SOCIAL SERVICES CONSOLIDATION.

No. 6 of 1950.

An Act to amend the provisions of the Social Services Consolidation Act 1947–1949 relating to Child Endowment.

[Assented to 28th June, 1950.]

BE it enacted by the King’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 Consolidation Act 1950.

(2.)    The Social Services Consolidation Act 1947–1949 is in this Act referred to as the Principal Act.

(3.)    The Principal Act, as amended by this Act, may be cited as the Social Services Consolidation Act 1947–1950.

Commencement.

2.  This Act shall be deemed to have come into operation on the nineteenth day of June, One thousand nine hundred and fifty.

3.—(1.)     Section ninety-five of the Principal Act is repealed and the following section inserted in its stead:—

Child endowment.

“95.—(1.) Subject to this Part, a person who has the custody, care and control of one or more children, and an institution of which children are inmates, shall be qualified to receive an endowment in respect of each such child in accordance with this section.

“(2.)  In the case of an endowee other than an institution, the rate of an endowment shall be—

(a) where the endowee has the custody, care and control of one child only—Five shillings per week; and

(b) where the endowee has the custody, care and control of two or more children—in respect of the elder or eldest child, Five shillings per week and, in respect of each other child, Ten shillings per week.

“(3.)  In the case of an endowee being an institution, the rate of the endowment in respect of each child who is an inmate of the institution shall be Ten shillings per week.

“(4.)    An endowment shall not be granted in respect of a child whose father is (or being dead, was at the date of his death) an alien unless—

(a) the child was born in Australia;

(b) the mother of the child is a’ British subject; or

(c) the Director-General is satisfied that the child is likely to remain permanently in Australia.

“(5.)    Where, by reason of divorce, separation, death of a parent or otherwise, any children who would otherwise be living together as one family or as part of one family are not so living together, endowment may, in the discretion of the Director-General, in respect of each of those children who is in the custody, care and control of a person who has the custody, care and control of no other children, be paid at the rate which would be payable if those children were living together as one family or as part of one family.

“(6.)    Where an institution supervises and assists children one or both of whose parents are aboriginal natives of Australia, but the children are not inmates of the institution, endowment may be paid to the institution at the rate of Ten shillings per week per child based upon the average number per week of such children supervised and assisted during each endowment period.”.

(2.)    An endowment in force under the Principal Act immediately prior to the commencement of this Act shall, subject to the Principal Act as amended by this Act, continue in force.

Endowment periods.

4.  Section one hundred and one of the Principal Act is amended by omitting the words “as prescribed” and inserting in their stead the words “as determined by the Director-General”.

Date from which endowment payable.

5.  Section one hundred and two of the Principal Act is amended—

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

(b) by omitting from sub-section (2.) the words “or a child who was taken into account in the grant of endowment to another person”;

(c) by omitting from sub-section (2.) the word “three” and inserting in its stead the word “six”; and

(d) by omitting from sub-section (3.) the words “one month” and inserting in their stead the words “three months”.

Endowment to cease in certain circumstances.

6.  Section one hundred and three of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.)    Where, in the case of an endowee (other than an institution) who has been granted endowment in respect of more than one child, the endowment (being at the rate of Five shillings per week) in respect of the elder or eldest of the children in respect of whom endowment is payable ceases, by virtue of this section, to be payable, the rate of the endowment payable in respect of the other child, or the next eldest child, as the case may be, shall thereupon become Five shillings per week.”.

7.  After section one hundred and three of the Principal Act the following sections are inserted:—

Adjustment of rates in certain circumstances.

“103a.  Where an endowee (other than an institution) who is in receipt of endowment in respect of a child at the rate of Five shillings per week assumes the custody, care and control of another child who is older than the first-mentioned child, and is granted endowment in respect of that other child, the rate of the endowment payable in respect of that first-mentioned child shall, as from the date from which the endowment in respect of that other child becomes payable, be Ten shillings per week.

Where child other than eldest child not eligible for endowment.

“103b.   Where a person has the custody, care and control of more than one child, and one or more of those children, other than the elder or eldest child, is a child in respect of whom endowment may not be granted, the Director-General may, if he thinks fit, authorize the payment of endowment in respect of the elder or eldest child at the rate of Ten shillings per week.”.

Payment of endowment during temporary absence from Australia.

8.  Section one hundred and four of the Principal Act is amended by omitting from sub-section (1.) the words “more than one child” and inserting in their stead the words “one or more children”.

Further endowment may be granted without claim.

9.  Where a person (other than an institution) is an endowee at the date of commencement of this Act, an endowment in respect of the elder or eldest of the children of whom the endowee has the custody, care and control at that date may, without the lodging of a claim therefor, be granted in accordance with Part VI. of the Principal Act as amended by this Act, as if the endowee had duly made and lodged a claim for that endowment on that date.