War Pensions Act 1916

Legislation au C1916A00025 Not in force Act

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WAR PENSIONS.

No. 25 of 1916.

An Act to amend the War Pensions Act 1914-1915.

[Assented to 30th May, 1916.]

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 War Pensions Act 1916.

(2.) The War Pensions Act 1914-1915 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the War Pensions Act 1914-1916.

Commencement.

2. This Act shall be deemed to have commenced on the same day as the Principal Act.

Definitions.

3. Section two of the Principal Act is amended—

(a) by omitting the definition of “Dependants” and inserting in its stead the following definition:—

“‘Dependants’ means—

(a) the wife or widow of a person, or the widowed mother of an unmarried son, who is or has been a member of the Forces whose death or incapacity results from his employment in connexion with warlike operations;

(b) the children of any such person;

(c) any ex-nuptial children of that person born before the occurrence of the event resulting in his death or incapacity as aforesaid or within nine months after that event;

(d) such other members of the family of that person as were wholly or in part dependent upon his earnings at any time within twelve months prior to his enlistment or appointment;

(e) the parents of any such person who are, at any time after the occurrence of the event resulting in his death, without adequate means of support;

(f) the ex-nuptial child (wholly or in part dependent on the earnings of any such person at any time within twelve months prior to his enlistment or appointment), of a son or daughter of that person; and

(g) the parents or grandparents of any such person, who is an ex-nuptial child, who were so dependent;”

(b) by inserting in the definition of “Member of the forces,” after the words “ship of war”, the words “or enlisted or appointed for service in connexion with naval or military preparations or operations,”; and

Amendment of s. 3.

4. Section three of the Principal Act is amended—

(a) by omitting from sub-paragraph (i) of paragraph (a) of the proviso the words “or, by parents who though not dependent upon the earnings of the member at the time of his death are at any time within five years after such death, without adequate means of support, within five years after such death;” and inserting in their stead the words “except in the case of parents who though not dependent upon the earnings of the member at the time of his death are at any time without adequate means of support;” ;and

(b) by omitting from sub-paragraph (ii) of paragraph (a)of the proviso the word “and”;

(c) by adding at the end of paragraph (a) of the proviso the words “except where the Commissioner is satisfied that failure to make the claim within the prescribed period was owing to some reason which in the opinion of the Commissioner is adequate;”;

(d) by omitting paragraph (b)of the proviso and inserting in its stead the following paragraph:—

“(b) the right of any person to payment by way of pension in accordance with this Act shall be substituted for his right to any payment in respect of incapacity or death, which, but for this Act, would have been due under the Defence Act 1903-1915 or the Naval Defence Act 1910-1912, and any right of that person under either of those Acts shall be by force of this Act determined; and”; and

(e) by omitting paragraph (c)of the proviso and inserting in its stead the following paragraph:—

“(c) If the member or his dependants is or are entitled under any Imperial Act or State Act to receive any payment in respect of death or incapacity resulting from employment

in connexion with warlike operations in which His Majesty is, or has, since the commencement of the present state of war, been engaged, the rate or amount of that payment shall be taken into, account in assessing the rate of pension payable under this Act.”

Amendment of s. 8.

5. Section eight of the Principal Act is amended—

(a) by inserting in sub-section (1.) after the word “widow” the words “or the widowed mother of an unmarried son”;

(b) by omitting the words “the Schedule” (wherever occurring) and inserting in their stead the words “the First Schedule”;

(c) by omitting the words “Thirteen pounds per annum” (wherever occurring) and inserting in their stead the words “Twenty shillings per fortnight for the first child, Fifteen shillings per fortnight for the second child, and Ten shillings per fortnight for the third and each subsequent child”;

(d) by omitting the words “Fifty-two pounds per annum” (wherever occurring) and inserting in their stead the words “Two pounds per fortnight”;

(e) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) Notwithstanding anything contained in this section the maximum rate of pension payable to a child both of whose parents are dead shall be—

(i) up to ten years of age, One pound per fortnight;

(ii) from ten to fourteen years of age, Twenty-five shillings per fortnight; and

(iii) from fourteen to sixteen years of age, Thirty shillings per fortnight.”; and

(f) by adding at the end thereof the following sub-sections:—

“(3.) The amount of pension granted and payable to a member of the Forces shall not be reduced within the period of six months from the date of the commencement of the pension.

“(4.) Any member of the Forces who is incapacitated by reason of a disability specified in the Second Schedule shall receive the rate of pension shown opposite to the description of the disability in that Schedule.

“(5.) If a member of the Forces who is unmarried or whose wife is either dead or a permanent invalid is incapacitated to an extent which necessitates the constant services of an attendant and the member has not the means to pay for such services, the rate of his pension may be increased by a sum not exceeding One pound per fortnight.”

Amendment of s. 8a.

6. Section eight a of the Principal Act is amended by omitting sub-section (2.) thereof.

Amendment of s. 9a.

7. Section nine a of the Principal Act is amended by omitting, from sub-section (3.) thereof, the words “the Schedule” and inserting in their stead the words “the First Schedule”.

Amendment of s. 10.

8. Section ten of the Principal Act is amended by omitting the words “shall cease upon her marriage or re-marriage”, and inserting in their stead the words “shall not be continued for a period of more than two years after her marriage or re-marriage”.

9. After section ten of the Principal Act the following section is inserted:—

Pension to de facto wife of member.

