Old-age Pension Regulations




1980
THE NEW ZEALAND GAZETTE.
[No. 89

(3.) All such inquiries shall where practicable be completed before the date of the Stipendiary Magistrate’s investigation; and the result of such inquiries may be either reported in writing to the Stipendiary Magistrate, under the hand of the person by whom they were made, or may be given by him in evidence on the Stipendiary Magistrate’s investigation.

(4.) The Stipendiary Magistrate may in his discretion accept such report or evidence as testimony for or against the claim.

(5.) The Stipendiary Magistrate may also, in his discretion, accept as testimony for or against the claim—
(a.) A statutory declaration made by any clergyman, Justice, Postmaster, or other reputable person, who therein declares to what he either knows of his own knowledge to be true, or, from inquiries made by him, believes to be true; or
(b.) Any other documentary evidence, whether strictly legal evidence or not; or
(c.) The sworn spoken evidence of any reputable person who deposes to what, from inquiries made by him, he believes to be true; or
(d.) The knowledge or observation of the Stipendiary Magistrate himself.

OLD-AGE PENSION REGISTER.

  1. The Old-age Pension Register shall be in the form numbered 7 in the Schedule hereto.

  2. In addition to the particulars prescribed in section 32 of the said Act, the Old-age Pension Register shall contain a “Remarks” column, in which shall be recorded the transfer of a pension-certificate to the Register of another district, the change of office of payment, the issue of a duplicate pension-certificate, the issue of a warrant or of an order of a Court, the cancellation of a warrant or certificate, the forfeiture of a pension or of any instalment, the death of a pensioner, and any other circumstance affecting the payment of a pension. And the Deputy Registrar shall, in respect of every such record, forthwith advise the Registrar thereof, by telegraph and also by notice, in the form numbered 8 in the Schedule hereto.

PENSION-CERTIFICATES, AND MATTERS RELATING THERETO.

  1. The pension-certificate shall be in the form numbered 9 in the Schedule hereto; and the date thereof shall, in the case of the first year’s pension, be the same as the date of the Stipendiary Magistrate’s certificate, and in the case of each subsequent year’s pension the same as the date of the expiry of the last-preceding pension-year.

  2. If a pensioner loses his pension-certificate, he may make application, by statutory declaration, in the form numbered 10 in the Schedule hereto, to the Deputy Registrar for the district of registry of the lost certificate, for a duplicate certificate; and the Deputy Registrar, if satisfied that the original certificate has been lost, shall issue a duplicate.

  3. Such duplicate shall be a duplicate original of the lost certificate, and shall bear across its face the printed word “duplicate,” together with a note in writing under the hand of the Deputy Registrar stating the date on which the duplicate is issued.

  4. The application for transfer of a pension-certificate from the Register in one district to the Register in another shall be in the form numbered 11 in the Schedule hereto, and with respect thereto the following provisions shall apply:—
    (1.) It shall not be granted unless the Deputy Registrar, to whom the application is made, is satisfied that the applicant has permanently changed his residence to the new district, nor unless the pension-certificate is lodged with the application.
    (2.) For the purpose of effecting the transfer the Deputy Registrar shall issue a transfer-warrant in the form numbered 12 in the Schedule hereto, and transmit the same, together with the pension-certificate, to the Deputy Registrar for the new district:
    Provided that the transfer-warrant shall not be issued during the period elapsing between the twenty-first day of one month and the seventh day of the following month.
    (3.) The Deputy Registrar issuing the warrant shall note the transfer in his Old-age Pension Register.
    (4.) The Deputy Registrar to whom the warrant and certificate are transmitted shall file the warrant, and deliver the certificate to the pensioner, having first recorded it in his Register, and noted on it the new number by which it is recorded, the date of the record, and the name of the new district.

PAYMENT OF PENSIONS, AND MATTERS RELATING THERETO.

