Invalid and Old-age Pensions Act 1946

Legislation au C1946A00026 Not in force Act

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INVALID AND OLD-AGE PENSIONS.

 

No. 26 of 1946.

An Act to amend the Invalid and Old-age Pensions Act 1908-1945.

[Assented to 13th August, 1946.]

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 1946.

(2.) The Invalid and Old-age Pensions Act 1908-1945 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 1908-1946.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.


Necessary conditions—old-age pensions.

3. Section seventeen of the Principal Act is amended by omitting from paragraph (e) the words “Four hundred” and inserting in their stead the words “Six hundred and fifty”.

Necessary conditions—invalid pensions.

4. Section twenty-two of the Principal Act is amended—

(a) by adding at the end of paragraph (f) of sub-section (1.) the word “and”;

(b) by omitting from paragraph (g) of sub-section (1.) the word “and”;

(c) by omitting paragraph (h) of sub-section (1.); and

(d) by inserting after sub-section (1.) the following sub-section:—

“(1a.) A person under the age of twenty-one years shall not be qualified to receive an invalid pension if his parents, either severally or collectively, adequately maintain him.”.

Amount of pension.

5. Section twenty-three of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “, and the fact that his parents, either severally or collectively, contribute to his maintenance,”; and

(b) by inserting after sub-section (1.) the following sub-section:—

“(1a.) In the case of an applicant under the age of twenty-one years, the Commissioner or Deputy Commissioner shall also have regard to the fact that the applicant’s parents, either severally or collectively, contribute to his maintenance.”.

Amount of allowance.

6. Section twenty-three b of the Principal Act is amended—

(a) by omitting from paragraph (a)of sub-section (2.) the words

“Thirty-two pounds ten shillings” and inserting in their stead the words “Fifty-two pounds”; and

(b) by omitting paragraph (b)of sub-section (2.) and inserting

in its stead the following paragraph:—

“(b) by an amount ascertained as follows:—

(i) if the net capital value of the accumulated property of the wife of the invalid pensioner exceeds Fifty pounds but does not exceed Four hundred pounds—by One pound for every complete Ten pounds by which the net capital value of that property exceeds Fifty pounds; or

(ii) if the net capital value of the accumulated property of the wife of the invalid pensioner exceeds Four hundred pounds—by the sum of Thirty-five pounds together with Two pounds for every complete Ten pounds by which the net capital value of that property exceeds Four hundred pounds.”.


Limit of pension.

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

(a) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) The annual rate at which the amount of an invalid or old-age pension is determined shall be reduced by an amount ascertained as follows:—

(a) if the net capital value of the accumulated property of the pensioner exceeds Fifty pounds but does not exceed Four hundred pounds—by One pound for every complete Ten pounds by which the net capital value of that property exceeds Fifty pounds; or

(b) if the net capital value of the accumulated property of the pensioner exceeds Four hundred pounds—by the sum of Thirty-five pounds together with Two pounds for every complete Ten pounds by which the net capital value of that property exceeds Four hundred pounds.”;

(b) by omitting from sub-section (3.) the words “Thirty-two pounds ten shillings” and inserting in their stead the words “Fifty-two pounds”; and

(c) by omitting from the first and second provisos to sub-section (3.) the words “Two hundred and sixty pounds” and inserting in their stead the words “Two hundred and seventy-nine pounds ten shillings”

Assessment of value of accumulated property.

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

(a) by omitting from paragraph (a) the word “All” and inserting in its stead the words “Subject to this section, all”; and

(b) by omitting paragraph (b) and inserting in its stead the following paragraphs:—

“(b) There shall be disregarded—

(i) the value of any property which is owned by the claimant or pensioner or by his spouse and is the permanent home of the claimant or pensioner;

(ii) the value of any furniture and personal effects;

(iii) the surrender value of any life insurance policy or policies, but the total amount disregarded under this sub-paragraph shall not exceed Two hundred pounds;

(iv) the capital value of any life interest or annuity;

(v) the value of any contingent interest;

(vi) the present value of any reversionary interest or interests, but the total amount disregarded under this sub-paragraph shall not exceed Five hundred pounds; and


(vii) the value of any property (not being a contingent or reversionary interest) to which the claimant or pensioner or his spouse is entitled from the estate of a deceased person but which has not been received by the claimant or pensioner or by his spouse:

“(ba) There shall be deducted the amount of any charge or encumbrance lawfully existing on the property, other than property the value of which is disregarded under the last preceding paragraph:”.