“10a. In the case of any person who, at the time of the occurrence of the event resulting in the death or incapacity of a member of the Forces was recognised as the wife of that member though not legally married to him, if the Commissioner is satisfied that that person was wholly or partly dependent upon the earnings of the member a pension at a rate not exceeding the rate of pension which may be allowed to the wife or widow of any such member of the Forces may be allowed to that person.”

Amendment of s. 15.

10. Section fifteen of the Principal Act is amended—

(a) by omitting the first proviso thereto; and

(b) by omitting from the second proviso thereto the word “further”.

Amendment of the Schedule.

11. The Schedule to the Principal Act is amended—

(a) by omitting the words “THE SCHEDULE” and inserting in their stead the words “THE FIRST SCHEDULE”;

(b) by omitting the scale shown in column two and inserting in its stead the following scale:—

£	s.	d.
2	0	0	per fortnight.
2	3	0	”
2	9	0	”
2	12	3	”
2	13	9	”
2	16	0	”
2	17	3	”
2	19	6	”
3	10	0	”
3	17	6	”
4	9	0	”
5	0	9	”
5	12	3	”
6	0	0	”	;and

£	s.	d.
3	0	0	per fortnight.
3	2	0	”
3	6	0	”
3	8	0	”
3	9	0	”
3	11	0	”
3	12	0	”
3	14	0	”
4	0	0	”
4	5	0	”
4	15	0	”
5	5	0	”
5	15	0	”
6	0	0	”

Second Schedule.

12. After the Schedule to the Principal Act the following Schedule is inserted:—

“THE SECOND SCHEDULE.

Description of Disability.	Rate of Pension Payable.
Loss of leg or foot................	The maximum rate for six months, thereafter three-fourths of the maximum rate.
Loss of hand or arm...............	The maximum rate for six months, thereafter three-fourths of the maximum rate.
Loss of one eye..................	Half of the maximum rate.
Loss of both legs.................	The maximum rate.
Loss of both feet.................
Loss of both arms.................
Loss of both hands................
Loss of arm and leg................
Loss of hand and foot..............
Loss of both eyes.................
Loss of one eye together with loss of leg, foot, hand or arm

For the purposes of this Schedule, a leg, foot, hand, arm, or eye shall be deemed to be lost if it is rendered permanently and wholly useless.”

Overview

The War Pensions Act 1916 was enacted by the Parliament of Australia to amend the War Pensions Act 1914-1915, addressing the needs of war veterans and their families during the First World War. This legislation aimed to provide comprehensive support to members of the Australian forces and their dependants, ensuring that those who had been incapacitated or had lost their lives in the line of duty received adequate financial assistance. The Act expanded the definition of dependants, adjusted the rates of pensions, and introduced provisions for specific disabilities, reflecting the evolving understanding of the impacts of war on soldiers and their families. The policy objective was to offer a more inclusive and supportive pension system for those affected by wartime service.

Scope and Application

The War Pensions Act 1916 amends the War Pensions Act 1914-1915 to provide updated provisions for war pensions and related benefits. The Act applies to members of the forces and their dependants, defined as spouses, children, parents, and other family members who were dependent on the member's earnings. The Act's jurisdiction covers the Commonwealth of Australia, with provisions for the assessment and payment of pensions to those who were injured or incapacitated in connection with warlike operations during the First World War. The Act also addresses the substitution of pension rights for any other payments due under different defence acts and accounts for payments under Imperial or State Acts. The Act further modifies the rates of pension payable to various categories of dependants and introduces provisions for pensions to de facto spouses of deceased or incapacitated members of the forces. The Act's provisions are enforceable through subordinate instruments, which may further define terms and processes for the administration of pensions.

Key Provisions

The War Pensions Act 1916 (Act) amends the War Pensions Act 1914-1915 (Principal Act) to update the provisions concerning pensions for members of the forces and their dependants. The amended Act, referred to as the War Pensions Act 1914-1916, includes several changes to definitions, eligibility criteria, and pension rates. Section 3 of the Act revises the definition of “Dependants” to clarify who qualifies for pension payments, and it also modifies the definition of “Member of the forces” to include those enlisted for naval or military preparations or operations. Additionally, section 4 amends section 3 of the Principal Act to refine the conditions under which pensions are payable and to adjust the rates of pension based on the number of dependants and the severity of the member's disability. The Act imposes specific obligations on parties involved, particularly the Commissioner, who must determine eligibility for pension payments and decide on exceptions to the claim period based on adequate reasons. Section 5 of the Act further refines the circumstances under which pension rights are substituted for other payments and considers pensions under Imperial or State Acts when assessing payments under the Act. Section 8 introduces new provisions for pension rates for children, including different rates based on the child’s age and circumstances, and it sets a maximum pension rate for children whose parents are both deceased. Section 10a allows for pensions to be paid to de facto wives who were dependent on the member’s earnings, provided the Commissioner is satisfied of their dependency. Breaching the obligations set out in the Act can lead to civil or administrative consequences, although specific penalties are not detailed in the text provided. The Act likely includes provisions for recovery of erroneously paid pensions or for withholding of payments due to non-compliance with the Act’s requirements. The seriousness of non-compliance could result in legal actions to enforce the provisions, but the exact penalties are not explicitly stated within the excerpt provided.

Area of Law: Veterans Law
Instrument: Act
Concepts: Definitions & Interpretation; Repeal & Amendment; Offence Provisions; Compliance Obligations

Interactions

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.

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