SASKATCHEWAN. [Laws 1917, 2d sess., ch. 68.1 An Act To provide for the payment of pensions to indigent mothers. SECTION 1. This act may be cited as "The Mothers' Pensions Act." SEC. 2. Aid to widowed mothers.-The Lieutenant Governor in council may set aside during each fiscal year out of the consolidated fund of the Province such sum or sums not to exceed in the whole the amount voted for that purpose by the Legislature to provide support or partial support for any mother who is a widow and who on account of poverty is unable to take proper care of her child or children and who is otherwise a proper person to have the custody of such child or children. SEC. 3. Levy on municipality.-(1) The Attorney General may order the municipality to which the mother belongs to pay such sum as to him may ap pear reasonable, not to exceed three dollars per week in respect of each child whose welfare is in question, in order to recoup in whole or in part the amount expended by the Lieutenant Governor in council under the provisions of this act in connection with such mother. (2) For the purposes of this section the mother shall be deemed to belong to the muncipality in which she last resided for the period of one year. SEC. 4. Regulations.-The Lieutenant Governor in council may make regulations for the administration of this act and the control of all expenditures to be made thereunder, and the appointment of all necessary officials. SEC. 5. This act shall come into force upon a date to be proclaimed by the Lieutenant Governor in council. Assented to December 15, 1917. In effect February 16, 1918. REGULATIONS FOR ADMINISTRATION, REGINA, April 11, 1918. The Executive Council has had under consideration a report from the Attorney-General, dated April 10th, 1918, stating that it is necessary and desirable that certain regulations be approved for the proper administration of "The Mothers' Pensions Act", which by proclamation became effective on the 16th day of February, 1918. Upon consideration of the foregoing report and on the recommendation of the Attorney-General, the Executive Council advises, under the provisions of section 4 of "The Mothers' Pensions Act ", in that behalf: (1) That the Superintendent of Neglected and Dependent Children be charged with the supervision of any matter or thing, which may from time to time arise out of the administration of said act. (2) That no allowance be paid to any mother save upon the recommendation of the Superintendent of Neglected and Dependent Children, and that in no case shall any allowance be paid in respect of any child of the age of sixteen years or over. (3) That the council of the, municipality to which the mother belongs, be notified of the allowance being made to the mother, and be charged with the responsibility of advising the said Superintendent of Neglected and Dependent Children, of any change in the conditions surrounding the mother or children, or both, which by virtue of such changed conditions may effect the allowance made. (4) That the mother be paid such allowance in each case as may be determined by the Lieutenant-Governor in council, the same to be made payable monthly, on the first day of each month for the preceding month, from the legislative appropriation for such purpose. DANISH LAW REGARDING ASSISTANCE TO CHILDREN OF WIDOWS. [Law regarding assistance to children of widows (Lov om Understøttelse til Børn af Enker. Lov Nr. 124, 29 April, 1913; Lov Nr. 101, 4 March, 1918 1).] SECTION 1. Widows who are considered indigent shall, provided they are entitled to support in cases of continuous need, have the right to a public contribution toward the support and education of their legitimate children or children adopted under marriage, without the disabilities attaching to poor relief.2 A widow is considered indigent whose property does not exceed 4,000 kr. ($1,072), with the addition of 500 kr. ($134) for each child under 14 years, and whose income does not exceed the amount exempt from State taxation in the commune concerned, pursuant to Law No. 144 of June 8, 1912, section 8, paragraph 1, with the addition of 100 kr. ($26.80) for each child under 14 years of age. In exceptional circumstances the local board may, at its discretion, decide whether such a widow shall be deemed indigent and, if so, whether she shall have the full assistance hereinafter mentioned, or whether this can be reduced to one-half. The allowance for the calendar years 1918 and 1919 is: 150 kr. ($40.20) yearly until the child is 4 years; 120 kr. ($32.16) yearly until the child is 12 years; 90 kr. ($24.12) yearly until the child is 14 years. The assistance ceases if the mother remarries; if she leads a life which gives public offense (habitual drunkenness, immorality, or like offenses), if she receives help from the poor relief (Fattigraesen) or from a relief fund (hjaelpekasse) which has a grant from the communal funds, or from the communal section of the Copenhagen relief society. The assistance is likewise withdrawn if her economic condition essentially improves by an increase in her property or income not originating from her own or her children's work. 1 The amendment of 1918 increased the subsistence allowance for the calendar years 1918 and 1919 fifty per cent; increased the maximum under which a woman is entitled to aid from two-thirds to whole amount of income exempt from State taxation; and added three new paragraphs to section 2 permitting aid to be continued to the guardian of the child after the death of the widow, and to be made for the children of widowers after the death of the widower. Loss of suffrage and certain other rights. Kommunal bestyrelse, the governing board of each commune. 4 The assistance provided by the 1913 law and which stands for 1920 unless new legislation is passed was as follows: 100 kr. ($26.80) yearly until the child is 2 years; 80 kr. ($21.44) yearly until the child is 12 years; 60 kr. ($16.08) yearly until the child is 14 years. B By a temporary law passed Oct. 27, 1915, supplementary aid from poor-relief funds was permitted because of increased cost of living. The inadequacy of the fixed sum set in the widows' aid law had made it necessary for many widows to refuse the support and seek needed relief from the poor funds. The 1915 law was much criticized as defeating the very aims of the Widows' Pension Law. (Social Forsorg, Nov., 1915, pp. 256-259.) Under the high cost of living laws of Dec. 22, 1915, and Dec. 28, 1916, bonuses for widows receiving allowances for the support of their children under the law of April 29, 1913, were included. In Copenhagen for the year ending Mar. 31, 1918, these cost of living bonuses to widows with dependent children amounted to fifty per cent of the normal aid. (Forsørgelsesvæsenet i København, 1917-18, p. 7.) Assistance to the mother under sections 44, 61, and 631 of the poor law does not have this result, neither does aid from the relief funds or the communal section of the Copenhagen relief society in case of sickness of the mother or children. The contribution may, in exceptional cases, be extended to the 