 

Overview

The Invalid and Old-age Pensions Act 1946, enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, serves as an amendment to the Invalid and Old-age Pensions Act 1908-1945. This legislation was introduced to address issues and gaps within the existing pension framework, particularly focusing on the qualifications and amounts associated with invalid and old-age pensions. The policy objective appears to be to ensure that pensions are adequately adjusted to meet the changing needs of the populace, taking into account factors such as property values and the ability of parents to support their children. The Act makes several significant amendments, including raising the age limit for old-age pensions, altering the criteria for invalid pensions, and adjusting the amounts and limits of both pensions and allowances. Notably, it introduces a new qualification for invalid pensions, stating that a person under the age of twenty-one will not be eligible if their parents can adequately maintain them. Additionally, the Act modifies the assessment of accumulated property values to determine pension amounts more accurately, while also adjusting the specific figures related to pension values and limits.

Scope and Application

The Invalid and Old-age Pensions Act 1946 amends the existing Invalid and Old-age Pensions Act 1908-1945 to revise the eligibility criteria, assessment, and amount of pensions and allowances provided under the Act. The Act applies to individuals seeking to receive either invalid or old-age pensions under the legislation, focusing on those who meet the necessary conditions for eligibility and the financial means assessments required for determining the amount and limits of pensions. The Act's provisions extend to all persons within the Commonwealth of Australia, as it is a federal law. Notably, the Act excludes individuals under the age of twenty-one from receiving invalid pensions if their parents adequately maintain them. The application of the Act is further refined through various amendments to the Principal Act, including adjustments to the age threshold for eligibility, the specific conditions for receiving a pension, the amount of pension, and the assessment of accumulated property. The Act also includes provisions for the reduction of pension amounts based on the net capital value of the accumulated property of the pensioner or their spouse.

Key Provisions

The Invalid and Old-age Pensions Act 1946 amends the previous Invalid and Old-age Pensions Act 1908-1945, with specific changes to eligibility and calculation of pensions and allowances. Section 3 increases the age limit for eligibility for an old-age pension from four hundred to six hundred and fifty. Section 4 makes several changes to the eligibility criteria for invalid pensions, including prohibiting those under twenty-one years old from receiving a pension if their parents adequately maintain them, and adjusting the conditions under which a pension may be granted. Section 5 amends the method by which pensions are calculated, removing the requirement to consider parental contributions to maintenance for those under twenty-one, while Section 6 changes the amount of pension and the conditions for additional allowances based on the accumulated property of the pensioner or their spouse. The Act imposes specific obligations on applicants for pensions and their families. It mandates that the Commissioner or Deputy Commissioner must consider the financial contributions of the parents of an applicant under twenty-one years old when determining their eligibility and amount of pension. Additionally, the Act requires the assessment of the net capital value of accumulated property, with certain exclusions and deductions, to determine the pension amount and any reductions due to property holdings. These assessments are crucial for the accurate calculation of benefits, ensuring that pensions are awarded based on the financial situation and needs of the applicants. Breach of the provisions in the Invalid and Old-age Pensions Act 1946 can lead to civil and criminal consequences, although specific offences and penalties are not detailed in the text. The Act likely incorporates general legal principles where non-compliance with statutory requirements could result in penalties as prescribed by the broader legal framework. For instance, providing false information or failing to disclose relevant financial details could be considered fraudulent acts, attracting fines or imprisonment as per the relevant criminal statutes. Additionally, administrative penalties may be imposed for non-compliance with assessment and reporting requirements.

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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.