Social Services (No. 4)

No. 79 of 1972

An Act relating to Social Services.

[Assented to 27 September 1972]

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

Short title and citation.

1.—(1.) This Act may be cited as the Social Services Act (No. 4) 1972.

(2.) The Social Services Act 1947–1971, as amended by the Social Services Act 1972, by the Social Services Act (No. 2) 1972 and by the Social Services Act (No. 3) 1972, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Social Services Act (No. 3) 1972 is amended by omitting sub-section (4.).

(4.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947–1972.

Commencement.

2.—(1.) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Section 13 of this Act shall come into operation on the first pension pay day after the day on which this Act receives the Royal Assent.

Repeal.

3. Section 3 of the Principal Act is amended by omitting the words “the Schedule” and inserting in their stead the words “the First Schedule”.

Parts.

4. Section 5 of the Principal Act is amended by omitting the words—

“Division 5.—Wives’ Allowances (Sections 31–35).”

and inserting in their stead the words—

“Division 5.—Wives’ Pensions (Sections 31–33).”.

Definitions.

5. Section 18 of the Principal Act is amended—

(a) by inserting in the definition of “income”, after paragraph (b), the following paragraph:—

“(ba) an instalment of a superannuation pension;”;

(b) by inserting after the definition of “pensioner” the following definition:—

“‘property’ includes a superannuation pension;”;and

(c) by inserting after the definition of “rent” the following definition:—

“‘superannuation pension’ means payments made periodically (including payments under a law of the Commonwealth, a State, a Territory of the Commonwealth or a country other than Australia) to a person, or to the former spouse of a deceased person, in consequence of—

(a) the past employment or past services of that first-mentioned person or that deceased person as an employee or in any other capacity;

(b) contributions made by that first-mentioned person or that deceased person under a law providing for benefits for contributors; or

(c) an investment of moneys made by that first-mentioned person or that deceased person by way of an annuity, being a transaction entered into in the ordinary course of business of the other party to it,

but does not include payments by way of, or in the nature of, compensation for injury, disability or death;”.

Student children over the age of sixteen years.

6. Section 18a of the Principal Act is amended by omitting the words “Divisions 4 and 5” and inserting in their stead the words “Division 4”.

7. After section 18a of the Principal Act the following section is inserted:—

Superannuation pension may be included in “income”.

“18b. Where—

(a) a superannuation pension is payable to a person; and

(b) the rate of pension under this Part payable to the person would be greater if that superannuation pension were not included in the property of the person for the purposes of this Part but each instalment of that superannuation pension were treated as income of the person for the purposes of this Part,

the superannuation pension shall be treated accordingly.”.

Interpretation.

8. Section 23 of the Principal Act is amended by omitting the words “and of Division 5 of this Part”.

Rate of age or invalid pension (including guardian’s allowance payable to unmarried person).

9. Section 28 of the Principal Act is amended—

(a) by omitting sub-section (1a.) and inserting in its stead the following sub-section:—

“(1a.) Subject to the next three succeeding sub-sections, the maximum rate of age pension or invalid pension is—

(a) in the case of an unmarried person or a married person whose husband or wife is not in receipt of—

(i) a pension under this Part;

(ii) a service pension under the Repatriation Act 1920–1972; or

(iii) an allowance under section nine of the Tuberculosis Act 1948,

One thousand and forty dollars per annum; and

(b) in any other case—Eight hundred and ninety-seven dollars per annum.”;

(b) by omitting paragraph (b) of sub-section (1e.) and inserting in its stead the following paragraph:—

“ (b) the amount of that excess is not less than—

(i) in the case of an unmarried person—One thousand and forty dollars; or

(ii) in the case of a married person—Eight hundred and ninety-seven dollars.”;

(c) by omitting from paragraph (a) of sub-section (1ea.) the words “Four hundred and forty-two” and inserting in their stead the words “Eight hundred and ninety-seven”;

(d) by omitting from paragraph (b) of sub-section (1ea.) the word “thirty-three” and inserting in its stead the word “thirty-two”;

(e) by omitting paragraphs (a) and (b) of sub-section (2.) and inserting in their stead the following paragraphs:—

“(a) in the case of an unmarried person—One thousand and forty dollars; or

(b) in the case of a married person—Eight hundred and ninety-seven dollars.”;

(f) by omitting from the formula in sub-paragraph (i) of paragraph (b) of sub-section (3.) the figures “442” and inserting in their stead the figures “897”; and

(g) by omitting from the formula in sub-paragraph (ii) of paragraph (b) of sub-section (3.) the figures “676” and inserting in their stead the figures “1131”.

