An Act To make provision for the grant of pensions to widows having young children dependent on them.1 (28th October, 1911.)

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1. This act may be cited as the Widows' Pensions Act, 1911, and shall come into operation on the first day of January, nineteen hundred and twelve.

2. In this act, unless a contrary intention appears

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Commissioner means the commissioner under the Old-age Pension Act, 1908:

"Registrar" means a registrar of old-age pensions under the said act: "District" means a district constituted by the Governor for the purposes of and under the authority of the said act:

"Pension year" means in respect of an original pension certificate a period of twelve months commencing on the first day of the month in which the pension claim is made on which that certificate is issued, and in respect of a renewed pension certificate means a period of twelve months commencing on the corresponding day of any subsequent year:

"Pension certificate means a certificate granted by a magistrate for the payment of a pension under this act:

1 For legislative history of this act see New Zealand. Parliamentary debates, 1911, V. 156: 648-51, 692-3, 697, 815-9, 867-9, 938-42.

"Original pension certificate" means any pension certificate other than a renewed pension certificate:

"Renewed pension certificate" means a pension certificate for the continuance of a pension already granted under this act, whether with or without any alteration in the amount thereof.

3. Subject to the provisions of this act, every widow who at the commencement of any pension year conforms to the requirements hereinafter set forth shall be entitled to receive during that year a pension at the rate hereinafter provided.

4. No widow shall be entitled to a pension unless she is resident in New Zealand and has a child or children to whom this act is applicable.

5. This act shall not apply to

(a) Any child over the age of fourteen years:

(b) Any illegitimate child, unless legitimated by the subsequent marriage of the parents:

(c) Any adopted child:

(d) Any child born out of New Zealand:

(e) Any child born in New Zealand unless its mother was resident in New Zealand for not less than six months before its birth.

6. No widow shall be entitled to a pension unless the magistrate to whom the application for a pension certificate is made is satisfied that she is of sober habits and of good moral character, and that the pension will be properly used for the support of her children.

7. (1) A pension under this act shall be payable at the following rates, subject to the deduction hereinafter provided:

(a) If the widow has one child to whom this act applies the pension shall amount to twelve pounds [$58.44] a year:

(b) If she has two such children the pension shall be eighteen pounds [$87.66]

a year:

(c) If she has three such children, the pension shall be twenty-four pounds [$116.88] a year:

(d) If she has more than three such children the pension shall be thirty pounds [$146.10] a year.

(2) Each of the foregoing rates of pension shall be subject to a deduction of one pound [$4.87] for every pound by which the annual income, as hereinafter defined, of the widow and her children as aforesaid exceeds the sum of thirty pounds [$146.10].

8. (1) The term "annual income" as used in this act means the aggregate income from all sources (other than personal earnings and a pension under this act, not exceeding together the sum of one hundred pounds [$487]) for the year ending one month before the commencement of the pension year.

(2) If a widow or any of her children to whom this act applies is the owner of any property which produces no income, or which produces an income less than five per centum of the value of that property, the widow or child shall for the purposes of this act be deemed to be in receipt from that property of an annual income equal to five per centum of the value thereof.

(3) If a widow or any of her children to whom this act applies is in receipt of any income which is partly derived from property and is partly personal earnings in respect of that property, the magistrate to whom the application for a pension certificate is made shall apportion that income in such manner as he thinks just, and the part thereof which is so apportioned as personal earnings shall not be computed as income for the purposes of this act.

9. Except as hereinafter provided, the rate of each year's pension shall not vary during the year.

10. No widow shall be entitled to a pension if she has at any time, whether before or after the coming into operation of this act, deprived herself directly or indirectly of property or income in order to qualify for a pension, or in order to increase the pension to which she would otherwise be entitled.

11. (1) Every pension shall be granted for and in respect of a single pension year, and shall commence at the beginning of that year.

(2) Every pension shall be payable by twelve equal monthly installments on the first day of each month, the first of such installments being payable on the first day of the second month of the pension year.

(3) The pension for each year shall be payable pursuant to a pension certificate issued in the prescribed form in respect of that year and not otherwise. 12. (1) Every application for a pension certificate (in this act termed a pension claim) shall be made in writing in the prescribed form and manner, and shall be delivered to the registrar of the district wherein the claimant resides, or to the nearest postmaster, who shall forthwith forward the same to the registrar.

(2) The date of such delivery of the claim to the registrar or postmaster shall be deemed to be the date of the making of the application.

(3) The claimant shall by statutory declaration affirm that the contents of the pension claim are true and correct in every material point.

(4) The pension claim shall state on the face thereof whether it is an application for an original pension certificate or for a renewed pension certificate. 13. If an application for a renewed pension certificate is made later than the end of the first month of the pension year, the installments of that year's pension for each complete month which has elapsed before the making of the application shall be deemed to be forfeited, and shall be excluded accordingly from the renewed pension certificate, unless the magistrate hearing the application is satisfied that the delay arose from unavoidable circumstances or is otherwise fit to be excused.

14. (1) Every pension claim shall be heard and determined by a magistrate exercising the jurisdiction of the magistrate's court in the district in which the claim is made; and the decision of the magistrate shall be final and conclusive.

(2) The Governor may, by order in council, make regulations governing the procedure in the hearing and determination of such claims.

