Family Allowances and National Insurance (Australia) Order 1962
| Jurisdiction | UK Non-devolved |
| Citation | SI 1962/1869 |
1962 No. 1869
FAMILY ALLOWANCES
NATIONAL INSURANCE
The Family Allowances and National Insurance (Australia) Order 196224thAugust 1962
At the Court at Balmoral, 24th August 1962
Present,
The Queen's Most Excellent Majesty in Council
Whereas by the Family Allowances and National Insurance (Australia) Order 1958(a) (hereinafter referred to as "the Principal Order"), made in pursuance of section 64 of the National Insurance Act 1946(b) as extended by section 4 (1) of the Family Allowances and National Insurance Act 1956(c), it was ordered that the provisions of an Agreement set out in the schedule to the Principal Order (hereinafter referred to as "the Principal Agreement") providing for reciprocity between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Australia should have effect in relation to matters specified in the said section as so extended, and that the enactments referred to in the Principal Order should be modified accordingly:
And Whereas at Canberra on 16th August 1962 an Agreement between the aforementioned Governments (which Agreement is set out in the Schedule hereto), modifying and extending the Principal Agreement, was signed on behalf of those Governments:
And Whereas by Article 18 of the Agreement it was provided that the Agreement should enter into force on 1st October 1962 and should be read and construed as one with the Principal Agreement:
Now, therefore, Her Majesty, in pursuance of the said section 64 of the National Insurance Act 1946 as so extended, and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and interpretation
1.—(1) This Order may be cited as the Family Allowances and National Insurance (Australia) Order 1962.
(2) The rules for the construction of Acts of Parliament contained in the Interpretation Act 1889(d), shall apply for the purpose of the interpretation of this Order as they apply for the interpretation of an Act of Parliament.
(a) S.I. 1958/422 (1958 II, p. 1584).
(b) 9 & 10 Geo. 6. c. 67.
(c) 4 & 5 Eliz. 2. c. 50.
(d) 52 & 53 Vict. c. 63.
Modification of Acts
2. The provisions contained in the Agreement set out in the Schedule hereto shall have full force and effect, so far as the same relate to England, Wales and Scotland and provide by way of agreement with the Government of the Commonwealth of Australia for reciprocity in any matters specified in section 64 (1) of the National Insurance Act 1946, as extended by section 4 (1) of the Family Allowances and National Insurance Act 1956 (which subsections relate to reciprocal agreements with other governments); and the Family Allowances Acts 1945 to 1961 and the National Insurance Acts 1946 to 1961 shall have effect subject to such modifications as may be required therein for the purpose of giving effect to the said provisions.
E. N. Landale.
SCHEDULE
AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA
Canberra, 16th August 1962
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Australia,
Desiring to modify and extend the Agreement on Social Security which was signed on their behalf at Canberra on the 29th January 1958,
Have agreed as follows:
ARTICLE 1
For the purposes of this Agreement, the expression "the Principal Agreement" means the Agreement on Social Security between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Australia which was signed at Canberra on behalf of those Governments on the 29th January 1958,
ARTICLE 2
Article 1 of the Principal Agreement shall be amended—
(a) by inserting after paragraph (d) the following paragraph:—
"(da) 'contribution', in relation to the legislation of the United Kingdom, does not include a graduated contribution within the meaning of that legislation;";
(b) by omitting paragraph (n) and substituting the following paragraph:—
"(n) 'retirement pension' means a retirement pension under the legislation of the United Kingdom and includes a contributory old age pension under that legislation and any graduated retirement benefit constituted by an increase in the weekly rate of a retirement pension under that legislation;"; and
(c) by omitting paragraph (p) and substituting the following paragraph:—
"(p) 'widow's benefit', in relation to the United Kingdom, means a widow's allowance, a widowed mother's allowance (including any graduated retirement benefit constituted by an increase in the weekly rate of a widowed mother's allowance) or a widow's pension under the legislation of that country or a widow's basic pension payable under the legislation of that country to a woman who became a widow before the 5th July, 1948;".
ARTICLE 3
Article 2 of...
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