  1. When receiving payment of any instalment of a pension the payee shall give a receipt for the same in the form numbered 13 in the Schedule hereto, and when making the payment the Postmaster or officer making the same shall note on the back of the produced certificate the date and fact of the payment, and affix to such note his initials and office-stamp.

  2. If the payee is other than the pensioner, the payee shall in such receipt certify that, to the best of his knowledge and belief, the pensioner was living in New Zealand at the due date of the instalment, and is entitled thereto.

  3. In the event of any instalment being forfeited under section 39 of the said Act, the pensioner or other the person entitled to receive payment may, within fourteen days thereafter, but not later, make application in the form numbered 14 in the Schedule hereto to a Stipendiary Magistrate or two Justices for a warrant of waiver in the form numbered 15 in the Schedule hereto.

  4. Such warrant shall be subscribed to or indorsed upon the application, and shall be delivered up to the Postmaster by the payee when receiving payment of the instalment to which it relates.

  5. With respect to warrants under section 43 of the said Act, authorising payment of instalments of a pension to the governing body of a charitable institution, the following provisions shall apply:—
    (1.) The application for the warrant shall be in the form numbered 16 in the Schedule hereto, and shall specify—
    (a.) The name of every pensioner to which it relates;
    (b.) The number of his pension-certificate;
    (c.) The amount of his instalment applied for, being in every case one instalment, and no more;
    (d.) The cost and period of his maintenance or relief, such period in no case commencing earlier than one calendar month before the day on which the application is made, and in no case comprising any period prior to the grant of the pension.
    (2.) In token of the pensioner’s consent to the application his pension-certificate shall be produced to the Stipendiary Magistrate with the application.
    (3.) The warrant shall be in the form numbered 17 in the Schedule hereto, and shall be subscribed to or indorsed on the application.
    (4.) The warrant may relate to more pensioners than one, but shall in each case relate only to one instalment, and shall be delivered up to the Postmaster by the payee when receiving payment of the instalments to which it relates.
    (5.) If any dispute arises between the pensioner and the institution as to the proper disposal of the instalment, the question shall be decided in a summary way by a Stipendiary Magistrate or any two Justices.

  6. With respect to warrants under section 44 of the said Act, authorising payment of instalments of a pension to any clergyman, Justice, or other reputable person for the benefit of the pensioner, the following provisions shall apply:—
    (1.) The application for the warrant shall be in the form numbered 18 in the Schedule hereto.
    (2.) The applicant may be the pensioner, the proposed payee, or any other reputable person competent to speak to the facts.
    (3.) If the applicant is other than the proposed payee the application shall bear the proposed payee’s consent in writing.
    (4.) If the applicant is other than the pensioner the application shall not be dealt with by the Stipendiary Magistrate unless it bears the pensioner’s consent in writing, or the Magistrate is satisfied that the pensioner knows of the intended application, and has had reasonable opportunity of objecting thereto.
    (5.) The warrant shall be in the form numbered 19 in the Schedule hereto, and shall continue in force until cancelled by order of a Stipendiary Magistrate on good cause shown.
    (6.) The Stipendiary Magistrate by whom the warrant is signed shall transmit it to the Deputy Registrar, who shall forthwith record it in the Old-age Pension Register, and then issue it to the person entitled.

  7. Whenever any instalment is payable under a warrant, or under the order of a Court, the pension-certificate shall be produced at the time of payment by the pensioner or other payee, together with the warrant or order, except where the warrant or order otherwise provides.

  8. If the pensioner, or other the person authorised to receive payment of the instalments of a pension, desires that



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VUW Te Waharoa PDF NZ Gazette 1898, No 89





✨ LLM interpretation of page content

🏥 Regulations under the Old-age Pensions Act, 1898 (continued from previous page)

🏥 Health & Social Welfare
9 December 1898
Old-age Pensions, Regulations, Pension Claims, Stipendiary Magistrate, Deputy Registrar