension.

11. Section thirty-seven of the Principal Act is amended by inserting in sub-section (1.), before the word “pension”, the words “invalid or old-age”.

Pensioner to file statement of income when required.

12. Section thirty-eight of the Principal Act is amended by omitting from sub-section (1.) the words “the prescribed form” and inserting in their stead the words “accordance with a form approved by the Commissioner”.

Payment of pension where pensioner in benevolent asylum.

13. Section forty a of the Principal Act is amended by omitting the words “a pensioner” and inserting in their stead the words “an invalid or old-age pensioner”.

Suspension of pension while pensioner in hospital for insane.

14. Section forty-five of the Principal Act is amended by omitting the words “a pensioner” and inserting in their stead the words “an invalid or old-age pensioner”.

Benevolent asylum inmates.

15. Section forty-seven of the Principal Act is amended—

(a) by omitting the words “a pension” (wherever occurring) and inserting in their stead the words “an invalid or old-age pension”; and

(b) by omitting the words “a pensioner” and inserting in their stead the words “an invalid or old-age pensioner”.

Adjustment of rates of pensions payable to certain pensioners.

16. Section forty-seven a of the Principal Act is amended by inserting before the word “pension” (wherever occurring) the words “invalid or old-age”.

Procedure as to payment of instalments of pensions.

17. Section forty-eight of the Principal Act is amended by omitting from paragraph (b) the words “the prescribed form” and inserting in their stead the words “accordance with a form approved by the Commissioner”.

18. After Part V. of the Principal Act the following Part is inserted:—

“Part Va.—Funeral Benefit.

Funeral benefit.

“48a.—(1.) Subject to this section, there shall be payable in respect of an invalid or old-age pensioner who dies on or after the first day of July, One thousand nine hundred and forty-three, the actual cost of the funeral of the pensioner or the sum of Ten pounds, whichever is the less.

“(2.) A payment under the last preceding sub-section shall be made to the person who has paid, or who is liable to pay, the cost of the funeral or, in the discretion of the Commissioner or a Deputy Commissioner, to the person who has actually borne the cost of the funeral.

“(3.) No payment shall be made under this Part unless a claim therefor, in accordance with a form approved by the Commissioner, is made within six months after the death of the pensioner.

“(4.) No payment shall be made under this section to a person (not being a friendly society registered as such under the law of any State or Territory of the Commonwealth or any other person in relation to whom the Minister or the Director-General of Social Services directs that this sub-section shall not apply) administering a contributory funeral benefit fund.

Payments to be paid from National Welfare Fund.

“48b. Payments under this Part shall be made out of the Trust Account established under the National Welfare Fund Act 1943 and known as the National Welfare Fund.

Offences.

“48c.—(1.) A person shall not—

(a) make, either orally or in writing, a false or misleading statement in connexion with, or in support of, any claim for a payment under this Part;

(b) obtain any payment under this Part which is not payable;

(d) make or present to an officer doing duty in relation to this Part any statement or document which is false in any particular.

Penalty: Fifty pounds or imprisonment for six months.

“(2.) Any person convicted of an offence against this section may, in addition to the penalty imposed for the offence, be ordered to repay to the Commonwealth any amount paid under this Part in consequence of the act in respect of which he was convicted.”.

Regulations.

19. Section fifty-five of the Principal Act is amended by omitting paragraphs (b), (d) and (g).

Overview

The Invalid and Old-age Pensions Act 1943 was enacted to amend the Invalid and Old-age Pensions Act 1908-1942, addressing gaps in pension coverage and benefits. This legislation was passed by the Australian Parliament, aiming to enhance the social security system by extending pension eligibility and benefits. The Act introduces provisions for allowances to the wives of invalid pensioners, including financial support for those with children under sixteen, and establishes a funeral benefit for deceased pensioners. The policy objective is to provide more comprehensive support for pensioners and their families, ensuring that the social security system meets the evolving needs of the population. The Act also sets out the procedures for the payment of these benefits, ensuring they are administered efficiently and effectively.

Scope and Application

The Invalid and Old-age Pensions Act 1943 amends the Invalid and Old-age Pensions Act 1908-1942, extending its provisions to cover additional allowances and benefits for specific individuals within Australia. This Act applies to individuals who are not receiving an invalid pension but have attained the age of sixty-five if male or sixty if female, who are thus eligible to receive old-age pensions. It also provides for allowances to wives of invalid pensioners and to those who have custody of children under sixteen years of age, provided these individuals are not living apart from their invalid pensioner spouse and do not receive a service pension or reside in a benevolent asylum or hospital for the insane. The Act outlines the procedures for the issuance of pension certificates, the determination and adjustment of pension rates, and the cancellation or suspension of pensions. Additionally, it establishes a funeral benefit for deceased invalid or old-age pensioners, specifying the conditions and limitations for the payment of this benefit. The Act's provisions are applicable throughout Australia, with the Commissioner or a Deputy Commissioner having the authority to make determinations and issue certificates as required. The Act can be further extended or modified through subordinate instruments, which may provide specific rules and procedures for the implementation of the legislation.

Key Provisions

The Invalid and Old-age Pensions Act 1943, as it amends the Invalid and Old-age Pensions Act 1908–1942, introduces several significant changes and additions. Most notably, it inserts a new Part IVa, titled "Allowances to Wives of Invalid Pensioners," which qualifies the wife of an invalid pensioner, provided she is not herself an invalid or old-age pensioner, to receive an allowance while in Australia and so long as her husband continues to be an invalid pensioner. This allowance is not payable if the wife is living apart from her husband. Additionally, the Act modifies the eligibility criteria for old-age pensions, now requiring individuals to have attained the age of sixty-five years (for men) or sixty years (for women) to qualify, while in Australia. The Act imposes several obligations on the parties it governs. It mandates the Commissioner or a Deputy Commissioner to determine the rate of allowance for wives of invalid pensioners, ensuring it does not exceed thirty-nine pounds per annum. The Act also stipulates that the allowance amount is to be reduced by the wife's income exceeding thirty-two pounds ten shillings per annum and the net capital value of her accumulated property exceeding fifty pounds. Furthermore, it requires the Commissioner or a Deputy Commissioner to issue a pension certificate upon the payment of an allowance under Part IVa. Additionally, the Act permits the Commissioner or a Deputy Commissioner to cancel or suspend any allowance under Part IVa if deemed necessary, with any decision by a Deputy Commissioner subject to appeal to the Commissioner. The Invalid and Old-age Pensions Act 1943 also establishes offences and penalties for breaches related to funeral benefits. Specifically, it prohibits making false or misleading statements in connection with claims for funeral benefits, obtaining payments that are not payable, making payments by means of false or misleading statements, and presenting false statements or documents to an officer in relation to funeral benefits. The penalties for such offences include a fine of up to fifty pounds, imprisonment for up to six months, or both, and may also include an order for the convicted person to repay any amount paid under the Act as a result of the offence. The Act ensures that such payments are made from the National Welfare Fund.

Area of Law: Social Security Law
Instrument: Act
Concepts: Commencement Provisions; Definitions & Interpretation; Offence Provisions

Interactions

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.

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