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Acts Affecting Native Lands, Etc. (In English and Maori), Passed by the General Assembly, Session 1892, 1893, 1897, 1898, 1899.

Payment of Pensions and Forfeiture of Instalments

Payment of Pensions and Forfeiture of Instalments.

36.Where pension payable. Each monthly instalment of the pension shall be payable at the post-office money-order office named in the pension-certificate.
37.Change of place of payment. On application in the prescribed manner, the name of such office may be changed from time to time, and every change of office shall be recorded by the Deputy Registrar on the pension-certificate and in the District Old-age Pension Register.
38.Instalment to be applied for within twenty-one days. Subject to the provisions of this Act, each monthly instalment shall be payable at any time within twenty-one days after its due date on the personal application of the pensioner and the production of his pension-certificate to the Postmaster of the post-office money-order office named therein.
39.When instalment deemed forfeited. In default of strict compliance with all the provisions of the last-preceding section hereof such instalment shall be deemed to be forfeited, unless the forfeiture is waived under the provisions in that behalf hereinafter contained.
40.
When and how forfeiture may be waived. The Stipendiary Magistrate or two Justices of the Peace, by warrant in the prescribed form, may waive any such forfeiture in any case where, after investigation, he is or they are satisfied—
(1.) That, if the forfeiture was occasioned by default of personal application for payment, or of application within the prescribed time, such default was due to the pensioner's illness, or temporary absence from the place (but not from the colony), or other sufficient cause; or
(2.) That, if the forfeiture was occasioned by default in producing the pension-certificate, such default was due to its being lost or mislaid:

Provided—

(a.) That, except in special cases of the pensioner's illness or debility, it shall not be lawful for the Stipendiary Magistrates or Justices to issue two such warrants in succession to the same pensioner; and also
(b.) That in no case shall any such warrant be issued unless it is applied for within fourteen days after the forfeiture occurred.
41.Payment under warrant. The instalment named in any such warrant shall be payable at any time within fourteen days after the date thereof, on the personal application of the pensioner or other the person named therein, and also the production of the warrant, and (except where the page 9warrant otherwise provides) of the pension-certificate, to the Postmaster of the post-office money-order office named in the warrant.
42.When warrant deemed lapsed. In default of strict compliance with all the provisions of the last-preceding section hereof the warrant shall be deemed to have lapsed, and the forfeiture of the instalment named therein shall become absolute.
43.Provision where pensioner in receipt of charitable aid. The following provisions shall apply in every case where the pensioner is maintained in any charitable institution, or receives relief therefrom:—
(1.) The reasonable cost of such maintenance or relief shall be payable out of the pension.
(2.) For the purpose of procuring such payment, instalments of the pension shall, to such extent as is necessary, be payable to the governing body of such institution in such manner as is prescribed, and on production to the Postmaster of a warrant in the prescribed form.
(3.) Any surplus pension-moneys remaining in the hands of such governing body after defraying such cost shall be paid to the pensioner.
(4.) For the purpose of computing the amount of any subsidy or contribution payable by the Government to such governing body under any Act all instalments so paid shall be excluded.
44.
Payment to other than pensioner. Subject to prescribed regulations, and on production to the Postmaster of a warrant in the prescribed form, signed by a Stipendiary Magistrate, the instalments may be paid to any clergyman, Justice of the Peace, or other reputable person named in such warrant, for the benefit of the pensioner.

Such warrant may be issued by a Stipendiary Magistrate whenever he is satisfied that it is expedient so to do, having regard to the age, infirmity, or improvidence of the pensioner, or any other special circumstances.

45.Period for which pension not Payable. Every instalment which falls due during any period whilst the pensioner is in prison, an inmate of a lunatic asylum, or out of the colony, shall be deemed to be absolutely forfeited.
46.Procedure as to payments of instalments by Postmasters. "With respect to the payment of instalments of pension by the Postmaster the following provisions shall apply:—
(1.) The Postmaster may, if he thinks fit, require the applicant for payment to prove his identity, but shall not be bound so to do, and may accept the production of the pension-certificate or warrant to which the instalment relates as sufficient evidence that the person producing the same is the person entitled to payment.
(2.) When making the payment the Postmaster shall indorse on the pension-certificate or warrant produced as aforesaid the date and fact of the payment, and shall also require the person receiving the payment to give a receipt therefor in the prescribed form.
(3.) Such receipt shall be Sufficient evidence that the payment to which, the receipt purports to relate has been duly made, and no claim against Her Majesty or the Postmaster shall thereafter arise or be made in respect thereof.page 10
(4.) Where the warrant produced as aforesaid relates to a single instalment, or to the last of a series of instalments, it shall be delivered up to and retained by the Postmaster on payment of such instalment.