LEGAL INQUIRIES

New Zealand Herald, Volume LXXVII, Issue 23830, 4 December 1940, Page 15

LEGAL INQUIRIES

MANY PROBLEMS SOLVED This column appears each Wednesday. Care will be taken to ensure that the legal guidance is sound and accurate and as complete as possible on the facts supplied, but no responsibility is undertaken for the advice or information. Send questions to "Aclvocatus," care of Editor, New Zealand Herald, Auckland, and enclose name and address as guarantee of good faith. Postal box numbers are not accepted as bona fide addresses, initials or a pseudonym must also bo given for purposes of reference in this column.

Wish to Know.—The definition of "income" under the Social Security Act is very wido indeed and covers practically the receipt of all moneys or benefits which can be valued in money. Any Rifts therefore may bo treated by the Commission as income for the year in which you receive them, and affect the widow's benefit for that year accordingly. Gran. -The mother is not responsible for her adult son's debts. He being a soldier is protected by the Debtors Regulations against the enforcement of a judgment. I'eople other than solders may avail themselves of these regulations by giving notice to the appropriate Court. Bewildered.--A builder's contract price covers sales tax on timber sold to him, atid he is not entitled to add this. Inquirer.- -dn the case of an unmarried applicant- for the age benefit he may have X's'2 per annum other income without affecting the age benefit, thereafter £1 for each £1 is deducted from the benefit. Where both of a married couple are eligible they may have joint incomo of £52 without affecting t fie benefit. .10/- is deducted from each benefit for every £1 of their joint income in excess of £52. As to a married couple where only one is eligible see answer to "A.L.F." The amount of age benefit is not affected by the applicant's home, furniture, any land or any interest in land or a mortgage of land or any interest in an.y annuity or any insurance policy. The applicant may have other assets or property up to £5(10 without the benefit being affected, i t for every £lO over the £SOO will be deducted from the benefit. Buzzy.— Apparently there has been some reduction on your pensions on account of your joint income slightly exceeding £52 per annum, but from the figures you give the reduction should be much smaller. Old age pensioners who have any income at all other than their benefits must pay social and national security taxes on such other income and also the registration fee. Inquirer.—ln respect to certain persons i.e. soldiers and persons who give the appropriate notice, certain acts are prohibited except by leave of the Court. Clause of Regulation 4 of the Debtors Emergency Regulations, 1010, provides:—"The acts to which this regulation relates are as follows: — (a) To issue or proceed with any writ or warrant for the possession, seizure or sale of any property, or any writ of attachment, in pursuance of any judgment or order obtained against the debtor (whether before or after the commencement of these regulations) in any Court in its civil jurisdiction, other than a judgment or order for possession of any tenement obtained against any person on the ground that he is a trespasser or that his tenancy has expired, or an order made under the Destitute Persons Act. iltlo. (b) To issue or proceed with a judgment summons under section 5 of the Imprisonment for Debt Limitation Act. 1008, except in cases in which fraud is alleged against the judgment debtor, (c) To obtain an order in favour of a .judgment creditor under section .117 of the Magistrates' Courts Act. 1928, or under snb-spction <5) or sub-section Hi) of Section 52 of the Statutes Amendment Act, .lit:!'!, id) To • have a charging order nisi made absolute under Rule ;J2O of the Code of Civil Procedure in the Second Schedule to the Judicature Act. 1008. (el To commence, continue, or complete the exercise of any power of sale or leasing conferred by the Ratimr Act, 10-25. if) To file or proceed with a bankruptcy petition or a winding-up petition, igi To commence or continue proceedings in any Court for the appointment of a receiver of any property, ill) To appoint a receiver of any property. (i) To exercise any power of re-entry conferred by any lease or any power of determining any lease, whether granted before or after the commencement of these regulations, (j! To seize or sell any property by way of distraint for rent, (ki To commence or continue to exercise any power to take possession of any goods conferred by a (lirePurchase agreement within the meaning of the Hire-Purchase Agreements Act, 1030. Citizen.--See answers to "Inquirer" and latter part of answer to "Buzzy." A.L.F. —Your friend's husband should be en-1 titled to the full age benefit since where j only one of a married couple is eligible fur j a benefit they may have joint income of ! £l3O without affecting the benefit. £t for • everv £1 other income in excess of the; £i:sb would lie deducted from the benefit.! The ownership of their home will not affect j the benefit. Tyrie, X.C. —Applicants for an age benefit who j were not resident in Xew Zealand on March 15, 10H8. require 20 years continuous res 1 .- ; deuce in New Zealand to qualify for tiie benefit. In such a case continuous residence shall not be deemed to have been inter- , rupted by absence therefrom if the total; period of absence from Xew Zealand does; not exceed two years or if the total period of absence from Xew Zealand exceeds two . years, but does not exceed that period by j more than six months for every year of j residence in Xew Zealand in excess of a period of twenty years, and the applicant ; lias been actually resident in Xew Zealand for the twelve months immediately preced- , ing the date of the application. From the figures you give it appears therefore that you and your husband will require to live •liO years in Xew Zealand from the date of your return before you would be eligible. Wages Due. —If you do not wish to pay your son the full statutory wage you must apply to the Labour Department for an under-rate permit. S., Waikato. —From the figures you give, it seems unlikely that you would be entitled to a benefit. As to income other than benefit allowed in the case of a married couple, see answer to "A.L.F." Share-milker 702.—1f the farm-owner provides the herd, the statutory provisions of the ■Share-Milking Agreements Order apply Clause 'JO provides:—"The farm-owner shall provide adequate water for the stock sheds and household purposes." It follows, therefore. that, if there is any cost in this respect it must be borne by the farmowner. L.J.K.—Where a man and bis wife are employed on a dairy farm each is entitled to the full statutory wage unless an underrate permit is granted to the wife. The employer is under no obligation to board children, and separate arrangements must be made in connection with these. You are entitled to (he articles you left behind, and if your former employer refuses to allow you to have them you can take the appropriate legal proceedings. You can still take action for the recovery of any amount .vnu haw been underpaid. Jn this respect perhaps your best course is to get in touch with the nearest inspector of factories. R.G.—The statutory provisions of (he Sharemilking Agreements Order, 1030, do not apply ,vhere the. share-milker supplies the herd. This being sc. you are entirely dependent upon the terms of your agreement. The amount that you are entitled to under the Workers Compensation Act will be twothirds of your average weekly earnings. Medical expenses are limited to £l. 50-50. —Your query reads as it the sharemilker supplies the herd, in which case, tho parties are dependent entirely on trie terms of their own agicement. If, however, the farm-owner supplies the herd, the, statutory provisions of the Share-milking Agreements Order, 1 r»: {! >, apply. Clause 10 provides "the additional labour required for the hay and ensilage making for the, herd shall be provided by the share-milker and the farmer equally." Security. If you can prove your facts, you have a, complete answer to your husband's demands that you go back to him, and are entitled to. sue him for maintenance. If ho deliberately puts himself in a worse financial position in order to deprive you of maintenance, the Court will take a very serious view of this, and take the matter fully info consideration when assessing maintenance against him. Inquirer. Krankton.- -The father of the illegitimate child remains liable for its support until the child reaches the ago of 10, and the intervening marriage does not, prevent you from bringing proceedings in the Magistrate's Court. Monkey Puzzle.-—Where there are conflicting claims as between divorced wives and children of soldiers and second wives and their children, the matter will be adjusted by the Army Department, according to tho circumstances of the particular caso.