Western Australian Consolidated Acts

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SUPERANNUATION AND FAMILY BENEFITS ACT 1938 - SECT 70

70 .         Imprisonment of pensioners

        (1)         Where a male pensioner is sentenced to imprisonment for any period exceeding one month, payment of his pension under this Act shall be discontinued during the period of his imprisonment; and — 

            (a)         if his wife is alive she shall, during that period, be entitled in accordance with the provisions of the Sixth Schedule, as if the pensioner were dead, to pension for herself and for children who were dependent upon the pensioner unless the Board is satisfied after making such inquiry as it thinks fit that payment to the wife is undesirable.

            (b)         if his wife is dead or divorced, pensions for children dependent upon the pensioner shall, during that period, be payable in accordance with the provisions of the Sixth Schedule as if the pensioner were dead.

        (2)         Where a female pensioner is sentenced to imprisonment for any period exceeding one month, payment of her pension under this Act shall be discontinued during the period of her imprisonment: Provided that any pension payable to her in respect of children shall be payable under the Sixth Schedule as if she were dead.

        [Section 70 8 amended by No. 75 of 1973 s.24.]



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