Invalid and Old-age Pensions Regulations (Amendment)

Legislation au C1934L00059 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1934. No. 59.

_________

REGULATION UNDER THE INVALID AND OLD-AGE PENSIONS ACT 1908-1933.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following regulation under the Invalid and Old-age Pensions Act 1908-1933.

Dated this sixteenth day of May, 1934.

Governor-General.

By His Excellency’s Command,

for Treasurer.

_______

Amendment of Invalid and Old-age Pensions Regulations.

(Statutory Rules 1926, No. 178, as amended to this date.)

Form 23.

Form 23 in the Invalid and Old-age Pensions Regulations is repealed and the following Form inserted in its stead:—

Commonwealth of Australia. Form 23.

The Invalid and Old-age Pensions Act 1908-1933.

INCOME AND PROPERTY STATEMENT.

Directions.—The pensioner must answer fully and correctly the questions contained in this form, and make the declaration before one of the persons mentioned at the foot of the form.

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

The form will be handed to the pensioner by the Postmaster, and when completed should be returned immediately to the Postmaster.

A pensioner who wilfully makes a false statement in reply to any question contained in this form is liable to be prosecuted in a Court of Law, which may impose a penalty not exceeding One hundred pounds. In addition his pension may be cancelled.

Important.—All questions must be answered in words. Strokes will not be accepted.

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

QUESTIONS.

ANSWERS.

Information concerning the Pensioner.

Information concerning the Pensioner’s Wife or Husband.

What is your full name and your present postal address? 

 

 

At what post office is your pension paid? 

 

 

What is your pension certificate number? 

 

 

1788.—6/12.5.1934.—Price 3d.


QUESTIONS.

ANSWERS.

Information concerning the Pensioner.

Information concerning the Pensioner’s Wife or Husband.

What is your fortnightly rate of pension?.......

 

 

Are you single, married, widower, widow, or divorcee? 

(State which.)

 

 

If married, is your husband or wife a pensioner?..

 

 

Have you been employed during the last twelve months? 

(If so, state names and addresses of employers.)

 

 

State the amount you earned during the last twelve months and the rate of wages you are receiving at present.             

 

 

Do you receive board and lodging either free or in return for services? 

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

 

 

Are you in receipt of a War Pension or any other allowance from the Repatriation Department or any other pension or superannuation allowance?             

(If so, give full particulars.)

 

 

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 state 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 income.)

 

 

Do you own or have you an interest in any house or land property? Property includes freehold, leasehold and property being purchased by instalments.             

(Give situation of each property and its value.)

 

 

If you own or have an interest in only one house, do you live in it? 

 

 

If you own or have an interest in more than one house, which do you live in? 

 

 

Is any of your property subject to a mortgage or other encumbrance? 

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

 

 



QUESTIONS

ANSWERS.

Information concerning the Pensioner.

Information concerning the Pensioner’s Wife or Husband.

Do you own any horses, cattle, sheep or other live-stock or any vehicles, implements, &c.?

(If so, give particulars and value.)

 

 

Have you any interest in a deceased estate, or under any Settlement, Deed of Gift, or Deed or Declaration of Trust?             

(If so, give particulars.)

 

 

Is your life insured?.....................

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

 

 

Have you disposed of any real or personal property by sale, transfer or Deed of Gift since the pension was granted?             

(If so, give full particulars.)

 

 

Do you own any Government or other Bonds or Stock or Industrial shares or have you lent money to any person on mortgage or in any other manner?             

(If so, give particulars.)

 

 

Have you any real or personal property not elsewhere disclosed in this Statement? 

(If so, give particulars.)

 

 

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

(If so, give details as to amounts, name and address of bank, &c.)

 

 

What are the names and present addresses of your husband, wife, father, mother, and children over 21 years of age?             

This information should be furnished on a sheet of paper which must be returned with this Statement.

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.)

Before me, ‡

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

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 permanent officer of the Postmaster-General’s Department whose duties include the payment of invalid or old-age pensions, 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 commissioner for declarations, a registrar under the Invalid and Old-age Pensions Act 1908-1933, a minister of religion, an officer of the Commonwealth Department of the Treasury, a councillor of any municipality or shire, or a member of the Parliament of the Commonwealth or of any State.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Invalid and Old-age Pensions Regulations 1934 were introduced to address the need for more comprehensive and accurate reporting of income and property details by pension recipients under the Invalid and Old-Age Pensions Act 1908-1933. Enacted by the Governor-General in Council, these regulations aimed to ensure that pension recipients provided truthful and complete information about their financial circumstances, thus maintaining the integrity of the pension system and ensuring that benefits were appropriately allocated. The policy objective was to streamline the process of pension administration by standardising the form used for income and property declarations, thereby facilitating more effective oversight and compliance checks.

Scope and Application

The regulation under the Invalid and Old-age Pensions Act 1908-1933, as outlined in Statutory Rules 1934, No. 59, primarily concerns the amendment of Form 23, which is integral to the process of assessing the income and property of individuals receiving pensions. This form is required to be filled out by pensioners, including both the pensioner and, if applicable, their spouse, and must be completed truthfully and accurately, with responses given in words rather than strokes. The form is to be returned to the Postmaster within four weeks, or pension payments will cease. The regulation imposes strict penalties, including potential prosecution and fines up to One hundred pounds, for those who wilfully provide false information. The regulation applies nationwide, extending to all individuals within the Commonwealth of Australia who are recipients of invalid or old-age pensions, and mandates that the declaration accompanying the form be made before one of several specified authorities, including postmasters, legal professionals, and other public officers. The regulation does not explicitly state any exclusions or exemptions, and its scope is defined by the requirements of the Invalid and Old-age Pensions Act 1908-1933 itself.

Key Provisions

This legislative instrument amends the existing Invalid and Old-age Pensions Regulations, specifically focusing on the form that pensioners must complete to declare their income and property. The regulation (section 2) replaces the previous Form 23 with a new, more comprehensive version. Pensioners are required to answer questions about their personal details, income sources, property ownership, and any other relevant financial information truthfully and completely (section 3). They must submit the form to the Postmaster for processing and are warned of potential legal consequences for providing false information. The obligations imposed by this regulation are quite detailed and comprehensive. Pensioners are required to provide a full and accurate account of their income and property, including details of any employment, additional pensions or allowances, business interests, investments, and any other sources of income. They must also disclose any property they own or have an interest in, such as real estate, livestock, or vehicles. This requirement ensures that the pension authorities have an accurate picture of the pensioner’s financial situation, which is crucial for determining the eligibility and amount of pension payments. The regulation also imposes significant penalties for non-compliance. Pensioners who wilfully make false statements in their income and property declaration are subject to prosecution, which may result in a fine of up to One hundred pounds. Additionally, their pension may be cancelled (section 4). This severe penalty serves as a deterrent to ensure that all pensioners comply with the requirement to provide accurate information. Failure to return the completed form within four weeks will also result in the cessation of pension payments, underscoring the importance of timely submission.

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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.