National Health

No. 100 of 1965

An Act to amend the National Health Act 1953–1964 in relation to Pensioners.

[Assented to 13 December, 1965]

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 National Health Act 1965.

(2.)       The National Health Act 1953–1964, as amended by this Act, may be cited as the National Health Act 1953–1965.

Commencement.

2.  This Act shall come into operation on the day on which it receives the Royal Assent but the amendment made by paragraph (b) of section 3 of this Act does not take effect until the first day of January, One thousand nine hundred and sixty-six.

Interpretation.

3.  Section 4 of the National Health Act 1953–1964 is amended—

(a) by omitting from sub-section (1.) the definition of “dependant” and inserting in its stead the following definition:—

“‘dependant’, in relation to a pensioner, means—

(a) the wife of the pensioner;

(b) a woman who is living with the pensioner as his wife on a permanent and bona fide domestic basis, although not legally married to him, and has been so living with him for not less than three years;

(c) a child under the age of sixteen years in the custody, care and control of the pensioner or of the wife or husband of the pensioner; or

(d) a child in the custody, care and control of the pensioner or of the wife or husband of the pensioner, being a child who—

(i) has attained the age of sixteen years but is under the age of twenty-one years;

(ii) is receiving full-time education at a school, college or university;

(iii) is not in receipt of an invalid pension under Part III. of the Social Services Act 1947–1965; and

(iv) except where the pensioner is a person to whom, or in respect of whom, there is being paid a service pension under the Repatriation Act 1920–1965—is wholly or substantially dependent on the pensioner;”; and

(b) by omitting from sub-section (1.) the definition of “pensioner” and inserting in its stead the following definition:—

“‘pensioner’ means a person to whom, or in respect of whom, there is being paid—

(a) an age pension, an invalid pension or a widow’s pension under the Social Services Act 1947–1965;

(b) a service pension under the Repatriation Act 1920–1965; or

(c) an allowance under the Tuberculosis Act 1948,

but does not include a person who would not, by reason of his income or property, be eligible to receive a pension under the Social Services Act 1947–1965, or the Repatriation Act 1920–1965, as in force on the first day of January, One thousand nine hundred and sixty-six;”.