Federal Register of Legislation - Australian Government

Primary content

Social Security Act 1947

Authoritative Version
Act No. 26 of 1947 as amended, taking into account amendments up to Act No. 135 of 1988
Administered by: Social Services
Registered 07 Dec 2009
Start Date 13 Dec 1989
End Date 01 Jul 1991
Date of repeal 01 Jul 1991
Repealed by Social Security (Rewrite) Transition Act 1991

SOCIAL SECURITY ACT 1947
- Reprinted as at 1 January 1989 (HISTACT CHAP 228 #DATE 01:01:1989)

*1* The Social Security Act 1947 as shown in this reprint comprises Act No. 26, 1947 amended as indicated in the Tables below.
The treatment of a pension, benefit or allowance paid under the Social
Security Act 1947 for the purposes of income taxation is affected by section 23AD of the Income Tax Assessment Act 1936.
Table of Acts
------------------------------------------------------------------------------ -- Act Number
and year Date
of Assent Date of
commencement Application,
saving
or transitional provisions
------------------------------------------------------------------------------ -- Social Services
Consolidation Act 1947 26, 1947 11 June
1947 1 July 1947
Social Services
Consolidation Act 1948 38, 1948 19 Oct 1948
19 Oct 1948 Ss. 18 and 19
Social Services
Consolidation Act (No. 2)
1948 69, 1948 10 Dec 1948
10 Dec 1948 Ss. 4 (2) and
18 (2)
Social Services
Consolidation Act 1949 16, 1949 29 June
1949 Ss. 3 and 4: 1
July 1949
Remainder: Royal
Assent -
Social Services
Consolidation Act 1950 6, 1950 28 June
1950 19 June 1950 Ss. 3 (2) and 9 Social Services
Consolidation Act (No. 2)
1950 26, 1950 27 Nov 1950
27 Nov 1950 S. 17
Social Services
Consolidation Act 1951 22, 1951 31 Oct 1951
31 Oct 1951 S. 30
Social Services
Consolidation Act 1952 41, 1952 25 Sept
1952 25 Sept 1952 S. 29
Social Services
Consolidation Act (No. 2)
1952 107, 1952 18 Nov 1952
18 Nov 1952 -
Social Services
Consolidation Act 1953 51, 1953 26 Oct 1953
26 Oct 1953 S. 25
Social Services Act 1954 30, 1954 6 Oct 1954 6 Oct 1954 S. 22
Social Services Act 1955 15, 1955 4 June 1955
4 June 1955 S. 7 (2)
Social Services Act (No.
2) 1955 38, 1955 19 Oct 1955
S. 4 (a): 16 Feb
1956 (see s. 2 (2)
and Gazette 1956,
p. 472)
Remainder: Royal
Assent S. 14
Social Services Act 1956 67, 1956 5 Oct 1956 5 Oct 1956 S. 12
Social Services Act (No.
2) 1956 98, 1956 15 Nov 1956
1 Sept 1957 (see
s. 2 and Gazette
1957, p. 2631) -
Social Services Act 1957 46, 1957 17 Oct 1957
17 Oct 1957 S. 11
Social Services Act 1958 44, 1958 29 Sept
1958 15 Oct 1958 (see
Gazette 1958, p.
3383) S. 25
Social Services Act 1959 57, 1959 30 Sept
1959 Ss. 1, 2, 5, 7,
10, 12, 15, 21 and
25: Royal Assent
Remainder: 2 Feb
1960 (see Gazette
1960, p. 225) S. 25
Social Services Act 1960 45, 1960 27 Sept
1960 S. 25: 1 Mar 1961
(see Gazette 1961,
p. 605)
Remainder: Royal
Assent Ss. 2 (2), 25
and 26
Social Services Act 1961 45, 1961 27 Sept
1961 27 Sept 1961 S. 12
Social Services Act 1962 1, 1962 1 Mar 1962 1 Mar 1962 S. 8
Social Services Act (No.
2) 1962 95, 1962 14 Dec 1962
28 May 1963 (see
s. 2 and Gazette
1963,
p. 1869) -
Social Services Act 1963 46, 1963 25 Sept
1963 Ss. 5 and 8: 7 Nov
1963 (see Gazette
1963, p. 3863)
Remainder: Royal
Assent S. 17
Social Services Act 1964 3, 1964 26 Mar 1964
Ss. 1, 2, 6 and 7:
Royal Assent
Remainder: 14 Jan
1964 S. 7
Social Services Act (No.
2) 1964 63, 1964 23 Sept
1964 23 Sept 1964 S. 7
Social Services Act 1965 57, 1965 1 Oct 1965 1 Oct 1965 Ss. 11 (2), 12
(2), 15 (2) and 16
Social Services Act (No.