Computation of income.

10. Section 29 of the Principal Act is amended by omitting from paragraph (b) of sub-section (1.) the words “Two hundred and eight” and inserting in their stead the words “Three hundred and twelve”.

Computation of value of property.

11. Section 30 of the Principal Act is amended—

(a) by adding at the end of sub-paragraph (iv) of paragraph (a) of sub-section (1.) the words “, other than a superannuation pension”; and

(b) by inserting after sub-section (1b.) the following sub-sections:—

“(1c.) The value of a superannuation pension payable to a person who has not attained the age of ninety-nine years is an amount equal to the product of the amount of the annual rate of

the superannuation pension and the conversion factor set out in column 2 of the Second Schedule to this Act opposite to the age next birthday of the person in column 1 of that Schedule.

“(1d.) Where a person in receipt of a superannuation pension has attained the age of ninety-nine years, the value of that superannuation pension shall be disregarded.”.

Supplementary assistance.

12.—(1.) Section 30a of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-sections:—

“(1.) This section applies to a person if—

(a) the person is a pensioner;

(b) the amount of that person’s means as assessed is less than Two hundred and sixty dollars; and

(c) the Director-General is satisfied that that person—

(i) requires supplementary assistance by reason that that person or that person’s husband or wife pays rent; and

(ii) is entirely or substantially dependent upon that person’s pension.

“(1a.) A person does not comply with sub-paragraph (i) of paragraph (c) of the last preceding sub-section by reason only that the wife or husband of the person pays for lodging, or for board and lodging, in premises outside the matrimonial home.”; and

(b) by omitting sub-section (3.) and inserting in its stead the following sub-sections:—

“(3.) Where a person is a person—

(a) to whom paragraph (a) of sub-section (1a.) of section twenty-eight of this Act applies;

(b) in respect of whom a direction is in force under sub-section (1aaa.) of that section; or

(c) in respect of whose wife or husband a direction is in force under sub-section (1aaa.) of that section,

the rate at which an allowance under this section is payable to that first-mentioned person is—

(d) where the amount of his means as assessed is Fifty-two dollars or less—Two hundred and eight dollars per annum; or

(e) in any other case—an amount per annum equal to the amount by which Two hundred and sixty dollars exceeds the amount of his means as assessed.

“(3a.) The rate at which an allowance under this section is payable to a person, other than a person to whom the last preceding sub-section applies, is one-half of the rate at which the allowance would be payable if the person were a person to whom the last preceding sub-section applies.”.

(2.) Where—

(a) a married person, being a man, is paid a fortnightly instalment of an allowance by way of supplementary assistance on the first allowance pay day after the date of commencement of this section; and

(b) the wife of that man is, by virtue of sub-section (2.) of the next succeeding section, entitled to be paid on that pay day the first fortnightly instalment of a wife’s pension,

the wife shall, by force of this sub-section, be deemed—

(c) to have been granted an allowance by way of supplementary assistance at a rate equal to the rate of the allowance by way of supplementary assistance payable to her husband on that pay day; and

(d) to be entitled to be paid the first fortnightly instalment of the allowance so granted on that pay day.

(3.) An allowance payable under the last preceding sub-section may be cancelled or suspended, and the rate at which it is payable may be increased or reduced, in accordance with the Social Services Act 1947–1972.

13.—(1.) Division 5 of Part III. is repealed and the following Division inserted in its stead:—

“Division 5.—Wives’ Pensions.

Wife’s pension.

“31.—(1.) Subject to this Part, a woman (not being an age pensioner or invalid pensioner or a service pensioner under the Repatriation Act 1920–1972) who is the wife of an age pensioner or an invalid pensioner is qualified to receive a wife’s pension.

“(2.) A wife’s pension is not payable to a wife who is living apart from her husband.

Rate of wife’s pension.

“32.—(1.) Subject to this Part, the rate of a wife’s pension is such rate as the Director-General determines, but it shall not exceed the annual rate specified in paragraph (b) of sub-section (1a.) of section twenty-eight of this Act.

“(2.) The annual rate at which a wife’s pension is determined shall be reduced by one-half of the amount (if any) by which the amount of the means as assessed of the wife exceeds Eight hundred and ninety-seven dollars.

