MATERNITY ALLOWANCE.
No. 16 of 1943.
An Act to amend the Maternity Allowance Act 1912-1942.
[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 Maternity Allowance Act 1943.
(2.) The Maternity Allowance Act 1912–1942 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Maternity Allowance Act 1912–1943.
Commencement.
2. This Act shall come into operation on the first day of July, One thousand nine hundred and forty-three, and the Principal Act, as amended by this Act, shall apply in respect of births occurring on or after that date.
3. Section four of the Principal Act is repealed and the following section inserted in its stead:—
Maternity allowance.
“4.—(1.) Subject to this Act, a maternity allowance in accordance with this section shall be payable to every woman who gives birth to a child, either in the Commonwealth or on board a ship proceeding from a port in the Commonwealth or a Territory of the Commonwealth to another port in the Commonwealth or a Territory of the Commonwealth.
“(2.) The amount of the maternity allowance payable in pursuance of the last preceding sub-section shall be—
(a) where there are no other children—Five pounds;
(b) where there are one or two other children—Six pounds; or
(c) where there are three or more other children—Seven pounds ten shillings,
together with Twenty-five shillings in respect of each of the four weeks immediately before, and Twenty-five shillings in respect of each of the four weeks immediately after, the birth of the child.
“(3.) Payment of maternity allowance in accordance with this section shall be made out of the Trust Account established under the National Welfare Fund Act 1943 and known as the National Welfare Fund.”.
Who may be claimants.
4. Section six of the Principal Act is amended by omitting subsections (3.) and (4.).
Evidence as to income.
5. Section six a of the Principal Act is repealed.
6. Sections seven and seven a of the Principal Act are repealed and the following sections inserted in their stead:—
Claims for maternity allowance.
“7.—(1.) A maternity allowance shall not be paid unless a claim therefor has been made in accordance with a form approved by the Commissioner.
“(2.) A maternity allowance shall not be paid unless the claim therefor is made within three months after the date of the birth or within such longer period as the Commissioner, in special circumstances, allows.
Time of payment.
“7a. The amount of a maternity allowance specified in paragraphs (a), (b) or (c) of sub-section (2.) of section four of this Act, together with the amount of the maternity allowance payable in respect of the four weeks immediately preceding the birth of the child, shall be payable on the birth of the child and the balance of the maternity allowance shall be payable at the expiration of four weeks after the birth of the child.”.
Method of payment.
7. Section eight of the Principal Act is amended by omitting from sub-section (1.) the words “by forwarding by post a money order” and inserting in their stead the words “in such manner as the Minister or the Director-General of Social Services approves”.
Overview
The Maternity Allowance Act 1943 was enacted to amend the Maternity Allowance Act 1912-1942, aiming to update the provisions related to maternity allowances and address any legislative gaps that had arisen over time. This Act was introduced to provide financial support to women who give birth, ensuring that they receive an allowance regardless of whether the birth occurs within the Commonwealth or on a ship travelling between Commonwealth or Territory ports. The Act was passed by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into operation on 1 July 1943, applying to births occurring on or after that date. By establishing new payment criteria and conditions, the Act aimed to streamline the process for claiming and receiving maternity allowances, reflecting the policy objective of providing timely and consistent support to mothers.
Scope and Application
The Maternity Allowance Act 1943 amends the Maternity Allowance Act 1912–1942, providing an updated framework for the payment of maternity allowances. This Act applies to all women who give birth to a child in Australia, including the Commonwealth or on a ship travelling between Australian ports. The allowances are subject to the amount of other children the woman has, with different rates set for those with no other children, one or two other children, or three or more other children, in addition to payments for the weeks immediately before and after the birth. The Act outlines the process for claiming the allowance, specifying that claims must be made within three months of the birth, with potential extensions allowed by the Commissioner under special circumstances. Payment is made in two installments: the first part is paid on the birth of the child, and the balance is paid four weeks after the birth. The Act specifies that the payment method is determined by the Minister or the Director-General of Social Services, thus providing flexibility in how the allowances are disbursed.
Key Provisions
The Maternity Allowance Act 1943 (sections 1 to 7a) amends the Maternity Allowance Act 1912-1942 by introducing new provisions for the payment of maternity allowance, the eligibility criteria for claimants, and the process for making claims. The new Act, which comes into operation on 1 July 1943, specifies the amount of maternity allowance payable based on the number of other children the woman has and includes additional payments for the weeks immediately before and after the birth of the child. This allowance is to be paid from the National Welfare Fund.
The Act imposes certain obligations on claimants. For instance, section 4(1) mandates that the maternity allowance will only be payable if a claim is made in the approved form by the Commissioner. Furthermore, section 7(1) requires that the claim must be submitted within three months of the birth, although the Commissioner may extend this period in special circumstances. Section 7a stipulates that the initial portion of the maternity allowance, along with the amount for the four weeks before the birth, is to be paid immediately upon the child's birth, with the remaining balance paid four weeks after the birth.
The Act also delineates the consequences for non-compliance. While specific offences and penalties are not explicitly stated in the provided sections, it is implied that failure to comply with the requirements for making a claim or submitting it within the stipulated timeframe could result in the denial of the maternity allowance. The lack of detailed penalties suggests that the primary enforcement mechanism is the withholding of the allowance itself, thereby incentivising claimants to adhere to the legislative requirements.