Social Services Amendment Act 1981

No. 159 of 1981

An Act to amend the Social Services Act 1941, and for related purposes

[Assented to 30 October 1981]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Social Services Amendment Act 1981.

(2) The Social Services Act 19471 is in this Act referred to as the Principal Act.

Commencement

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

(2) Sections 3, 4, 5, 6, 10, 11, 12, 17, 19, 20 and 21 and sub-sections 22 (1), (2), (3) and (7) shall come into operation on 1 February 1982.

(3) Sections 7, 8, 9 and 18 and sub-sections 22 (5) and (6) shall come into operation on 1 November 1981.

(4) Section 13 and sub-section 22 (4) shall come into operation on 15 December 1981.

Interpretation

3. Section 18 of the Principal Act is amended—

(a) by inserting after the definition of “dependent female” the following definition:

“‘Government rent’ means—

(a) rent payable to any of the following authorities:

(i) The Housing Commission of New South Wales;

(ii) the Housing Commission established by a law of Victoria;

(iii) The Queensland Housing Commission;

(iv) The Corporation of the Director of Aboriginal and Islanders Advancement established by a law of Queensland;

(v) the South Australian Housing Trust;

(vi) The State Housing Commission established by a law of Western Australia;

(vii) the Director-General of Housing and Construction holding office under a law of Tasmania;

(viii) the Northern Territory Housing Commission;

(ix) any other authority specified by the Minister, by notice in the Gazette, for the purposes of this definition;

(b) rent payable to the Commonwealth in respect of any accommodation in Glebe in New South Wales; and

(c) rent payable to the Commonwealth in respect of any accommodation in the Australian Capital Territory or in the Jervis Bay Territory, other than rent of a kind specified by the Minister, by notice in the Gazette, for the purposes of this paragraph;”; and

(b) by omitting the definition of “rent” and substituting the following definition:

“‘rent’, in relation to a person, means rent in respect of premises, or a part of premises, occupied by the person as his home, and includes amounts payable by the person for lodging, or for board and lodging, but does not include Government rent;”.

Supplementary assistance

4. Section 30a of the Principal Act is amended—

(a) by omitting sub-sections (1) to (3c) (inclusive) and substituting the following sub-sections:

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

(a) the person is a pensioner; and

(b) the person pays, or is liable to pay, rent at an annual rate exceeding $520.

“(2) For the purposes of this section in its application to a married person—

(a) any income of the wife or husband of the married person shall be deemed to be the income of the married person;

(b) where the married person is living with the husband or wife of the married person in their matrimonial home—any rent that the wife or husband of the married person pays, or is liable to pay, in respect of that matrimonial home shall be deemed to be paid, or payable, by the married person; and

(c) where the married person is a person in respect of whom a direction is in force under sub-section (1aaa) of section 28 or sub-section (1a) of section 32—any rent that the wife or husband of the married person pays, or is liable to pay, in respect of the premises occupied by the married person shall be deemed to be paid, or payable, by the married person.

“(3) There is payable to a person to whom this section applies, in addition to his pension, an allowance by way of supplementary assistance.

“(3a) Subject to sub-sections (3b) and (3c), the rate at which an allowance under this section is payable to a person is an amount per annum equal to—

(a) one-half of the amount by which the amount of the annual rent paid, or payable, by that person exceeds $520; or

(b) $416,

whichever is the lesser amount.

“(3b) The annual rate at which an allowance is payable to a person under sub-section (3a) shall be reduced by an amount equal to one-half of the amount of the annual rate of income of the person.

“(3c) Where—

(a) an allowance under this section is payable to a married person who is living with the husband or wife of the person in their matrimonial home; and

(b) there is payable to the wife or husband of the person—

(i) an allowance under this section;

(ii) a supplementary allowance under section 112a;

(iii) an allowance by way of supplementary assistance under section 98a of the Repatriation Act 1920; or

(iv) an allowance under section 9 of the Tuberculosis Act 1948,

the rate at which the allowance under this section is payable to the person shall be one-half of the rate at which it would be payable to the person but for this sub-section.”; and

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

“(7) In this section, ‘married person’ includes a dependent female and the husband of a dependent female, but does not include a person (other than a dependent female or the husband of a dependent female) who is—

(a) a widow;

(b) a widower;

(d) a person who is living apart from the spouse of the person—

(i) in pursuance of a separation agreement in writing or of a decree, judgment or order of a court; or

(ii) in such special circumstances that the Director-General is satisfied that the person should not be treated as a married person for the purposes of this section.”.