“(3.) Sub-section (1ea.) of section twenty-eight, section twenty-nine-and section thirty of this Act apply, according to their tenor, with respect to the ascertainment of the amount of the means as assessed of a wife for the purposes of the last preceding sub-section.

Wife’s pension not to be paid in certain circumstances.

“33.—(1.) Subject to the next succeeding sub-section, a wife’s pension, is not payable to a woman—

(a) who is an inmate of a benevolent home or mental hospital;

(b) whose husband is an inmate of a mental hospital; or

(c) whose husband is an inmate of a benevolent home.

“(2.) The last preceding sub-section does not apply in relation to a woman by reason that her husband is an inmate of a benevolent home if the woman—

(a) has the custody, care and control of a child under the age of sixteen years; or

(b) has attained the age of fifty years.”.

(2.) A wife who, immediately before the date of commencement of this section, is in receipt of a wife’s allowance shall, by force of this sub-section, be deemed—

(a) to have been granted a wife’s pension at such rate as the Director-General determines in accordance with the Social Services Act 1947–1972; and

(b) to be entitled to be paid the first fortnightly instalment of that: pension on the date of commencement of this section.

(3.) A pension payable under the last preceding sub-section may be cancelled or suspended, and the rate at which it is payable may be increased, or reduced, in accordance with the Social Services Act 1947–1972.

Receipt of property, &c., to be notified.

14. Section 45 of the Principal Act is amended by omitting paragraph (b) of the definition of “prescribed rate” in sub-section (4.) and inserting in its stead the following paragraph:—

“(b) in the absence of such a notice—

(i) if the pensioner is married and is not living apart from his spouse—the rate of Thirty-four dollars fifty cents per week; or

(ii) in any other case—the rate of Twenty dollars per week.”.

Suspension of pension where allowance granted under Tuberculosis Act.

15. Section 48a of the Principal Act is amended by omitting the words “, and the allowances (if any) payable in respect of his wife or children by virtue of his being a pensioner,” and inserting in their stead the words “and, if he has a wife who is in receipt of a wife’s pension, that wife’s pension and any allowance by way of supplementary assistance payable; to the wife”.

Inmates of benevolent homes.

16. Section 50 of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “Three hundred and twenty-five” and “Three hundred and seventy-seven” and inserting in their stead the words “Three hundred and sixty-four” and “Four hundred and sixteen”, respectively.

Interpretation.

17. Section 59 of the Principal Act is amended—

(a) by inserting after the definition of “pensioner” the following definition:—

“ ‘property’ includes a superannuation pension;”; and

(b) by inserting after the definition of “rent” the following definition:—

“ ‘superannuation pension’ has the same meaning as in Part III. of this Act;”.

18. After section 59 of the Principal Act the following section is inserted:—

Superannuation pension may be included in “income”.

“59aa. Where—

(a) a superannuation pension is payable to a widow; and

(b) the rate of pension under this Part payable to the widow would be greater if that superannuation pension were not included in the property of the widow for the purposes of this Part but each instalment of that superannuation pension were treated as income of the widow for the purposes of this Part,

the superannuation pension shall be treated accordingly.”.

Rate of widow’s pension (including mother’s allowance payable to Class A widows).

19. Section 63 of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1.) the words “Eight hundred and thirty-two” and inserting in their stead the words “Eight hundred and ninety-seven”;

(b) by omitting from sub-section (1b.) the words “Five hundred and twenty” and inserting in their stead the words “One thousand and forty”;

(c) by omitting from sub-section (2.) the words “Five hundred and twenty” and inserting in their stead the words “One thousand and forty”; and

(d) by omitting from sub-section (3.) the words “Sixteen dollars” and inserting in their stead the words “Seventeen dollars twenty-five cents”.

Computation of income.

20. Section 64 of the Principal Act is amended by omitting the words “Two hundred and eight” (wherever occurring) and inserting in their stead the words “Three hundred and twelve”.

Computation of value of property.

21. Section 65 of the Principal Act is amended—

(a) by adding at the end of sub-paragraph (iv) of paragraph (a) of sub-section (1.) the words “, other than a superannuation pension”; and

(b) by adding at the end thereof the following sub-sections:—

“(4.) The value of a superannuation pension payable to a widow who has not attained the age of ninety-nine years is an amount equal to the product of the amount of the annual rate of the superannuation pension and the conversion factor set out in column 2 of the Second Schedule to this Act opposite to the age next birthday of the widow in column 1 of that Schedule.

