SEAMEN’S WAR PENSIONS AND ALLOWANCES.
No. 32 of 1954.
An Act to amend the Seamen’s War Pensions and Allowances Act 1940-1953.
[Assented to 6th October, 1954.]
BE it enacted by the Queen’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 Seamen’s War Pensions and Allowances Act 1954.
(2.) The Seamen’s War Pensions and Allowances Act 1940-1953 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Seamen’s War Pensions and Allowances Act 1940-1954.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Deduction from pensions and allowances of certain amounts.
3. Section fifty-five a of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(2.) Where—
(a) pension, allowance or benefit under the Social Services Consolidation Act 1947, or under that Act as amended, has been paid (whether before or after the commencement of this sub-section) to a person in respect of a period and, on a date subsequent to that payment (not being a date before the commencement of this sub-section), a pension under this Act, or pension under this Act at an increased rate, becomes payable to that person or his spouse in respect of that period; and
(b) the whole or a part of the pension, allowance or benefit paid to that person under the Social Services Consolidation Act 1947, or under that Act as amended, in respect of that period would not have been payable if, during that period, he or his spouse had been in receipt of the pension under this Act, or pension under this Act at the increased rate,
the amount referred to in paragraph (b) of this sub-section shall be deducted from any pension, allowance or gratuity payable to that person under this Act in a lump sum or by instalments, as the Commission determines.”.
First Schedule.
4. The First Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—
FIRST SCHEDULE. Section 18.
General Pension Rates—Death or Total Incapacity.
Column 1. | Column 2. | Column 3. | Column 4. |
Rate of pay per day of the Australian mariner. | Pension payable per fortnight to widow on death of Australian mariner. | Total of pensions payable per fortnight to dependants other than widow and children on death of Australian mariner. | Pension payable per fortnight to Australian mariner upon total incapacity. |
| £ | s. | d. | | | £ | s. | d. | | £ | s. | d. | £ | s. | d. | £ | s. | d. |
| | | | | Not exceeding | 0 | 19 | 0 | .. | 8 | 0 | 0 | 7 | 0 | 0 | 9 | 0 | 0 |
Exceeding | 0 | 19 | 0 | but | not exceeding | 1 | 0 | 0 | .. | 8 | 0 | 0 | 7 | 0 | 0 | 9 | 0 | 0 |
Exceeding | 1 | 0 | 0 | but | not exceeding | 1 | 2 | 6 | .. | 8 | 0 | 0 | 7 | 0 | 0 | 9 | 0 | 0 |
Exceeding | 1 | 2 | 6 | but | not exceeding | 1 | 7 | 6 | .. | 8 | 0 | 0 | 7 | 0 | 0 | 9 | 4 | 6 |
Exceeding | 1 | 7 | 6 | but | not exceeding | 1 | 15 | 0 | .. | 8 | 9 | 0 | 7 | 9 | 0 | 9 | 14 | 6 |
Exceeding | 1 | 15 | 0 | but | not exceeding | 2 | 2 | 6 | .. | 9 | 1 | 0 | 8 | 1 | 0 | 10 | 4 | 6 |
Exceeding | 2 | 2 | 6 | but | not exceeding | 2 | 10 | 0 | .. | 9 | 13 | 0 | 8 | 13 | 0 | 10 | 13 | 6 |
Exceeding | 2 | 10 | 0......................... | 9 | 16 | 0 | 8 | 16 | 0 | 10 | 16 | 0 |
Application of amendment.
5. The amendment effected by the last preceding section applies in relation to payments of pensions falling due on the first pension pay day occurring after the date of commencement of this Act and to all subsequent payments.
Overview
The Seamen’s War Pensions and Allowances Act 1954 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Seamen’s War Pensions and Allowances Act 1940-1953. The 1954 Act specifically addresses the deduction of certain amounts from pensions and allowances to prevent overlaps with benefits paid under other acts, such as the Social Services Consolidation Act 1947. This legislative amendment was introduced to ensure that individuals receiving war pensions from the Seamen’s War Pensions and Allowances Act are not unduly benefiting from multiple pension sources, thereby maintaining the integrity of the pension system.
The policy objective behind this Act is to refine the financial support mechanisms for war pensioners by avoiding the issue of double payments. The Act came into operation on the day it received Royal Assent, and its amendments apply to pension payments made after its commencement date, ensuring that any overlaps are corrected promptly. This legislative update thus seeks to streamline the pension process and uphold the financial stability of the pensioners.
Scope and Application
The Seamen’s War Pensions and Allowances Act 1954 applies to persons, specifically Australian mariners, who are eligible for war pensions and allowances under the Act. This includes those who have been incapacitated or have died in the course of their service, and their dependants, such as widows and children. The Act amends the existing Seamen’s War Pensions and Allowances Act 1940-1953 by including provisions for the deduction of certain amounts from pensions and allowances where a person is in receipt of benefits under the Social Services Consolidation Act 1947 or its amendments. The Act operates on a national level as it is Commonwealth legislation. There are no specific exclusions or exemptions stated within the text of this Act; however, its application may be further defined or restricted through subordinate instruments or regulations. The amendments introduced by this Act apply to pension payments from the first pension pay day after the Act comes into operation.
Key Provisions
The Seamen’s War Pensions and Allowances Act 1954, as amended, introduces changes to the deduction of certain amounts from pensions and allowances previously provided under the Social Services Consolidation Act 1947. Section 3 of the Act introduces a new sub-section (2) to section fifty-five a of the Principal Act, which mandates the deduction of amounts from any pension, allowance, or gratuity payable under this Act if a pension, allowance, or benefit was previously paid under the Social Services Consolidation Act 1947 for the same period. This deduction is required where the previous payment would not have been payable had the person been receiving the pension under the Seamen’s War Pensions and Allowances Act. This amendment applies to payments falling due on the first pension pay day occurring after the commencement of the Act.
The Act imposes specific obligations on the parties involved, primarily the Australian government and the beneficiaries of the pensions and allowances. The government must ensure that any pensions, allowances, or benefits paid under the Social Services Consolidation Act 1947 are reviewed to determine if they should be subject to the deductions outlined in the Act. Beneficiaries, on the other hand, are required to provide accurate and complete information about any previous pensions or allowances they have received to facilitate the calculation and deduction process. The Commission, as outlined in the Act, is responsible for determining the manner and timing of these deductions.
Failure to comply with the provisions of the Act can result in legal consequences. While specific offences and penalties are not detailed within the Act, the deductions mandated by section 3 are intended to prevent double payments and ensure that beneficiaries do not receive more than they are entitled to under the law. The implications of non-compliance could include financial penalties or legal action to recover overpaid amounts. The precise consequences would depend on the specific circumstances and any additional legal provisions or regulations that might apply.