STATUTORY RULES.
1936. No. 140.
REGULATIONS UNDER THE INVALID AND OLD-AGE PENSIONS ACT 1908–1936.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Invalid and Old-age Pensions Act 1908–1936.
Dated this First day of October, 1936.
Governor-General.
By His Excellency’s Command,
Treasurer.
Amendments of the Invalid and Old-age Pensions Regulations.†
1. Regulation 12 of the Invalid and Old-age Pensions Regulations is repealed and the following regulation inserted in its stead:—
Calculation of pension.
“12.—(1.) In calculating the maximum pension which may be recommended, there shall be deducted from the total amount per annum which may for the time being be received by a pensioner by way of income and pension the amount of the claimant’s income, including income from accumulated property, and from the balance remaining, or from the maximum rate of pension for the time being determined by the Commissioner under sub-section (1a.) of section 24 of the Act or sub-section (2.) of section 4 of the Financial Relief Act (No. 2) 1936, whichever is lower in amount, there shall be deducted an amount, calculated as directed in sub-section (2.) of section 24 of the Act, in respect of the net capital value of the claimant’s accumulated property.
“(2.) In the case of a permanently blind claimant the amount of pension which may be recommended shall be calculated by deducting from the total amount per annum which may for the time being be received by the blind pensioner and by the blind pensioner’s wife (or husband) by way of income and pension, or from 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 claimant resides, the amount of the income of the claimant and of the
* Notified in the Commonwealth Gazette on , 1936.
† Statutory Rules 1926, No. 178, as amended by Statutory Rules 1929, Nos. 9 and 110; 1930, Nos. 4 and 11; 1931, No. 91; 1932, No. 122; 1933, Nos. 4, 41, 63 and 144; 1934, Nos. 12, 59, 112 and 142; and 1935, Nos. 21 and 57.
5061.—8/23.9.1936.—Price 3d.
claimant’s wife or husband, as the case may be, including income from accumulated property, and from the balance remaining, or from the maximum rate of pension for the time being determined by the Commissioner under sub-section (1a.) of section 24 of the Act or sub-section (2.) of section 4 of the Financial Relief Act (No. 2) 1936, whichever is lower in amount, there shall be deducted an amount, calculated as directed in sub-section (2.) of section 24 of the Act, in respect of the net capital value of the claimant’s accumulated property.”.
Pensioner in benevolent asylum &c.
2. Regulation 32 of the Invalid and Old-age Pensions Regulations is amended by inserting in sub-regulation (2), after the words “Five shillings” (wherever occurring), the words “and sixpence”.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1936 No. 140, Regulations under the Invalid and Old-age Pensions Act 1908–1936, were enacted to amend the existing regulations concerning the calculation and provision of pensions for invalid and elderly individuals in Australia. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the Commonwealth's commitment to updating pension policies to better serve those in need. The policy objective of these regulations was to ensure that pensions are calculated accurately and fairly, taking into account the claimant's income and accumulated property, and to provide a reliable and supportive financial safety net for the elderly and disabled population.
Scope and Application
The Statutory Rules 1936 No. 140, Regulations under the Invalid and Old-age Pensions Act 1908–1936, are applicable to individuals who are receiving or seeking to receive pensions under the Act, including those who are permanently blind. These regulations specify the calculation of pension amounts, taking into account the claimant's income and accumulated property. The legislation applies across the Commonwealth of Australia, as it is enacted under federal authority. However, the specific calculation of pension may vary based on the region, particularly when considering the basic wage for the portion of the Commonwealth where the claimant resides. Notably, the regulations also include adjustments for pensioners who are in benevolent asylum, reflecting the comprehensive approach to pension eligibility and calculation. The regulations may be further modified or extended through subordinate instruments, ensuring that the pension system remains responsive to changing circumstances and needs.
Key Provisions
The Invalid and Old-age Pensions Regulations 1936, made under the Invalid and Old-age Pensions Act 1908–1936, include significant amendments to how pensions are calculated and the treatment of pensioners in benevolent asylums. Section 12 of the Regulations introduces a new method for calculating the maximum pension, which involves a detailed deduction process based on the pensioner's total annual income and the net capital value of their accumulated property (section 12(1)). For permanently blind claimants, the pension calculation considers the total annual income of both the claimant and their spouse, with similar deductions applied (section 12(2)). These provisions aim to ensure that pensions are fairly calculated based on the financial circumstances of the claimant.
The Regulations impose obligations on both the pensioner and the relevant authorities. Pensioners must provide accurate information about their income and property to ensure that their pension is calculated correctly. The Commissioner, under the direction of the Act, is responsible for determining the maximum rate of pension and calculating the deductions related to the net capital value of the pensioner's property (section 12(1a), (2)). Authorities are also required to ensure that any changes to the pension regulations are communicated effectively and implemented in a timely manner.
Breaches of the provisions within these Regulations can result in civil or criminal consequences. While specific offences and penalties are not detailed in the text, it is implied that non-compliance with the pension calculation and reporting requirements could lead to penalties under the Act. The maximum penalties for such breaches would depend on the nature and severity of the non-compliance, but could include fines or other legal actions as stipulated by the Invalid and Old-age Pensions Act 1908–1936.