Invalid and Old-age Pensions Regulations (Amendment)

Legislation au C1918L00285 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1918. No. 285.

 

REGULATIONS UNDER THE INVALID AND OLD-AGE PENSIONS ACT 1908-1917.

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 1908-1917 to come into operation forthwith.

Dated this twenty-fourth day of October, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. A. WATT,

Treasurer.

 

Regulations under the Invalid and Old-age Pensions Act 1908-1917.

Additions.

The following new clauses to be inserted after Clause 18:—

“18a. The statement relating to income and property which a pensioner may be required to furnish under section 38 (1) of the Act shall be in accordance with Form 37. The Deputy Commissioner may request a postmaster to deliver Form 37 to any pensioner from whom a statement of income and property is required. The request to the postmaster may be in accordance with Form 38.

18b. Where it is necessary to ask the police for a report regarding income and property statements, the request to the police maybe in accordance with Form 39.”

Form 37.

Commonwealth of Australia.

The Invalid and Old-age Pensions Act 1908-1917.

INCOME AND PROPERTY STATEMENT.

Name of Pensioner

Pay Office Certificate No.

The pensioner must answer fully and correctly the questions contained herein, and make the declaration before one of the persons mentioned. The form, when completed, should be returned immediately to the Deputy Commissioner of Pensions. An envelope addressed to the Deputy Commissioner will be handed to the pensioner by the Postmaster.

Should the form not be returned within four weeks, payment of pension will be stopped.

Clause 5 (2) of the Invalid and Old-age Pensions Regulations reads:—

If any person wilfully makes any false statement in any declaration provided for under these Regulations he shall, if subject to no higher penalty under the Act, be liable to a penalty not exceeding One hundred pounds.


Note.—Where the pensioner is married, information is required concerning both husband and wife.

Questions.

ANSWERS.

Information concerning the Pensioner.

Information concerning the Pensioner’s Wife or Husband.

Are you at present in employment ?.......

 

 

(If so, state name and address of employer, and rate of wages)

By whom were you employed during the last twelve months?

 

 

(State names and addresses of employers)

How much did you earn during the last twelve months?

 

 

During the last twelve months did you receive free board or free lodging or both?

 

 

(State which, for how long, and from whom received)

Do you keep a shop, lodging-house, or boarding-house, or conduct a business of any kind, or have you an interest in any shop or business?

 

 

If so, state nature of same ; also gross receipts and profit made during the last twelve months 

 

 

What other income have you received during the last twelve months?

 

 

(Reply should include rents, dividends, interest, or any other similar income, but not income in the form of donations from children, allotments from Members of the Commonwealth Military or Naval Forces, Separation Allowances, or Commonwealth War Pensions)

What house or land property do you own?...

 

 

(Give situation of each house and its value)

 

 

If you own only one house, do you live in it? 

 

 

If you own more than one house, which do you live in? 

 

 

Is any of your property mortgaged or subject to any other debt? 

 

 

(If so, state clearly which property is mortgaged; also the name and address of the person to whom the money is owing, and the amount of the mortgage)

 


Questions.

Answers.

Information concerning the Pensioner.

Information concerning the Pensioner’s Wife or Husband.

Have you a share or interest in any property other than that above mentioned?

 

 

(If so, give particulars)

Do you own any horses, cattle, sheep or other live stock? 

 

 

(Give particulars and value)

Do you own any vehicles, implements, &c...

 

 

(Give particulars and value)

Is your life assured?.................

 

 

(If so, state name of company, number and amount of policy, and when payable)

Have you any money in any bank, savings bank, building society, or other institution, or any cash in hand?             

 

 

(Give details as to amounts, name and address of bank, &c.)

Have you disposed of any property by sale or deed of gift since the pension was granted? 

 

 

(Give full particulars)

Does any person owe you money?........

 

 

(If so, give particulars)

Have you any property or money otherwise invested not previously disclosed in this Statement? 

 

 

What is your present postal address?......

 

 

Declaration.

*Full name of pensioner.

†Address and occupation.

I,*

of†

do hereby declare that I am the pensioner whose income and property are set out in the foregoing Statement, and that the contents of such Statement are true and correct in every particular.

Declared at

 

 

the

day of  19

(Signature of Pensioner.)

†Person before whom declaration is made to add title, such as “Postmaster,” &c.

Before me†

Note.—The declaration may be made before any of the following persons :—A postmaster or postmistress or person in charge of a post office, a police stipendiary or special magistrate of the Commonwealth or of a State, a justice of the peace, a barrister or solicitor, a State school head-teacher, an officer of the Department of Trade and Customs, a member of the police force of the Commonwealth or of a State, a legally qualified medical practitioner, a notary public, a commissioner for affidavits, a registrar under the Invalid and Old-age Pensions Act 1908-1917, a minister of religion, an officer of the Commonwealth department of the Treasury, or a member of the Parliament of the Commonwealth.