“(5.) Where a widow in receipt of a superannuation pension has attained the age of ninety-nine years, the value of that superannuation pension shall be disregarded.”.

Supplementary assistance.

22. Section 65a of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1.) the words “One hundred and fifty-six” and inserting in their stead the words “Two hundred and sixty”;

(b) by omitting from paragraph (a) of sub-section (2a.) the words “One hundred and four” and inserting in their stead the words “Two hundred and eight”; and

(c) by omitting from paragraph (b) of sub-section (2a.) the words “One hundred and fifty-six” and inserting in their stead the words “Two hundred and sixty”.

Receipt of property, &c., to be notified.

23. Section 74 of the Principal Act is amended by omitting from paragraph (b) of the definition of “prescribed rate” in sub-section (3.) the word “Ten” and inserting in its stead the word “Twenty”.

Inmates of benevolent homes.

24. Section 80 of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “Three hundred and twenty-five” and “Three hundred and seventy-seven” and inserting in their stead the words “Three hundred and sixty-four” and “Four hundred and sixteen”, respectively.

Interpretation.

25. Section 83aa of the Principal Act is amended by omitting from the definition of “Australian pension” in sub-section (1.) the words “or allowance” (first occurring).

Continuation of payment of Australian pensions.

26. Section 83ac of the Principal Act is amended by omitting paragraph (d) of sub-section (2.) and inserting in its stead the following paragraph:—

 “(d) the pension is a wife’s pension.”.

Funeral benefit payable to pensioner.

27. Section 83b of the Principal Act is amended by omitting from sub-section (2.) the words “wife’s allowance” and inserting in their stead the words “wife’s pension”.

Interpretation.

28. Section 106 of the Principal Act is amended by omitting from sub-section (3.) the words “wife’s allowance” (wherever occurring) and inserting in their stead the words “wife’s pension”.

Unemployment benefits.

29. Section 107 of the Principal Act is amended by omitting the words “pension or allowance under Part III. or IV. of this Act or a service pension under the Repatriation Act 1920–1954” and inserting in their stead the words “pension under Part III. or Part IV. of this Act or a service pension under the Repatriation Act 1920–1972”.

Sickness benefits.

30. Section 108 of the Principal Act is amended by omitting from sub-section (1.) the words “pension or allowance under Part III., IV. or VIIa. of this Act or a service pension under the Repatriation Act 1920–1954” and inserting in their stead the words “pension under Part III. or Part IV., or allowance under Part VIIa., of this Act or a service pension under the Repatriation Act 1920–1972”.

Rate of unemployment and sickness benefit.

31. Section 112 of the Principal Act is amended—

(a) by omitting from sub-section (2.) the words “pension or allowance under Part III., IV. or VIIa. of this Act or a service pension under the Repatriation Act 1920–1954” and inserting in their stead the words “pension under Part III. or Part IV., or allowance under Part VIIa., of this Act or a service pension under the Repatriation Act 1920–1972”; and

(b) by omitting from paragraph (d) of sub-section (4.) the words “pension or allowance under Part III., IV. or VIIa. of this Act or a service pension under the Repatriation Act 1920–1954” and inserting in their stead the words “pension under Part III. or Part IV., or allowance under Part VIIa., of this Act or a service pension under the Repatriation Act 1920–1972”.

Calculation of rate of sickness benefit after first six weeks.

32. Section 112a of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the word “Twelve” and inserting in its stead the word “Thirteen”; and

(b) by omitting from paragraph (b) of sub-section (1.) the word “Twelve” and inserting in its stead the word “Thirteen”.

Supplementary allowance after first six weeks of sickness benefit.

33. Section 112b of the Principal Act is amended by omitting from sub-section (2.) the word “Two” and inserting in its stead the word “Four”.

Special benefits.

34. Section 124 of the Principal Act is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) who is not in receipt of a pension under Part III., or Part IV., or allowance under Part VIIa., of this Act or a service pension under the Repatriation Act 1920–1972;”.

35. Section 133j of the Principal Act is repealed and the following section inserted in its stead:—

Amount of allowance.