Notification by pensioner

5. Section 30b of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) Where a person in receipt of an allowance under section 30a commences to pay Government rent, he shall, within 14 days after the date on which the first payment of Government rent is due, notify a Director accordingly.”.

Rate during period when spouse overseas

6. Section 30c of the Principal Act is repealed.

Wife’s pension

7. Section 31 of the Principal Act is amended—

(a) by inserting in sub-section (1) “and who is residing in, and is physically present in, Australia on the date on which she lodges a claim for pension” after “invalid pensioner” (second occurring); and

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

“(1a) Subject to this Part, a woman (not being an age pensioner or invalid pensioner or a service pensioner under the Repatriation Act 1920) who is the wife of—

(a) an age pensioner who is qualified to receive an age pension by virtue of section 21a; or

(b) an invalid pensioner who is qualified to receive an invalid pension by virtue of section 24a,

is qualified to receive a wife’s pension.”.

Claims

8. Section 37 of the Principal Act is amended by inserting “or a wife’s pension” after “pension”.

Date from which pension payable

9. Section 39 of the Principal Act is amended by inserting “or a wife’s pension” after “pension” (first occurring).

Interpretation

10. Section 59 of the Principal Act is amended by omitting from sub-section (1) the definition of “rent” and substituting the following definition:

“‘rent’ and ‘Government rent’ have the same respective meanings as in Part III;”.

Supplementary assistance

11. Section 65a of the Principal Act is amended by omitting sub-sections (1) to (2b) (inclusive) and substituting the following sub-sections:

“(1) This section applies to a widow if—

(a) she is a pensioner; and

(b) she pays, or is liable to pay, rent at an annual rate exceeding $520.

“(2) There is payable to a widow to whom this section applies, in addition to her pension, an allowance by way of supplementary assistance.

“(2a) Subject to sub-section (2b), the rate at which an allowance under this section is payable to a widow is an amount per annum equal to—

(a) one-half of the amount by which the amount of the annual rent paid, or payable, by the widow exceeds $520; or

(b) $416,

whichever is the lesser amount.

“(2b) The annual rate at which an allowance is payable to a widow under sub-section (2a) shall be reduced by an amount equal to one-half of the amount of the annual rate of income of the widow.”.

Notification by widow

12. Section 65b of the Principal Act is amended—

(a) by omitting “Penalty: $40”; and

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

“(2) Where a widow in receipt of an allowance under section 65a commences to pay Government rent, she shall, within 14 days after the date on which the first payment of Government rent is due, notify a Director accordingly.

Penalty: $40.”.

Child endowment

13. Section 95 of the Principal Act is amended—

(a) by omitting from paragraph (2) (c) “$26” and substituting “$39”;

(b) by omitting from paragraph (2) (d) “$30.35” and substituting “$45.55”; and

Interpretation

14. Section 105a of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “parent” and substituting the following definition:

“‘parent’ means—

(a) in relation to a child (other than an adopted child)—a natural parent of the child; or

(b) in relation to an adopted child—an adoptive parent, or the adoptive parent, of the child;”;

(b) by adding at the end of sub-section (1) the following definition:

“‘refugee child’ means a child who has refugee status granted by the Australian Government”; and

“(1a) For the purposes of a claim for a double orphan’s pension in respect of a refugee child, not being—

(a) a child who is an adopted child by virtue of an adoption under a law in force in a State or Territory of the Commonwealth; or

(b) a child who is, or has at any time been, living in Australia with one or both of his parents,

a parent of the child shall be deemed to be dead if either of the following paragraphs applies in relation to the parent:

(d) the whereabouts of the parent are not known to the claimant.”.