15. So soon as any pension claim is established to the satisfaction of the magistrate hearing the same he shall, in the prescribed manner and form, certify the same to the registrar, who shall thereupon, in the prescribed manner and form, issue to the claimant an original or renewed pension certificate, as the case may be.

16. (1) Each monthly installment of a pension shall be payable at the postoffice money-order office named in the pension certificate.

(2) On application in the prescribed manner, the office at which installments are so payable may be changed from time to time.

17. (1) Subject to the provisions of this act, each monthly installment shall be payable at any time within one month after its due date on the personal application of the pensioner and the production of her pension certificate at the proper post office money-order office.

(2) Any installment payable in respect of any month which has expired before the issue of the pension certificate shall be payable at the same time as the first installment which becomes due after the issue of the certificate.

(3) The commissioner may at any time, in his discretion, waive strict compliance with the requirements of this section in any case in which those re

quirements have not been complied with by reason of the pensioner's illness, absence, or other sufficient cause, notwithstanding that the above-mentioned period of payment has already expired.

(4) In default of strict compliance with the requirements of this section, but subject to any such waiver as aforesaid, every installment in respect of which such default has been made shall be deemed to be forfeited.

18. (1) On production to the postmaster of a warrant in the prescribed form, signed by the commissioner, the installments of a pension or any of them may be paid to any clergyman, justice of the peace, or other reputable person named in the warrant for the benefit of the pensioner or her children.

(2) Such a warrant may be issued by the commissioner, either with or without the consent of the pensioner, whenever he is satisfied that it is expedient so to do, having regard to the age, infirmity, or improvidence of the pensioner, or any other special circumstances.

(3) The person to whom installments are so paid in pursuance of any such warrant shall hold the same in trust to expend them in such manner as he thinks fit for the benefit of the pensioner or of her children, but the pensioner shall have no control or power of disposition over any moneys so received in trust.

(4) Any warrant issued under this section may be at any time revoked by the commissioner.

(5) While any such warrant remains in force no installment to which it relates shall be payable except to the person named in the warrant in that behalf.

19. The written receipt of any person for any installment paid to that person on the production of a pension certificate or of a warrant under the last preceding section shall be conclusive evidence of due payment of that installment to the person entitled thereto, nowithstanding any mistake as to the identity of the recipient or as to any other matter.

20. If at any time during a pension year the pensioner dies or marries, or ceases to reside in New Zealand, her pension shall cease, and no installment thereof which is not then already due shall be payable.

21. The right to a pension or the amount of a pension shall not be affected during any pension year by reason merely of the fact that any child of the pensioner has during that year attained the age of fourteen years, or by reason merely of the death of any child of the pensioner.

22. If at any time the commissioner has reason to believe that any pension certificate has been improperly obtained, or has been granted in error, he may cause the payment of all installments of that pension to be suspended pending an inquiry before a magistrate under the next succeeding section.

23. (1) The magistrate may at any time, on the application of the commissioner, review any pension certificate, whether still current or already expired, on the ground of any alleged error in the grant thereof, and may either cancel the same or vary the same by diminishing the amount thereof in such manner as he thinks fit, having regard to the provisions of this act.

(2) Any order so made by the magistrate shall take effect retrospectively as from the commencement of the pension year in respect of which it is made.

24. When by reason of the cancellation or variation of a pension certificate, or by reason of determination during any pension year of the right to receive further payments of that pension, any pensioner has received any payments in excess of the amount to which she was lawfully entitled, all sums so received by her shall constitute a debt due by her to the Crown, and shall be recoverable accordingly in any court of competent jurisdiction, or may be deducted from any moneys thereafter becoming payable to her under this act.

25. Every person is liable on summary conviction to three months' imprisonment who

(a) By means of any willfully false statement obtains or attempts to obtain a pension under this act not being lawfully entitled thereto, or a pension of a larger amount than that person is lawfully entitled to; or

(b) Knowingly obtains or attempts to obtain payment of any installment of a pension which has ceased to be payable; or

(c) By means of personation or any other fraudulent device obtains or attempts to obtain payment of any installment of a pension; or

(d) Willfully aids, abets, counsels, procures, or incites any person to obtain or attempt to obtain without right a pension or the payment of any installment of a pension.

26. Every person commits an offence and is liable on summary conviction to a fine of fifty pounds who receives, demands, or offers or agrees to receive any money or other reward or remuneration in consideration of procuring or attempting to procure for any other person a pension under this act, but nothing in this section shall extend or apply to any proper payment for legal services rendered by any solicitor of the supreme court.

27. A pension under this act shall be inalienable, whether by way of assignment, charge, execution, bankruptcy, or otherwise howsoever.

28. A statutory declaration required or authorized by this act or by any regulations made thereunder may be made before any justice of the peace, solicitor of the supreme court, registrar, postmaster, or constable.

29. No stamp duty shall be payable on any statutory declaration, receipt, or other document made or given for the purposes of this act.

30. The minister of finance 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 for the payment of pensions under this act.

31. All expenses incurred in the administration of this act other than the payment of pensions shall be payable out of moneys to be from time to time appropriated by Parliament.

32. This act, in so far as it applies to the grant of pensions, shall not apply to

(a) Aliens; nor to

(b) Chinese or other Asiatics, whether naturalized or not, and whether British subjects by birth or not.

33. (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.