INVALID AND OLD-AGE PENSIONS (RECIPROCITY WITH NEW ZEALAND).

No. 36 of 1943.

An Act to provide for Reciprocity in relation to Invalid and Old-age Pensions between the Commonwealth of Australia and the Dominion of New Zealand.

[Assented to 3rd July, 1943.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Invalid and Old-age Pensions (Reciprocity with New Zealand) Act 1943.

Commencement.

2. This Act shall commence on a date to be fixed by Proclamation.

Definitions.

3. In this Act, unless the contrary intention appears—

“the Act” means the Invalid and Old-age Pensions Act 1908–1943;

“the Dominion” means the Dominion of New Zealand.

Approval of reciprocity agreement.

4. The execution, by or on behalf of the Commonwealth, of an agreement in the form set out in the Schedule to this Act is approved.

Residence in New Zealand to be treated as residence in Australia.

5. Where a person resident in Australia was, immediately prior to becoming resident in Australia, resident in the Dominion, the residence of that person in the Dominion shall, for the purposes of the Act, be treated as if it were residence in Australia.

Persons becoming incapacitated in New Zealand to be eligible for invalid pensions.

6. Where a person resident in Australia became permanently incapacitated for work or permanently blind in the Dominion, that person shall, for the purposes of the Act, be treated as if he had become permanently incapacitated or permanently blind, as the case may be, in Australia.

Nationality of former residents of New Zealand.

7. Where a claimant for an invalid or old-age pension resident in Australia was, immediately prior to becoming resident in Australia, resident in the Dominion, and that person is not a British subject according to the law of the Commonwealth but, while resident in the Dominion, was a British subject according to the law of the Dominion, that person shall, for the purposes of the Act, be treated as if he were a British subject.

Maoris not to be disqualified from receiving pension.

8. An aboriginal native of the Dominion resident in Australia shall not be disqualified from receiving an invalid or old-age pension under the Act by reason only of the fact that he is such an aboriginal native.

More restrictive conditions of laws to be complied with.

9. A person shall not be qualified to receive an invalid or old-age pension by virtue of the provisions of this Act, unless that person complies with the more restrictive conditions of the laws, whether as to residence or otherwise, of the Commonwealth and of the Dominion in respect of the grant of that pension, and the rate of pension shall not exceed the maximum rate of pension payable under the law of the country which provides the lower maximum rate.

Section 4. THE SCHEDULE.

Agreement made this day of One thousand

nine hundred and , between,  the Prime Minister of the Commonwealth of Australia (in this Agreement referred to as “the Commonwealth”), acting for the Government of the Commonwealth, of the one part and              

, the Prime Minister of the Dominion of New Zealand (in this Agreement referred to as “the Dominion”), acting for the Government of the Dominion of the other part, whereby it is hereby agreed as follows:—

1. This Agreement shall have no force or effect and shall not be binding on either party thereto until it has been approved by the Parliaments of the Commonwealth and the Dominion.

2. There shall be reciprocity between the Commonwealth and the Dominion, on the terms set out in this Agreement, with respect to the payment of old-age pensions and age benefits and invalid pensions and invalids’ benefits.

3. Where a person, resident within Australia, applies to the Commonwealth for an old-age pension and that person is disqualified from receiving the pension in respect of the condition of residence within Australia, the Commonwealth will, in dealing with the application, treat residence within New Zealand as if it were residence within Australia.

4. Where a person, resident within New Zealand, applies to the Dominion for an age benefit and that person is disqualified from receiving the benefit in respect of the condition of residence within New Zealand, the Dominion will, in dealing with the application, treat residence within Australia as if it were residence within New Zealand.

The Schedule—continued.

5. Where a person, resident within Australia, applies to the Commonwealth for an invalid pension and that person is disqualified from receiving the pension—

(a) on account of failure to comply with the condition of residence, or

(b) by reason of the fact that he did not become permanently incapacitated whilst in Australia,

or on both grounds, the Commonwealth will, in dealing with the application, treat residence within New Zealand as if it were residence within Australia and will treat permanent incapacity arising in New Zealand as if it had arisen in Australia.

6. Where a person, resident within New Zealand, applies to the Dominion for an invalids’ benefit and that person is disqualified from receiving the benefit—

(a) on account of failure to comply with the condition of residence, or

(b) by reason of the fact that he did not become permanently incapacitated whilst in New Zealand,

or on both grounds, the Dominion will, in dealing with the application, treat residence within Australia as if it were residence within New Zealand and will treat permanent incapacity arising in Australia as if it had arisen in New Zealand.

7. A pension or benefit as hereinbefore mentioned shall not be granted by either of the Contracting Governments to any person in pursuance of the foregoing provisions of this Agreement unless that Government is satisfied that the person complies with the more restrictive conditions of the laws, whether as to residence or otherwise of both countries in respect of the grant of that pension or benefit, and the amount of any pension or benefit so granted shall not exceed the maximum rate of old-age pension or age benefit or invalid pension or invalids’ benefit (as the case may be) payable under the law of the country which provides the lower maximum rate.

8. A person who, in either Australia or New Zealand, is a British subject shall for the purposes of the foregoing provisions of this Agreement be accepted as a British subject by the Government of the other country.

9. Where an aboriginal native of New Zealand, resident within Australia, applies to the Commonwealth for an old-age pension or an invalid pension, that person shall not be disqualified from receiving pension by reason only of the fact that he is such an aboriginal native.

10. Any pension or benefit payable in Australia or in New Zealand in pursuance of this Agreement shall be paid in accordance with the conditions and practice from time to time in force in Australia or New Zealand as the case may be in relation to the payment of pensions or benefits of a similar nature.

11. This agreement may be terminated by either Government upon six months’ notice to the other Government.