18th year. SEC. 2. The subsistence allowance (Underholdsbidrag) is payable to the widow concerned quarterly, eventually monthly, in advance; the first time for the quarter or the month which follows the death of the husband, and the last time for the quarter or month in which the aid ceases. If the widow dies who has had support under this law the contribution for the support and education of the child is payable to the guardian of the child, or according to the decision of the communal authorities, to the person who after the mother's death exercises the right of rearing the child. of guardians (Værgeraadet) of the place where the child lives can, after the The council mother's death, decide at any time that a guardian be appointed for the child. Appointment of such guardian, who has the right of a parent over the child, is made by the superior magistracy upon nomination by the council of guardians. A guardian is always to be appointed if the allowance is not being used for the exclusive benefit of the child. If a substantial bettering of the child's economic position occurs, the support can be withdrawn. In the same class with the children of widows mentioned in paragraphs 2 and 3, are to be regarded children of deceased widows who were not receiving hid, but who were eligible for it; also children of widowers who at the time of their death fulfilled the conditions prescribed for widows by the law relating to support. The amount of the allowance is determined by the same rules which apply to widows. Mr 3. If a child is under the care of the poor relief or has been taken under the care of n council of guardians' (Law No. 72, April 14, 1905) it does not come within the provisions of this law. Mrc. 1. Half of the expense of the subsistence allowance herein provided for be borne by the State, the remainder by the commune in which the widow concerned or, after the widow's death, the child (compare section 2, paragraph 2), In her permanent abode. Country districts grouped with towns with respect to poor relief are referred to the said town. Bb In regard to the expense which a commune, in accordance with the Fules in section 4, incurs in the capacity of residence commune, it can (provided the widow in question is entitled to support elsewhere) claim reimbursement of three fourths of the amount from the said commune owing support. If there be no commune which can be regarded as under liability for support, said expense shall be made good out of the public funds which in accordance with exlating law are chargeable in place of the commune owing support. Hi The nequirement by a widow of right of support in the commune of realdence la regarded as pending for the period in which a subsistence allowance of nder holdsbidrag) is granted under this law from the public funds to The children concerned. Fire At the same time that the communal authorities, in accordance with aption 2 of Law No No of May 15, 1903, transmit to the minister of the interior * Moner expended by the general community for the education, maintenance, and support of the bitud, deaf, dumb, feeble minded, and idiots is not classed as poor reljef. Portato kinds of medical relief are also exempt from the civil disabilities attaching to a special connell of guardians in each commune which looks after the and the county council, respectively,' the statement of certain expenditures therein mentioned (a, b, c, and d) there shall be forwarded a statement of what the commune has expended under the present law (sections 4 and 5). At the apportionment of State aid pursuant to sections 31, 32, and 33 of the first-mentioned law this amount shall be included in the account. SEC. 8. The management of all matters pertaining to a subsistence allowance (Underholdsbidrag) in accordance with the provisions of this law rests upon the communal authority of the commune in which the widow concerned or, after the widow's death, the child (compare section 2, paragraph 2) has her permanent abode. Sec. 9. The communal authority which receives a request for a subsistence allowance (Underholdsbidrøg) must carefully investigate the economic conditions of the home in question to determine the need and other circumstances in order to decide what aid in each particular case shall be granted and how it shall be paid out. It is furthermore the duty of this authority to exercise supervision in order that the subsistence allowance shall be expended in a proper manner for the benefit of the children concerned. (Compare section 2, paragraph 2.) It can determine that food or clothes shall be purchased with the subsistence money for the child. २ In case a particular or general regulation of the communal authority with respect to the use of the aid is not complied with, the superior authority is to be informed of the matter. If it shall be deemed desirable, private societies may cooperate in the work of investigation and supervision. SEC. 10. The payment of the subsistence allowance (see sec. 2) shall be made in advance out of the treasury of the commune of residence concerned, after which the expenditure of the communal board is to be reported to the county for part repayment pursuant to section 4 of this act. With respect to the eventual reimbursement from the commune liable for support (sec. 5) the regulations in section 48 of Law No. 67 of Apr. 9, 1891, apply. The county is to report to the minister of the interior as soon as possible after the end of the fiscal year what amount in each commune has been expended for subsistence allowances in accordance with the present law. SEC. 11. Complaints in regard to the decisions of the communal authorities with respect to the provisions of this law shall not be made before the courts but before the superior authority, whose decision if the complaint is not sustained is final, but in the contrary case, appeal may be taken by the communal authority to the minister of the interior. If it comes to the knowledge of the superior authorities through the inspection of the accounts or otherwise that there is being granted aid (Understøttelse) to unqualified persons or the provisions of the law in other respects are not being complied with, decision in the case rests likewise upon them, which decisions may, however, be referred to the minister of the interior. In the case of disputes between the communes themselves with respect to the obligations imposed upon them in accordance with this law, the chairman of the county council (Amtmand) of the superior magistracy to which the commune belongs, against which the obligation is urged, has the power of decision; and if the dispute relates to Copenhagen, the minister of the interior. The decisions of the chairmen of the county councils (Amtmaendene) may be referred to the minister of the interior. In rural communes the Kommunal bestyrelsen are under the supervision of their Amtraad or county council; in provincial towns under the minister of the interior. 2 The Am traad or county council. The Amtmand, the chairman of this council, a State appointed, paid official, is the representative of the Amtraad. |