(4) This section shall extend and apply to all persons whose pensions have been forfeited before the passing of this act. 59. (1) So long as an order is in force suspending a pension certificate all instalments which would otherwise become due and payable during that period shall be forfeited. (2) If any period of suspension is such as to extend beyond the expiration of the year in which the order of suspension is made, the order shall apply so far as regards the residue of that period to any pension certificate issued for the next succeeding year. 60. In every case in which a pension certificate is suspended or canceled, the magistrate so suspending or canceling the same shall forthwith send to the commissioner a notice under the hand of the magistrate setting forth the terms of the order so made by him and the grounds thereof. 61. Every person commits an offense who receives any money in consideration of or in respect of the procuring of any pension or pension certificate, and in the case of any licensed Maori interpreter so committing an offense his license as such interpreter shall be canceled. 62. Every person who commits an offense under this act for which no penalty is elsewhere provided is liable to a fine not exceeding ten pounds. 63. (1) All proceedings under this act, whether in respect of an offense heretofore or hereafter committed, or of moneys recoverable under section fifty-two or section fifty-five hereof, shall be taken before a magistrate alone, and may be so taken at any time not exceeding six months from the time when the facts first came to the knowledge of the commissioner, (2) In all such proceedings the registrar, or other person appointed by the commissioner, may appear on behalf of the commissioner, and the fact that any person so appears shall be sufficient evidence of his authority so to do. Miscellaneous. 64. Notwithstanding anything in the foregoing provisions of this act, a person who is in receipt of a pension under any part thereof shall not be entitled to receive a pension under any other part thereof. 65. A pension under this act shall be inalienable, whether by way of assignment, charge, execution, bankruptcy, or otherwise howsoever. 66. Every statutory declaration required by this act, or adduced in proof of any particular required to be proved on the investigation of any claim or income and property statement, may be made before any justice, solicitor, constable, registrar, or clerk of court, or postmaster, or the commissioner. 67. No stamp duty shall be payable on any statutory declaration, receipt, or other document made or given for the purposes of this act. 68. The minister shall from time to time, without further appropriation than this act, pay out of the consolidated fund into the post-office account, by way of imprest, whatever moneys are necessary in order to enable the instalments of pensions granted under this act to be paid out of such account, and the postmaster general shall thereupon pay such instalments accordingly. 69. All expenses incurred in administering this act (other than the payment of pensions) shall be payable out of moneys to be from time to time appropriated by Parliament. 70. The minister shall, within thirty days after the close of each financial year ending the thirty-first day of March, prepare and lay before Parliament if sitting, or if not sitting, then within fourteen days after the commencement of the next session, a statement showing for such year- (a) The total amount paid under this act in respect of old-age pensions, widows' pensions and military pensions separately; (b) The total amount so paid in respect of other than pensions; (c) The total number of pensioners; (d) The total amount of absolutely forfeited instalments; and (e) Such other particulars as are prescribed. 71. (1) This act, in so far as it provides for the grant of pensions, shall not apply (a) In the case of pensions under part I or part II hereof, to aboriginal Maoris of New Zealand to whom moneys other than pensions are paid out of the sums appropriated for native purposes by the Civil List Act, 1908; nor (b) To aliens; nor (c) In the case of pensions under part I hereof, to naturalized subjects, except such as have been naturalized for the period of one year next preceding the date on which they establish their pension claims; nor (d) To Chinese or other Asiatics, whether naturalized or not, and whether British subjects by birth or not. (2) Subject to the provisions of paragraph (a) of the last preceding subsection, this act applies to aboriginal Maoris of New Zealand: Provided, That on the investigation of any such Maori's pension claim for an old age pension his evidence as to his age shall be required to be corroborated to the satisfaction of the magistrate. (3) For the purposes of this section a woman who ceased to be a British subject by reason merely of her marriage with an alien since deceased or from whom she is legally separated shall not be deemed to be an alien. 