2) 1965 152, 1965 18 Dec 1965
14 Feb 1966 -
Social Services Act 1966 41, 1966 30 Sept
1966 30 Sept 1966 S. 33
Social Services Act 1967 10, 1967 21 Apr 1967
Ss. 3, 4 (2), 5, 9
and 13-20: 30 June
1967 (see Gazette
1967,
p. 3543)
Remainder: Royal
Assent S. 26
Social Services Act (No.
2) 1967 61, 1967 18 Sept
1967 19 Sept 1967 S. 6
Social Services Act 1968 65, 1968 27 Sept
1968 27 Sept 1968 S. 21
Social Services Act 1969 94, 1969 27 Sept
1969 27 Sept 1969 Ss. 21 Social Services Act 1970 2, 1970 24 Mar 1970
24 Mar 1970 S. 6
Social Services Act (No.
2) 1970 59, 1970 28 Sept
1970 28 Sept 1970 S. 13
Social Services Act 1971 16, 1971 7 Apr 1971 1 Apr 1971 S. 10
Social Services Act (No.
2) 1971 67, 1971 29 Sept
1971 29 Sept 1971 S. 14
Social Services Act 1972 1, 1972 25 Feb 1972
25 Feb 1972 S. 4
Social Services Act (No.
2) 1972 14, 1972 24 Apr 1972
24 Apr 1972 S. 10
Social Services Act (No.
3) 1972 53, 1972 7 June 1972
7 June 1972 -
Social Services Act (No.
4) 1972 79, 1972 27 Sept
1972 S. 13: 5 Oct 1972
Remainder: Royal
Assent Ss. 12 (2),
(3), 13 (2),
(3) and 42
Social Services Act 1973 1, 1973 16 Mar 1973
16 Mar 1973 Ss. 13 (2) and
15
Social Services Act (No.
2) 1973 26, 1973 8 May 1973 8 May 1973 Ss. 12-15
Social Services Act (No.
3) 1973 48, 1973 14 June
1973 Ss. 1, 2, 17 and
18: Royal Assent
Remainder: 3 July
1973 S. 21
Social Services Act (No.
4) 1973 103, 1973 26 Sept
1973 26 Sept 1973 Ss. 28 and 29
Statute Law Revision Act
1973 216, 1973 19 Dec 1973
31 Dec 1973 Ss. 9 (1) and
10
Social Services Act 1974 2, 1974 22 Mar 1974
Ss. 18 and 20: 1
July 1974 (see
Gazette 1974, No.
53D, p. 1)
Remainder: Royal
Assent S. 21
Social Services Act (No.
2) 1974 23, 1974 31 July
1974 31 July 1974 S. 8
Social Services Act (No.
3) 1974 91, 1974 1 Nov 1974 Ss. 3(2), 9, 15,
22 and 23 (2): 30
Dec 1974
Remainder: Royal
Assent Ss. 28 (2), 37
and 38
Ss. 10 (2), 16
(2) and 25 (2)
(rep. by 135,
1988, s. 36)
(a)
as
amended
by
Social Security and
Veterans' Affairs
Legislation Amendment Act
1988 135, 1988 22 Dec 1988
S. 36: (a) -
Social Services Act 1975
34, 1975 19 May 1975
19 May 1975 Ss. 15 and 16
Postal and
Telecommunications
Commissions (Transitional
Provisions) Act 1975 56, 1975 12 June
1975 Ss. 4 and 38: 1
July 1975 (see s.
2 (1) and Gazette
1975, No. S122, p.
1)
Remainder: Royal
Assent -
Social Services Act (No.
2) 1975 101, 1975 9 Sept 1975
9 Sept 1975 S. 12
Social Services Act (No.
3) 1975 110, 1975 27 Oct 1975
27 Oct 1975 S. 16
Social Services Amendment
Act 1976 26, 1976 30 Apr 1976
30 Apr 1976 Ss. 9 (2) and
10
Social Services Amendment
Act (No. 2) 1976 62, 1976 5 June 1976
5 June 1976 S. 9
Social Services Amendment
Act (No. 3) 1976 111, 1976 29 Oct 1976
29 Oct 1976 Ss. 2 (2), 50
(2), (3), 51
and 52
S. 50 (1) and
(4) (am. by
135, 1988 s.