Form 38.

Commonwealth of Australia.

The Invalid and Old-age Pensions Act 1908-1917.

The Postmaster,

Under separate cover I am forwarding a supply of Income and Property Statements in respect of certain pensioners paid at your office—also a number of envelopes addressed “Deputy Commissioner of Pensions                                                                                                                                                          .”

The name of each pensioner and the number of the pension has been written on each Income and Property Statement.

On the occasion of the next payment, you will please hand each statement to the pensioner named thereon, together with an addressed envelope, and at the same time request the pensioner to fill in and return the document to the Deputy Commissioner of Pensions without delay.

Deputy Commissioner of Pensions.

Place

Date

 

Form 39.

The Invalid and Old-age Pensions Act 1908-1917.

The Officer in Charge of Police,

Date

Hereunder are the names of some pensioners in your district, together with particulars of the income and property which, according to departmental papers, are possessed by the pensioners and their wives or husbands. I shall be glad if you will kindly indicate whether the police are aware of any income or property not mentioned in this list. It is not expected that the police should visit every pensioner’s home. What is desired is information which may already be in the possession of the police as to any cases in which it would seem that the Department has been given incorrect information.

      Deputy Commissioner of Pensions                                                                                      at

Name of Pensioner and Pensioner’s Wife (or Husband).

Address.

Annual Income.

Property.

Earning.

Rents.

Other Income.

Total.

Home.

Other Homes and Land.

Cash In Bank.

Live stock.

Other Property.

Total.

 

 

 

 

 

 

 

 

 

 

 

 

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.

Overview

The Invalid and Old-age Pensions Act 1908-1917 was enacted to provide pensions to individuals who were invalid or elderly and in need of financial support. The Act was introduced to address the gap in social security for those who could not support themselves due to age or disability. The Invalid and Old-age Pensions Regulations 1918 were made under the authority of the Act to provide further detail on the administration of pensions, including the requirements for pensioners to provide statements of their income and property. The regulations also allow for the request of police reports where necessary to verify the accuracy of the statements. The policy objective of these regulations was to ensure the proper administration of pensions by obtaining accurate information from pensioners and utilising available resources such as postmasters and police to assist in the process.

Scope and Application

The Regulations under the Invalid and Old-age Pensions Act 1908-1917 primarily apply to pensioners and those responsible for the administration of pensions, including the Deputy Commissioner of Pensions and postmasters. These regulations govern the process of requesting and verifying income and property statements from pensioners, ensuring compliance with the Act. The geographic reach of these regulations is nationwide, as they pertain to the administration of pensions across the Commonwealth of Australia. The regulations establish specific forms (Forms 37, 38, and 39) for the submission of income and property statements, the request to postmasters for delivering these forms, and the request to police for any unreported income or property information. The regulations also include penalties for making false statements, with a maximum penalty of One Hundred Pounds if no higher penalty applies under the Act. These regulations serve to extend and detail the application of the Invalid and Old-age Pensions Act by providing a structured process for the verification of pensioners’ financial circumstances.

Key Provisions

The regulations under the Invalid and Old-age Pensions Act 1908-1917, which are established by Statutory Rules 1918 No. 285, introduce several key provisions. Clause 18a mandates that pensioners must furnish a statement of income and property in accordance with Form 37, which should be delivered by a postmaster upon request by the Deputy Commissioner. This form requires detailed information about the pensioner's income, property, and any other relevant financial details. Similarly, Clause 18b authorises the Deputy Commissioner to request police reports regarding the accuracy of income and property statements using Form 39. These forms are designed to ensure transparency and accuracy in the pension application and review process. The regulations impose specific obligations on various parties involved. Pensioners are required to complete the income and property statement form accurately and return it within four weeks, or risk having their pension payments stopped. Postmasters have the duty to deliver the form to the pensioners along with an addressed envelope for submission to the Deputy Commissioner. Police officers, on the other hand, are expected to provide any information in their possession that might indicate discrepancies in the pensioners' reported income and property. These obligations are essential to maintain the integrity of the pension system and to ensure that benefits are distributed fairly and accurately. Under Clause 5 (2) of the Invalid and Old-age Pensions Regulations, any person found to wilfully make a false statement in any declaration is subject to a penalty not exceeding One Hundred Pounds, provided no higher penalty applies under the Act. This provision underscores the seriousness with which the law treats the provision of false information, reflecting a commitment to uphold the accuracy and reliability of the pension system. The consequences for such breaches are designed to deter fraudulent activities and maintain the trust in the pension process.

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Social Security Law
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Regulation
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Definitions & Interpretation
Reporting & Disclosure Obligations
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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.