Div 5Wives’ and Children’s Allowances.

Division 5.—Wives’ and Children’s Allowances. 31.—(1.) In this Division— “dependent female” means a woman who, for not less than three years prior to the date of the determination of her eligibility for an allowance under this Division, has lived with an invalid pensioner (in this Division referred to as her husband) as his wife on a permanent and bona fide domestic basis, although not legally married to him; “invalid pensioner” includes an age pensioner who is permanently incapacitated for work or is permanently blind; “wife” includes a dependent female. (2.) Where a husband has the custody, care and control of a child, that child shall, except where the husband and his wife are living apart, be deemed, for the purposes of this Division, to be in the custody, care and control of the wife. Wife’s allowance. 32.—(1.) Subject to this Part, a wife (not being an age or invalid pensioner) whose husband is an invalid pensioner shall, so long as her husband continues to be an invalid pensioner, be qualified to receive a wife’s allowance. (2.) A wife’s allowance shall not be payable to a wife who is living apart from her husband. Amount of wife’s allowance. 33.—(1.) Subject to this Part, the rate of a wife’s allowance shall be such rate as the Director-General determines, but shall not exceed the rate of Fifty-two pounds per annum. (2.) The annual rate at which a wife’s allowance is determined shall be reduced— (a) by the amount (if any) by which the income of the wife, apart from the allowance, exceeds Fifty-two pounds per annum; and (b) by One pound for every complete Ten pounds of that portion of the value of the property of the wife which exceeds Fifty pounds but does not exceed Four hundred pounds, and by Two pounds for every complete Ten pounds of the remainder (if any) of the value of that property. (3.) The provisions of sections twenty-nine and thirty of this Act shall be applicable in relation to the income of the wife and the value of her property for the purposes of this section. Child’s allowance. 34.—(1.) Where a woman— (a) is in receipt of a wife’s allowance; or (b) would, but for the operation of sub-section (2.) of the last preceding section, be entitled to receive a wife’s allowance, and has, or is deemed by the Director-General to have, the custody, care and control of one or more children under the age of sixteen years, that woman shall, so long as her husband continues to be an invalid pensioner, be qualified to receive a child’s allowance. (2.) A child’s allowance shall not be payable under the last preceding sub-section to a wife who is living apart from her husband. (3.) Where an invalid pensioner has the custody, care and control of one or more children under the age of sixteen years, he shall, so long as he continues to be an invalid pensioner, be qualified to receive a child’s allowance. (4.) Where both a husband and his wife would be qualified to receive a child’s allowance, a child’s allowance shall not be payable to the husband. (5.) Where a person in receipt of a child’s allowance no longer has the custody, care and control of any child under the age of sixteen years, that person shall cease to be qualified to receive a child’s allowance. (6.) The rate of a child’s allowance shall be Thirteen pounds per annum. Allowances not to be paid in certain circumstances. 35. A wife’s allowance or child’s allowance shall not be payable— (a) to a person who is in receipt of a service pension under the Australian Soldiers’ Repatriation Act 1920–1947; (b) to a person who is an inmate of a benevolent asylum or hospital for the insane; (c) to a woman whose husband is an inmate of a hospital for the insane; or (d) to a woman whose husband is an inmate of a benevolent asylum, unless she has the custody, care and control of a child under the age of sixteen years or is not less than fifty years of age.