36) (b)
as
amended
by
Social Security and
Veterans' Affairs
Legislation Amendment Act
1988 135, 1988 22 Dec 1988
S. 36: (b) -
Social Services Amendment
Act 1977 159, 1977 10 Nov 1977
Ss. 11, 12 and 24:
1 Nov 1977
Remainder: Royal
Assent Ss. 3 (2) and
24
Social Services Amendment
Act 1978 128, 1978 26 Oct 1978
Ss. 5 (1) (a),
(b), (2), 6, 22,
45, 46 and 48: 1
Nov 1978
Ss. 24, 28, 29, 30
(2), 35, 37 (a)
and 39: 15 May
1979
Remainder: Royal
Assent Ss. 3 (2), (3), 5 (2), 11 (2),
(3), 14 (2),
(3), 19 (2), 20 (2), 22 (2), 23 (2), 33 (2), 43 (2) and 45 (2)
Social Services Amendment
Act 1979 121, 1979 29 Oct 1979
Ss. 9 and 38: 2
Nov 1979
Ss. 14 and 16: 1
Jan 1981 (see
Gazette 1980, No.
S274, p. 1) S. 19:
1 Nov 1979
Ss. 22-24, 27 and
29-34: 15 Nov 1979
S. 39: 1 Aug 1982
(see Gazette 1982,
No. S136, p. 2)
Remainder: Royal
Assent Ss. 14 (2),
(4), 16 (2),
(4), 30 (2), 39 (3) and 45
Ss. 14 (3) and
16 (3) (am. by
135, 1988, s.
36) (d)
S. 39 (2) (am.
by 98, 1982, s. 110) S. 39 (2A) (ad. by 98,
1982, s. 110)
S. 39 (4) and
(5)(ad. by 37,
1982, s. 49)
as
amended
by
Social Services
Legislation Amendment Act
1982 37, 1982 2 June 1982
(see 37, 1982
below) (see 37, 1982
below)
Social Security
Legislation Amendment Act
1982 98, 1982 27 Oct 1982
Part VIII (ss. 109
and 110) (c) -
Social Security and
Veterans' Affairs
Legislation Amendment Act
1988 135, 1988 22 Dec 1988
S. 36: (d) -
Social Services Amendment
Act 1980 130, 1980 19 Sept
1980 Ss. 1, 2, 4, 5, 17
and 22: Royal
Assent
S. 3: 30 June 1982
(see Gazette 1982,
G22, p. 3)
Remainder: 1 Nov
1980 Ss. 8 (2)-(4),
9 (2)-(4), 13
(2)-(4), 20
(2), (3) and 22 Statute Law Revision Act
1981 61, 1981 12 June
1981 Ss. 89, 90, 115
and 117: 12 June
1981 (e)
S. 116: 30 Sept
1983 (see Gazette
1983, No. S222, p.
1) (e) -
Social Services Amendment
Act 1981 159, 1981 30 Oct 1981
Ss. 3-6, 10-12,
17, 19-21, 22
(1)-(3) and (7): 1
Feb 1982
Ss. 7-9, 18, 22
(5) and (6): 1 Nov
1981
Ss. 13 and 22 (4):
15 Dec 1981
Remainder: Royal
Assent S. 22 (1) and
(4)-(6)
S. 22 (2) (am.
by 98, 1982, s. 108; rep. by
135, 1988, s.
36) (g)
S. 22 (3) and
(7) (rep. by
135, 1988, s.
36)
as
amended
by
Social Security
Legislation Amendment Act
1982 98, 1982 27 Oct 1982
Part VII (ss. 107
and 108): (f) -
Social Security and
Veterans' Affairs
Legislation Amendment Act
1988 135, 1988 22 Dec 1988
S. 36: (g) -
Social Services Amendment
Act (No. 2) 1981 170, 1981 2 Dec 1981 30 Oct 1981 -
Social Services
Legislation Amendment Act
1982 37, 1982 2 June 1982
No. Ss. 5-11 and 46
(1)-(3): 1 July
1982 (see Gazette
1982, No. S136, p.