Notification of change of circumstances

15. Section 105e of the Principal Act is amended—

(a) by omitting “Penalty: $40.”; and

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

“(2) Where a person in receipt of a double orphan’s pension in respect of a child becomes aware that the child has become an adopted child, that person shall, within 14 days after so becoming aware, notify a Director accordingly.

“(3) Where a person who is in receipt of a double orphan’s pension in respect of a refugee child—

(a) becomes aware that the child has ceased to be a refugee child; or

(b) becomes aware of the whereabouts of a parent of the child, being a parent who is living in Australia,

that person shall, within 14 days after so becoming aware, notify a Director accordingly.

Penalty: $40.”.

Cessation of pension if circumstances change

16. Section 105f of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(2) Where a double orphan’s pension is payable in respect of a child (other than a refugee child), that pension ceases to be payable if the person in receipt of the pension becomes aware that the child has become an adopted child.

“(3) Where a double orphan’s pension is payable in respect of a refugee child, that pension ceases to be payable if the person in receipt of the pension becomes aware that—

(a) the child has ceased to be a refugee child; or

(b) the child has become an adopted child under a law in force in a State or Territory of the Commonwealth.

“(4) Subject to sub-section (5), where a double orphan’s pension is payable in respect of a refugee child, that pension ceases to be payable if the person in receipt of the pension becomes aware of the whereabouts of a parent of the child, being a parent who is in Australia.

“(5) Sub-section (4) does not apply if—

(a) the parent concerned has been convicted of an offence and sentenced to imprisonment for life or for a term of years, being a term not less than 10 years, and is serving that sentence; or

(b) the parent concerned is a mental hospital patient and the Director-General is satisfied that he will require care or treatment, whether in that hospital or in a similar hospital, for an indefinite period.”.

Interpretation

17. Section 106 of the Principal Act is amended by omitting from sub-section (1) the definition of “rent” and substituting the following definition:

“‘rent’ and ‘Government rent’ have the same respective meanings as in Part III;”.

Rate of unemployment and sickness benefit

18. Section 112 of the Principal Act is amended by omitting from paragraph (1) (b) “$53.45” and substituting “$58.10”.

Supplementary allowance after first 6 weeks of sickness benefit

19. Section 112a of the Principal Act is amended by omitting sub-sections (1) to (3a) (inclusive) and substituting the following sub-sections:

“(1) In this section—

‘married person’ does not include a person (other than a dependent female or the husband of a dependent female) who is living apart from the spouse of the person—

(i) in pursuance of a separation agreement in writing or of a decree, judgment or order of a court; or

(ii) in such circumstances that the Director-General is satisfied that the separation is likely to be permanent;

‘prescribed period’, in relation to a person to whom a sickness benefit has been payable for a continuous period of more than 6 weeks, means any part of that period (not including that first 6 weeks) in respect of which the person pays, or is liable to pay, rent at a weekly rate exceeding $10 but, in the case of a person who has no dependants, does not include a period during which the person is a patient, other than an out-patient, of a hospital, within the meaning of the Health Insurance Act 1973.

“(2) For the purposes of this section in its application to a married person—

(a) any income of the wife or husband of the married person shall be deemed to be the income of the married person;

(i) the living expenses of the married person and the wife or husband of the married person are, or are likely to be, greater than they would otherwise be by reason that those persons are unable, as a result of the illness or infirmity of either or both of them, to live together in a matrimonial home; and

(ii) the inability is likely to continue indefinitely,

any rent that the wife or husband of the married person pays, or is liable to pay, in respect of the premises or lodgings occupied by the married person shall be deemed to be paid, or payable, by the married person.

“(3) Subject to this Part, there is payable to a person, in addition to his sickness benefit, a supplementary allowance in respect of any period that is a prescribed period in relation to him.

“(3a) Subject to sub-sections (3b) and (3c), the rate at which an allowance under this section is payable to a person is an amount per week equal to—

(a) one-half of the amount by which the amount of the weekly rent paid, or payable, by that person exceeds $10; or

(b) $8,

whichever is the lesser amount.

