WIDOWS’ PENSIONS.
No. 15 of 1943.
An Act to amend the Widows’ Pensions Act 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 Widows’ Pensions Act 1943.
(2.) The Widows’ Pensions Act 1942, as amended by this Act, may be cited as the Widows’ Pensions Act 1942–1943.
Commencement.
2. This Act shall come into operation on the first day of April, One thousand nine hundred and forty-three.
Definitions.
3. Section four of the Widows’ Pensions Act 1942 is amended—
(a) by omitting paragraph (a) of the definition of “child” and inserting in its stead the following paragraphs:—
“(a) a child of a woman and her husband;
(aa) a child of a dependent female and of the man in respect of whom she was a dependent female;
(b) by omitting the definition of “de facto widow” and inserting in its stead the following definition:—
“‘dependent female’ means a woman who, for not less than the three years immediately prior to the death of a man (in this Act referred to as ‘the man in respect of whom she was a dependent female’), was wholly or mainly maintained by him and, although not legally married to him, lived with him as his wife on a permanent and bona fide domestic basis;”; and
(c) by omitting paragraph (a) of the definition of “widow” and inserting in its stead the following paragraph:—
“(a) a dependent female;”.
Provisions as to payment of pension.
4. Section eighteen of the Widows’ Pensions Act 1942 is amended by omitting from paragraph (a) of sub-section (3.) the words “de facto husband” and inserting in their stead the words “, where the claimant is a dependent female, within three months after the date of the death of the man in respect of whom she was a dependent female”.
Allowances to certain widows.
5. Section twenty-six of the Widows’ Pensions Act 1942 is amended—
(a) by omitting the words “de facto husband” (first occurring) and inserting in their stead the words in the case of a dependent female, at the time of the death of the man in respect of whom she was a dependent female”; and
(b) by omitting the words “de facto husband “(second occurring) and inserting in their stead the words “, in the case of a dependent female, of the man in respect of whom she was a dependent female”.
Provisions as to payment of allowances.
6. Section thirty of the Widows’ Pensions Act 1942 is amended by omitting from sub-section (3.) the words “de facto husband” and inserting in their stead the words “, where the claimant is a dependent female, within three months after the date of the death of the man in respect of whom she was a dependent female”.
Variation of pensions and allowances in accordance with price Index numbers.
7. Section thirty-five of the Widows’ Pensions Act 1942 is amended by omitting from sub-section (1.) all the words from and including the words “which shall apply” and inserting in their stead the words “in accordance with the provisions of this section and the rate so determined shall apply in relation to the instalment of pension or allowance payable in respect of the first four-weekly period commencing after the expiration of the first month of that quarter and to all subsequent instalments until another rate so determined becomes applicable”.
Overview
The Widows’ Pensions Act 1943, enacted by the Commonwealth Parliament, amends the existing Widows’ Pensions Act 1942 to extend pension eligibility to women who were not legally married to the deceased but were in a de facto relationship with them. This legislative update was necessitated by the need to provide financial support to women who had lived with a man in a relationship akin to marriage, even though they were not legally married. The policy objective of the 1943 Act was to ensure that widows, including those in de facto relationships, receive the necessary pension benefits without discrimination based on their marital status.
By redefining terms such as "dependent female" and "widow" and adjusting provisions for the payment of pensions and allowances, the 1943 Act aimed to provide equitable support to all women who were financially dependent on a deceased partner, whether married or in a de facto relationship. This Act thus broadened the scope of the original legislation to include a wider group of women who would otherwise be ineligible for such benefits.
Scope and Application
The Widows' Pensions Act 1943 amends the Widows' Pensions Act 1942, and it applies to women who were wholly or mainly maintained by the deceased and lived with him as his wife on a permanent and bona fide domestic basis, despite not being legally married to him. This Act primarily concerns the eligibility of dependent females for pensions and allowances, modifying the original definitions to ensure that the provisions cover women who were in a de facto relationship with the deceased at the time of his death. The changes focus on ensuring that such women are recognised as dependents and are entitled to benefits, including pension payments and allowances, that would otherwise be available to widows. The Act came into operation on 1 April 1943, with the amendments extending its application to include dependent females in the definition of widows, thereby broadening the scope of those eligible for benefits. The Act applies nationwide within the Commonwealth of Australia, ensuring that the provisions are uniformly applicable across the country.
Key Provisions
The Widows' Pensions Act 1943 primarily serves to amend the Widows' Pensions Act 1942 by making specific changes to definitions and payment provisions for pensions and allowances to widows. The Act modifies the definition of "child" under section three to include children of a dependent female and the man in respect of whom she was a dependent female, thereby expanding the scope of who may be considered a child for the purposes of the Act (s. 3(a)). It also redefines "dependent female" as a woman who lived with a man on a permanent and bona fide domestic basis for at least three years prior to his death, regardless of whether they were legally married (s. 3(b)). Furthermore, it updates the definition of "widow" to include a dependent female, thus broadening the eligibility criteria for widows seeking benefits (s. 3(c)).
The Act imposes certain obligations on the parties involved, particularly on those claiming pensions and allowances. Widows, now referred to as dependent females, must meet the criteria of living with the deceased man on a domestic basis for a minimum of three years prior to his death. They must also apply for pensions and allowances within three months after the date of the man's death (s. 4). Additionally, the Act mandates that any variation of pensions and allowances must align with the price index numbers, ensuring that the payments adjust accordingly to maintain their real value over time (s. 7).
In terms of consequences for non-compliance, the Act does not explicitly detail offences, penalties, or specific civil or criminal consequences for breaches. However, failure to meet the stipulated timeframes for applying for pensions and allowances could result in the denial of benefits. The Act’s amendments focus on clarifying eligibility and ensuring timely applications, with the overarching goal of providing financial support to those who qualify as dependent females under the revised definitions.