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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
The 1926 rulebook set out how Australians claimed and qualified for national old‑age and invalidity pensions, defining eligibility, application vetting, and payment. It covered older adults and permanently incapacitated people who met residency, age and “good character” tests.
It established detailed means‑testing, invasive financial checks and formal hearings — creating an early social safety net shaped by 1920s ideas of the “deserving” poor and fraud prevention.
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Direct links to the current provisions in Invalid and Old-age Pensions Regulations.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
STATUTORY RULES.
1926. No. 178.
REGULATIONS UNDER THE INVALID AND OLD-AGE PENSIONS ACT 1908-1926.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Invalid and Old-Age Pensions Act 1908-1926, to come into operation forthwith.
Dated this seventeenth day of December, 1926.
STONEHAVEN,
Governor-General.
By His Excellency’s Command,
THOS. W. CRAWFORD,
for Treasurer.
INVALID AND OLD-AGE PENSIONS REGULATIONS.
Part I.—Introductory.
Short title.
Parts.
Part I.—Introductory.
Part II.—Lodging, Investigation, and Determination of Claims.
Part III.—Payment of Pensions.
Part IV.—Miscellaneous.
Declaration by officers.
3. The declaration to be made by the Commissioner, the Assistant Commissioner and the Deputy Commissioners, under section 13 of the Act, shall be in accordance with Form 1.
Assistance to claimants.
4. All officers of the Public Service of the Commonwealth shall, so far as is consistent with their duties, give all reasonable assistance to claimants in the preparation of pension claims.
Declarations.
A postmaster or postmistress, or person in charge of a post office, a police, stipendiary or special magistrate of the Commonwealth or of a State, a justice of the peace, a barrister or solicitor, a State school head teacher, an officer of the Department of Trade and Customs, a member of the police force of the Commonwealth or of a State, a legally qualified
C.15061.—Price 1s.
medical practitioner, a notary public, a commissioner for affidavits, a commissioner for declarations, a registrar, a minister of religion, an officer of the Commonwealth Department of the Treasury, a councillor of any municipality or shire, or a member of the Parliament of the Commonwealth.
(2) If any person wilfully makes any false statement in any declaration provided for under these Regulations he shall, if subject to no higher penalty under the Act, be liable to a penalty not exceeding One hundred pounds.
Part II.—Lodging, Investigation, and Determination of Claims.
Pension claims.
(1) a pension claim in accordance with Form 2, if claim is made for an Old-age Pension, or a pension claim in accordance with Form 3 if claim is made for an Invalid Pension;
(2) a declaration, in accordance with Form 4, made by a person acquainted with the claimant; and
(3) an identification card in accordance with Form 5.
Record of claims.
Investigation by Registrar.
Provided that in any case in which it appears that documentary evidence as to the claimant’s age is not easily obtainable, it shall not be necessary for the Registrar to make further inquiries on the point if he believes that the age qualification will be obvious when the claimant appears before the Magistrate.
Reference to Magistrate.
Delay in investigation.
Examination by Medical Referee.
Calculation of pension.
(2) In the case of a permanently blind claimant the amount of pension which may be recommended shall be calculated by deducting from Two hundred and twenty-one pounds or from such other amount as is declared by any Act or by any authority constituted under an Act to be a basic wage for the portion of the Commonwealth in which the claimant resides, the amount of the income of the claimant and of the claimant’s wife or husband, as the case may be, including income from accumulated property, and from the balance remaining, or from Fifty-two pounds, whichever is lower in amount, there shall be deducted an amount, calculated as directed in sub-section (2) of section 24 of the Act, in respect of the net capital value of the claimant’s accumulated property.
Section 25 of Act not to apply in certain cases.
13. If for any special reason the Commissioner is of opinion that paragraph (d) of section 25 of the Act should not apply in any particular case, he may direct that it shall not apply.
Sale of home.
Recommendation by Magistrate.
Return of papers to Registrar, &c.
16. (1) When a Magistrate has recommended the admission or rejection of a pension claim, he shall forward to the Registrar all the papers relating to the claim, together with the notes of evidence taken at the investigation of the claim.
(2) Subject to paragraph (3) of this regulation, the Registrar shall send to the Deputy Commissioner the papers and the evidence received from the Magistrate together with the identification card.
(3) In cases where the recommendation by the Magistrate for the rejection of the claim shows that no material point has been disproved, bat that some material points have not been proved or have not been sufficiently proved, the Registrar shall retain the papers for one month, or until he has received from the claimant a notice in accordance with Form 19 of intention to adduce fresh evidence, in which case the matter shall be dealt with as prescribed by section 32 of the Act. if a notice in accordance with Form 19 has not been received, or if the notice has been received and the case has been dealt with as directed, the Registrar shall forthwith forward the papers, evidence and identification card to the Deputy Commissioner,
Appeal to Minister
Rehearing of claim.
Advice of determination of claim.
19. The determination of the Commissioner or Deputy Commissioner in relation to any claim shall be communicated to the claimant in accordance with Form 21 or Form 22.
Income and property statement.
(2) Where it is necessary to ask the police for a report regarding income and property statements, the request to the police shall be in accordance with Form 25.
Part III.—Payment of Pensions.
Pension certificate.
Provided that where money is payable to a pensioner while he is an inmate of a benevolent asylum or hospital the pension certificate shall be in such form as is directed by the Commissioner and it shall not be necessary to prepare an identification card in accordance with Form 5.
Authority for payment of pension.
Provided that, as regards the method of paying, the postmaster or other officer shall follow such instructions as are from time to time issued by the Commissioner:
Provided also that, if so instructed by the Commissioner or Deputy Commissioner, the postmaster or other officer shall not make payment of the pension.
Pension fortnight.
Provided that the amount of pension payable in respect of the fortnight which commenced on 28th April, 1921, shall be not more than one-half of the usual fortnightly instalment.
(2) Every such fortnight shall be known as a “pension fortnight,” and the first day of every “pension fortnight” shall be known as “Pension Thursday,”
Due date of instalments.
(2) Any moneys due to a pensioner on his discharge from a hospital or a benevolent asylum shall be deemed to be one instalment, and the due date thereof shall be the day of the pensioner’s discharge from the institution.
Duplicate pension certificate.
Change of place of payment.
26. (1) If a pensioner desires to permanently leave the place at which he resides to reside in another place, he may make application in Form 28 to the postmaster or other officer authorized to pay his pension, and if the postmaster or other officer is satisfied that the request is a reasonable one, he shall make a note on the pensioner’s identification card and on the pension certificate, as follows:—”Payment to be made in future at .” The postmaster or other officer shall also make a note on the identification card as follows:— “The last payment made at this office was due on ‘Pension Thursday,’ the 19 ,” and shall add his signature, and shall forward
the identification card by post to the office to which payment is to be transferred. Upon receipt of the identification card, the postmaster or other officer at the office to which payment has been transferred shall, subject to any instructions issued by the Commissioner or Deputy Commissioner, make payment of the pension as it falls due.
(2) The application in accordance with Form 28 shall, if approved by the postmaster or other officer, be transmitted to the Deputy Commissioner.
(3) A pensioner shall not, without the permission of the Deputy Commissioner, be allowed to change the office of payment more than twice in any calendar year.
Receipt for instalment of pension.
Payment to be made only to pensioner or warrantee.
Provided that, if approved by the Deputy Commissioner, payment may be made
This is an opening excerpt, not the complete document.