Health Legislation Amendment Act (No. 2) 1987

No. 131 of 1987

An Act to amend the Health Insurance Act 1973 and the National Health Act 1953

[Assented to 16 December 1987]

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

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Health Legislation Amendment Act (No. 2) 1987.

Commencement

2. (1) Section 4 shall come into operation on 13 December 1987.

(2) Sections 5, 6 and 9 and paragraph 8 (a) shall come into operation on 1 January 1988.

(3) The remaining provisions of this Act shall come into operation on the day on which this Act receives the Royal Assent.

PART II—AMENDMENTS OF THE HEALTH INSURANCE ACT 1973

Principal Act

3. In this Part, “Principal Act” means the Health Insurance Act 19731.

Disadvantaged persons, being persons on low incomes

4. Section 5b of the Principal Act is amended by omitting sub-subparagraph (a) (iii) (b) of the definition of “allowable income” in subsection (12) and substituting the following sub-subparagraph:

“(b) $34 or such higher amount as is prescribed; or”.

Disadvantaged persons, being persons in receipt of unemployment benefit or job search allowance

5. Section 5d of the Principal Act is amended:

(a) by inserting in paragraph (1) (a) “or job search allowance” after “benefit”;

(b) by inserting in paragraph (1a) (b) “or job search allowance” after “benefit”;

(c) by inserting in subsection (2) “or a job search allowance, as the case may be,” after “an unemployment benefit”;

(d) by inserting in paragraph (2) (b) “or the job search allowance, as the case may be,” after “the unemployment benefit”;

(e) by omitting subsection (8) and substituting the following subsection:

“(8) In this section:

‘job search allowance’ means job search allowance under Part XIII of the Social Security Act 1947;

‘unemployment benefit’ means unemployment benefit under that Part.”.

Other amendments

6. The Principal Act is amended as set out in the Schedule.

PART III—AMENDMENTS OF THE NATIONAL HEALTH ACT 1953

Principal Act

7. In this Part, “Principal Act” means the National Health Act 19532.

Interpretation

8. Section 4 of the Principal Act is amended:

(a) by inserting after paragraph (aa) of the definition of “pensioner” in subsection (1) the following paragraph:

“(ab) a person to whom or in respect of whom there is being paid a job search allowance under subsection 117a (2) of the Social Security Act 1947;”;

(b) by inserting after subsection (3) the following subsection:

“(3a) Where:

(a) a person was, immediately before 1 September 1987, receiving a widow’s pension as a class A widow, or a supporting parent’s benefit, under the Social Security Act 1947; and

(b) the person ceases to be qualified to receive that pension or benefit at any time before 1 January 1988 solely because of the amendment of that Act by paragraph 12 (b) or section 13, as the case may be, of the Social Security and Veterans’ Entitlements Amendment Act 1987;

the person shall be deemed to be a pensioner for the purposes of this Act during the period commencing on 1 September 1987 and ending on the expiration of 31 December 1988.”.

Interpretation

9. Section 84 of the Principal Act is amended by inserting after paragraph (a) of the definition of “concessional beneficiary” in subsection (1) the following paragraph:

“(aa) a person to whom or in respect of whom there is being paid a job search allowance under the Social Security Act 1947;”.

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SCHEDULE Section 6

OTHER AMENDMENTS OF THE HEALTH INSURANCE ACT 1973

Paragraph 5d (1) (b):

Omit “section 83ca”, substitute “section 69”.

Paragraph 5d (1a) (c):

Omit “section 83ca”, substitute “section 69”.

Subsection 5d (2):

Omit “section 83ca”, substitute “section 69”.

Paragraph 5d (2) (a):

Omit “Part VII”, substitute “Part XIII”.

Subsection 5d (3):

(a) Omit “subsection (3) of section 107”, substitute “subsection 116 (3)”.

(b) Omit “section 83ca”, substitute “section 69”.

Subsection 5d (5):

Omit “section 83ca”, substitute “section 69”.

NOTES

1. No. 42, 1974, as amended, For previous amendments, see No. 58, 1975; Nos. 59, 91, 101, 109 and 157, 1976; No. 75, 1977; Nos. 36, 89 and 133, 1978; Nos. 53 and 123, 1979; No. 132, 1980; Nos. 118 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 54 and 139, 1983; Nos. 15, 46, 63, 120, 135 and 165, 1984; Nos. 24, 65, 70, 95 and 167, 1985; Nos. 28, 75 and 94, 1986; and No. 44, 1987.

2. No. 95, 1953, as amended, For previous amendments, see No. 68, 1955; Nos. 55 and 95, 1956; No. 92, 1957; No. 68, 1958; No. 72, 1959; No. 16, 1961; No. 82, 1962; No. 77, 1963; No. 37, 1964; Nos. 100 and 146, 1965; No. 44, 1966; Nos. 14 and 100, 1967; No. 100, 1968; No. 102, 1969; No. 41, 1970; No. 85, 1971; No. 114, 1972; Nos. 49 and 202, 1973; No. 37, 1974; Nos. 1, 13 and 93, 1975; Nos. 1, 60, 91, 99, 108, 157 and 177, 1976; Nos. 98 and 100, 1977; Nos. 36, 88, 132 and 189, 1978; Nos. 54, 91 and 122, 1979; Nos. 117 and 131, 1980; Nos. 40, 74, 92, 118, 163 and 176, 1981; Nos. 49, 80 and 112, 1982; Nos. 35, 54 and 139, 1983; Nos. 46, 63, 72, 120, 135 and 165, 1984; Nos. 24, 53, 65, 70, 95, 127 and 167, 1985; Nos. 28, 75, 94 and 115, 1986; and Nos. 22 and 44, 1987.

[Minister’s second reading speech made in—

House of Representatives on 4 November 1987

Senate on 19 November 1987]