“(3b) The weekly rate at which an allowance is payable to a person under sub-section (3a) shall be reduced by an amount equal to one-half of the amount of the weekly rate of income of the person.

“(3c) Where—

(a) an allowance under this section is payable to a married person who is living with the husband or wife of the person in their matrimonial home; and

(b) there is payable to the husband or wife of the person—

(i) a supplementary allowance under this section;

(ii) an allowance under section 30a;

(iii) an allowance by way of supplementary assistance under section 98a of the Repatriation Act 1920; or

(iv) an allowance under section 9 of the Tuberculosis Act 1948,

the rate at which the allowance under this section is payable to the person shall be one-half of the rate at which it would be payable to the person but for this sub-section.”.

Receipt of income, &c., to be notified

20. Section 130 of the Principal Act is amended—

(a) by inserting after sub-section (1a) the following sub-section:

“(1aa) Where a beneficiary to whom a supplementary allowance is payable commences to pay Government rent, he shall, immediately after the date on which the first payment of Government rent is due, notify a Director accordingly.”; and

(b) by omitting from sub-section (1b) “that is an approved hospital for the purposes of Part V of the National Health Act 1953-1970” and substituting “, within the meaning of the Health Insurance Act 1973”.

Incentive allowance

21. Section 133ja of the Principal Act is amended by omitting “$5” and substituting “$8”.

Application

22. (1) Subject to sub-section (2)—

(a) in so far as an amendment made by section 3, 4, 6, 10, 11 or 21 of this Act affects instalments of pensions under Part III or Part IV, benefits under Part IVaaa or incentive allowances under Part VIIa of the

Social Services Act 1947, the amendment applies in relation to an instalment of pension, benefit or allowance falling due on the first pension pay-day after 1 February 1982 and to all subsequent instalments; and

(b) in so far as an amendment made by section 17 or 19 of this Act affects instalments of benefits under Part VII of the Social Services Act 1947, the amendment applies in relation to every instalment of benefit that falls due on or after 1 February 1982.

(2) Subject to sub-section (3), where, but for this sub-section, the application of an amendment referred to in sub-section (1) (other than the amendment made by section 21) in relation to—

(a) a supplementary assistance allowance that commenced to be payable to a person on and from a date before 1 February 1982; or

(b) a supplementary assistance allowance that commences to be payable to a person immediately on the cessation of a supplementary assistance allowance that was, immediately before its cessation, a supplementary assistance allowance to which this sub-section applied,

would result in the supplementary assistance allowance ceasing to be payable or being payable at the same rate or a reduced rate, then—

(d) sub-section (1) does not apply in relation to any instalment in which that allowance is included.

(3) Sub-section (2) ceases to apply in relation to a supplementary assistance allowance in relation to a person if—

(a) the person ceases to be entitled to supplementary assistance allowance in accordance with the Principal Act, as applied by sub-section (2); or

(b) the application to that supplementary assistance allowance of the relevant amendment referred to in sub-section (1) would result in that allowance becoming payable at an increased rate.

(4) In so far as an amendment made by section 13 of this Act affects payments of endowment under Part VI of the Social Services Act 1947, the amendment applies in relation to the payment of endowment in respect of the endowment period commencing on 15 December 1981 and to all subsequent payments.

(5) In so far as the amendment made by section 18 of this Act affects instalments of benefits under Part VII of the Social Services Act 1947, the amendment applies in relation to every instalment of benefit that falls due on or after 1 November 1981.

(6) The amendments made by sections 7, 8 and 9—

(a) do not affect any pensions under Part III of the Social Services Act 1947 that were granted before 1 November 1981; and

(b) do not apply in relation to the granting of any pensions under that Part on or after that date as a result of claims lodged with the Department before that date.

(7) In this section, “supplementary assistance allowance” means—

(a) an allowance by way of supplementary assistance under section 30a or 65a of the Social Services Act 1947; or

(b) a supplementary allowance under section 112a of the Social Services Act 1947.

NOTE

1. No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1960; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48 and 103, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 37, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979; No. 130, 1980; and No. 61, 1981.