“133j. The amount of allowance payable to a person in respect of a period is an amount equal to the amount that, in the opinion of the Director-General, would have been payable under Part III. in respect of

that period to that person, or the aggregate of that amount and any amount that would have been payable under that Part in respect of that period to another person by reason of that first-mentioned person being a pensioner, if invalid pension had been payable to that first-mentioned person in respect of that period.”.

Receipt of property, &c., to be notified.

36. Section 133l of the Principal Act is amended by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) Sub-sections (1.) and (2.) of this section do not apply in relation to a person who is permanently blind unless, if that person were in receipt of an invalid pension—

(a) sub-section (1aa.) or (1b.) of section twenty-eight of this Act would apply in relation to that pension;

(b) an allowance by way of supplementary assistance would be payable to him under Division 4a of Part III.; or

(c) a wife’s pension would be payable to another person under Division 5 of Part III. by reason of that first-mentioned person being in receipt of that invalid pension.”.

Payments during training.

37. Section 135d of the Principal Act is amended—

(a) by omitting from sub-section (1.) all the words after the word “week,” and inserting in their stead the words” and any pension (including any allowance by way of supplementary assistance under Part III.) or any benefit payable to him and any wife’s pension payable to another person by reason of that first-mentioned person being a pensioner and any allowance by way of supplementary assistance payable to that other person shall be suspended”;

(b) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) The rate of rehabilitation allowance payable to a person under the last preceding sub-section is—

(a) in the case of a pensioner or a claimant for a pension—a rate equal to the rate of the pension that that pensioner or claimant is qualified to receive and the rate of any allowance by way of supplementary assistance that would be payable to him under Part III., the rate of any wife’s pension that would be payable to another person and the rate of any allowance by way of supplementary assistance that would be payable to that other person, if the pensioner’s pension had not been suspended or the claimant were in receipt of a pension; and

(b) in the case of a beneficiary or a claimant for a benefit—a rate equal to the rate of the pension that would be payable to that beneficiary or claimant if he were qualified to receive a pension and the rate of any allowance by way

of supplementary assistance that would be payable to him under Part III., the rate of any wife’s pension that would be payable to any other person and the rate of any allowance by way of supplementary assistance that would be payable to that other person, if that beneficiary or claimant were qualified to receive a pension.”; and

(c) by omitting from sub-section (4.) the words “or a wife’s allowance”.

Temporary vacation of home.

38. Section 135f of the Principal Act is amended by omitting paragraphs (a) and (b) and inserting in their stead the following paragraphs:—

“(a) determining the rate of the pension payable to that person and the rate of any wife’s pension payable to another person by reason of that first-mentioned person being a pensioner;

(b) ascertaining a rate of pension for the purposes of sub-section (2.) of section one hundred and thirty-five d of this Act; and”.

On death of married person, widow or widower to receive combined persions for three months.

39. Section 135u of the Principal Act is amended by omitting from sub-sections (2.), (3.) and (4.) the words “wife’s allowance” (wherever occurring) and inserting in their stead the words “wife’s pension”.

The Schedule.

40. The Schedule to the Principal Act is amended by omitting the words—

“THE SCHEDULE.”

and inserting in their stead the words—

“THE SCHEDULES

first schedule”.

Second Schedule.

41. The Principal Act is amended by adding at the end thereof the Schedule set out in the Schedule to this Act.

Application of amendments.

42.—(1.) In so far as an amendment made by this Act affects instalments of pensions or of allowances, the amendment applies in relation to an instalment of a pension or of an allowance falling due on the first pension pay day or allowance pay day after the day on which this Act receives the Royal Assent and to all subsequent instalments.

(2.) In so far as an amendment made by this Act affects instalments of service pensions under the Repatriation Act 1920–1972, the amendment applies in relation to an instalment of a service pension falling due on the day on which this Act receives the Royal Assent, if that day is a service pension pay day, or, if it is not, on the first service pension pay day after that day, and to all subsequent instalments.

(3.) In so far as an amendment made by this Act affects instalments of sickness benefit, the amendment applies in relation to an instalment of benefit payable in respect of a period that commenced during the period of six days immediately before the day on which this Act receives the Royal Assent and in relation to an instalment of benefit payable in respect of a period that commences on or after that day.

THE SCHEDULE Section 41.

Schedule to be Added at the end of the Principal Act

second schedule Sections 30 and 65.

Conversion Factors for Calculating the Value as Property of Superannuation Pensions