72. In determining the claim of any aboriginal Maori to a pension under part I or part II hereof, in so far as the same may be affected by rights or property held or enjoyed otherwise than under defined legal title, the magistrate shall be guided by the following rules: (a) In respect of “income,” any customary rights used or capable of being used in respect of land the title to which has not been ascertained, but which is enjoyed or is capable of enjoyment, shall be assessed and determined by such evidence and in such manner as the magistrate in his discretion considers proper; (b) In respect of "accumulated property," the interest in land or other property held or enjoyed under native custom, or in any way other than by defined legal title, shall be assessed and determined by the magistrate in manner aforesaid, with the view of arriving as nearly as may be at a decision as to the net capital value thereof for the purposes of this act; and the decision of the magistrate thereon shall be final. 73. (1) Every pension granted under this act shall be deemed to be granted and shall be held subject to the provisions of any amending or repealing act that may hereafter be passed, and no pensioner under this act shall have any claim for compensation or otherwise by reason of his pension being affected by any such amending or repealing act. (2) A notification of the last preceding subsection shall be printed on every pension certificate. 74. (1) The governor in council may from time to time make regulations under this act relating to any of the following purposes or matters; (a) The procedure in all judicial proceedings (other than criminal proceedings) under this act; (b) The recording or registration of pension claims, pension certificates, and all other matters and proceedings in relation to pensions under this act; (c) The duties of the commissioner, registrars, postmasters, and magistrates under this act; (d) The transfer of pension certificates from the register of one district to the register of another district; (e) The issue of duplicate pension certificates in lieu of certificates lost or destroyed; (f) The forms of instruments required or authorized by this act; (g) The mode of payment of pensions; (h) All other matters in respect of which regulations are contemplated or required by this act, or which the governor deems necessary or admissible for the proper administration of this act. (2) Such regulations shall be laid on the table of the House of Representatives within ten days after the commencement of each session, and referred to such sessional committee for report as the House directs. 75. (1) The acts mentioned in the schedule hereto are hereby repealed. (2) The districts into which New Zealand was on the commencement of this act divided for the purposes of the repealed enactment shall be deemed to have been constituted under this act. . (3) The commissioner appointed under the Old-age Pensions Act, 1908, shall be deemed to have been appointed commissioner of pensions under this act. (4) All appointments of officers made under the repealed acts and in force on the commencement of this act shall be deemed to have been made under this act. (5) Every pension existing on the commencement of this act shall be deemed to have been granted under this act; and all applications, investigations, and proceedings pending under any act hereby repealed may be dealt with and completed under the corresponding provisions of this act. SCHEDULE-ACTS REPEALED. 1908, No. 136.-The Old-age Pensions Act, 1908. 1908, No. 245.-The Old-age Pensions Amendment Act, 1908. REGULATIONS UNDER THE PENSIONS ACT 1913. To registrars: PENSIONS DEPARTMENT, HEAD OFFICE, Wellington, 23d October, 1913. The various acts relating to old age, widows', and military pensions have been consolidated in the Pensions Act, 1913, copy of which is herewith forwarded for your future guidance. The opportunity has also been taken of consolidating all existing departmental instructions in this circular, which is to supersede all previous circulars, now hereby withdrawn. The act above referred to, besides being a consolidating measure includes a number of important amendments, which, taken in their sequence, are as follows: SEC. 2. Definition of income.-Friendly society benefits (par. b); relief by way of charity from any source up to £52 in any year (par. c); grants from Gold-miners' and Coal-miners' Relief Funds (par. d); reasonable expenditure of capital (par. g); property received from deceased husband or wife (par. h); and gifts from relatives up to £52 in any year-are now exempt as income for purposes of both old-age and widows' pensions.1 SEC. 16. Definition of child (widows').-The widow's pension is extended to include stepchildren, and also children legally adopted during the lifetime of the applicant's husband. SEC. 20. Description of property (widows').—In addition to furniture and personal effects exempted by previous legislation, the home of a widow to the value of £340--subsection 1-is now excluded from the computation of the pension. Similarly to section 10 (3), subsection (2) of this section provides that any increase in the valuation of a property used as a home subsequent to the original granting of the pension shall not affect the amount of pension. SEC. 27. Anticipated income (old-age and widows').—Under this section any applicant who at the date of application is due to receive income, either by way of earnings, superannuation or otherwise, at the rate of the disqualifying amount will not be eligible for the pension. SEC. 28. Date of Payment.-Provision is herein made for paying the January instalments of all classes of pensions before Christmas. SEC. 30. Magistrates investigation (old-age and widows').—It is herein provided-subsection (3)—that all applications shall be determined by the magis trate in chambers, the public examination in open court being done away with. SEC. 36. Transferred property (old-age and widows').-The magistrate is herein empowered-subsection (2)—to include property disposed of by will by the wife or husband of an applicant in the computation of the pension. The practice has grown under the previous law of persons with considerable estate leaving their property to children, thus enabling the widow (or widower) to qualify for the pension. The new provision has been designed to prevent this, and it will therefore be necessary in future to look closely into the position of all property previously owned by the deceased husband or wife of an applicant. SEC. 46. Pensioners in homes. The payment of instalments of military pensions, but not of widows' pensions, to the governing body of a home or hospital is herein authorized on production of a warrant which will be similar to that already in use for old-age pensions. Registrars are therefore required to issue such warrants as are necessary, and it is desired that military pensions be included in a separate warrant for convenience at head office. SEC. 53. Altered circumstances of pensioner.—This provision (formerly sec tion 48 of the 1908 O. A. P. Act) for old-age pension purposes by the inclusion of the income or property of a husband or wife. SEC 54. Accrued amounts.-Provision is here made for paying amounts accrued to date of death in respect of both old-age and military pensions. The same care is to be exercised by registrars, in regard to both classes of pension, in recommending payment in necessitous cases only. Widows' pensions at death are of course payable to the guardian of the children in terms of seetion 21 of the act. SEC. 56. Penalty for fraud.-An alternative penalty by way of fine is now provided for in lieu of imprisonment. SEC. 57. Convictions for drunkenness.—The compulsory provisions under the old law (section 12, 1908 O. A. P. amendment) for the forfeiture of one or more instalments of pension for drunkenness have been repealed, and the commissioner is now empowered to pay an agent, or to suspend payment as may be deemed desirable. It will still be necessary for all convictions to he noti fied to head office on Form 23 as previously. The power, of course, still remains with the magistrate to refuse the renewal of a pension if the habits of the pensioner warrant it. Section 64 makes it perfectly clear that no one person shall be entitled to claim more than one class of pension payable under the act. 1 Sections relating solely to old-age and military pensions omitted. NOTE. Under section 12 (1) provision is made for an old-age pension applicant being eligible to claia the full pension immediately he ceases work if his income did not exceed £2 12s. 6d. a week. A widow's personal earnings are exempted up to £100 per annum in any case. LIST OF REFERENCES ON "MOTHERS' PENSIONS." 1. Abbott, Edith. UNITED STATES AND GENERAL. Public pensions to widows with children [Review of Mr. Carstens's report.] American economic review, June, 1913, v. 3:473478. 2. The abolition of child poverty by mothers' pensions. National health, Apr. 1917, v. 9:194. 3. Almy, Frederic. Public pensions to widows. Experiences and observa tions which lead me to oppose such a law. (In National conference of charities and correction. Proceedings, 1912, pp. 481-485.) Printed also in The Child (Chicago) 1912, v. 1: 51–54. 4. American academy of political and social science, Philadelphia. Social work with families. . . Editor in charge of this volume: Frank D. Watson. Philadelphia, American academy of political and social science, 1918. 198 p. (Its Annals, v. 77, whole no. 166, May, 1918.) PARTIAL CONTENTS.—The fatherless family, by Helen Glenn Tyson; Desertion and nonsupport in family case work, by Joanna C. Colcord; The illegiti mate family, by Amey E. Watson. 5. Assistance to needy children. Nation, April 17, 1913, v. 96: 378. 6. Baldwin, William H. The most effective methods of dealing with cases of desertion and nonsupport. (In National probation association. Proceedings, 1917, p. 87-99.) 7. Both sides, a debate; mothers' pensions. 80: 206. Independent, Nov. 9, 1914, v. 8. Breckinridge, Sophonisba P. The care of needy families in their homes. Chicago, General educational committee on Chicago philanthropy [n. d.] 6 p. (Studies in Chicago philanthropy, v. 1, no. 3.) 9. 10. The delinquent child and the home, by Sophonisba P. Breckinridge . . . and Edith Abbott . . . with an introduction by Julia C. Lathrop. New York, Charities publication committee, 1912. X, 355 p. incl. illus. 24m. (Russel Sage foundation publications.) Includes statistics of children of working mothers coming before the juvenile court of Cook county, Ill. Neglected widowhood in the juvenile court. American journal of sociology, July, 1910, v. 16:53-87. 11. Bres, Rose Falls. Maids, wives and widows; the law of the land and of the various States as it affects women, New York, E. P. Dutton and company [1918]. 267 p. 191cm. Mothers' pensions: pp. 74-83. 12. Bullock, Edna Dean, comp.. Selected articles on mothers' pensions. White Plains, N. Y., and New York City, The H. W. Wilson company, 1915. xviii, 188 p. 20cm. (Debaters' handbook series.) Bibliography: p. [xi]-xviii. |