1)
Ss. 18 and 43 (2):
15 Aug 1982
Ss. 47-50: 1 Aug
1982 (see s. 2(4)
and Gazette 1982,
No. S136, p. 2)
Remainder: Royal
Assent Ss. 10 (2), 42
(2), 43 (3), 44 (2) and 46
Social Security
Legislation Amendment Act
1982 98, 1982 27 Oct 1982
Ss. 25-28, 33-36,
39,
40, 43, 44, 47-51,
54-56, 62, 63,
65-70,
72, 73, 77, 80,
81,
83, 85, 86, 88-90,
94, 105 and 106:
Royal Assent (h)
Ss. 29 and 74: (h)
Ss. 30, 32, 37,
41,
42, 46, 53, 57,
58,
61, 64, 71, 75,
78,
82, 84, 87, 91-93
and 95-103: (h)
Ss. 31, 76 and
104: (h)
Ss. 38, 45, 52, 59
and 79: (h)
S. 60: (h) Ss. 27 (2)-(5), 88 (2), 105 and 106
Social Security Amendment
Act 1982 148, 1982 31 Dec 1982
31 Dec 1982 Ss. 3 (2), (3), 5 (2), 6 (2)
and 8 (2)
Social Security Amendment
Act 1983 4, 1983 27 Apr 1983
27 Apr 1983 S. 3 (2)
Social Security and
Repatriation Legislation
Amendment Act 1983 36, 1983 19 June
1983 19 June 1983 S. 7
Social Security
Legislation Amendment Act
1983 69, 1983 24 Oct 1983
Ss. 3, 4, 6-10, 11
(2), 12-22, 23
(2), 24, 26-29,
32, 33 (2), 34-36,
37 (1), 38-44 and
46-48: Royal
Assent (j) S. 5:
(j)
S. 11 (1): (j)
S. 23 (1): (j)
Ss. 25 and 37 (2):
(j)
Ss. 30 and 31: (j)
S. 33 (1): (j)
S. 45: (see (j)
and Note 8) Ss. 7 (2), 9
(3), 10
(5)-(7), 12
(2), 13 (2),
(3),
17 (3), 18 (2), 19 (2), (3),
20 (2), 28 (2), 32 (4), (5), 33 (2), 34 (2), 38 (2) and (3)
S. 26 (2) (am.
by 78, 1984, s. 67)
S. 48 (see Note 8)
as amended by
Social Security and
Repatriation Legislation
Amendment Act 1984 78, 1984 25 June
1984 Part III (ss.
65-67): (k) -
Social Security and
Repatriation Legislation
Amendment Act 1985 95, 1985 5 Sept 1985
Part XX (ss. 128
and 129): (l) -
Cocos (Keeling) Islands
Self-Determination
(Consequential
Amendments) Act 1984 46, 1984 25 June
1984 Part VII (ss.
22-26):
6 Apr 1984
Remainder: Royal
Assent S. 26

Social Security and
Repatriation Legislation
Amendment Act 1984 78, 1984 25 June
1984 Ss. 3-8, 12, 13,
14 (1), 15-18,
20-22, 23 (1), 24,
26-31, 33, 34, 35
(1), 36 (1), 37,
39-42, 45, 48-56
and 59-64: Royal
Assent (m)
Ss. 9, 10 (1) and
11 (1): (m)
Ss. 10 (2), 11
(2), 14 (2), 19,
23 (2), 25, 32, 35
(2), 36 (2), 38,
43, 44, 47, 57 and
58: (m)
S. 46: (m) Ss. 60 (2), 61
(2) and 64
Social Security and
Repatriation (Budget
Measures and Assets Test)
Act 1984 93, 1984 21 Sept
1984 Ss. 3-15: 1 Nov
1984
S. 16 (in part):
1 Aug 1984 (see s.
2 (4))
S. 16 (in part):
Royal Assent (see
s. 2) Ss. 14, 51 (1), (3) and 52
S. 51 (2) (am.
by 95, 1985, s. 126)
Ss. 17 and 19-32:8
Nov 1984
Remainder: Royal
Assent
as
amended
by
Social Security and
Repatriation Legislation
Amendment Act 1985 95, 1985 5 Sept 1985
Part XIX (ss.
125-127): (n) -
Christmas Island
Administration
(Miscellaneous
Amendments) Act 1984 120, 1984 18 Oct 1984
Part VIII (ss.
27-31):
1 Oct 1984
Remainder: Royal
Assent S. 31
as
amended
by
Social Security and
Repatriation Legislation
Amendment Act 1985 95, 1985 5 Sept 1985
Part V (ss. 31 and
32): (p) -
Social Security and
Repatriation Legislation
Amendment Act (No. 2)
1984 134, 1984 25 Oct 1984
Part II (ss. 3-5):
15
Jan 1985
Ss. 10-18 and
20-22:
1 Nov 1984
Part V (ss.
23-26): 8
Nov 1984
Remainder: Royal
Assent S. 10 (2)
Statute Law
(Miscellaneous
Provisions) Act (No. 2)
1984 165, 1984 25 Oct 1984
Ss. 3 and 4: 13
Dec 1984 (see
Gazette 1984, No.
S519, p. 1) (q) S. 9 (5) and
(7)-(10)
National Welfare Fund
Repeal Act 1985 24, 1985 22 May 1985
Ss. 3 and 4:
1 July 1985 (see
Gazette 1985, No.
S232, p. 1)
Remainder: Royal
Assent S. 5
Social Security
Legislation Amendment Act
1985 52, 1985 4 June 1985
4 June 1985 -
Social Security and
Repatriation Legislation
Amendment Act 1985 95, 1985 5 Sept 1985
S. 109: (r)
S. 121: (r)
Ss. 100-108,
110-120 and
122-124:
Royal Assent (r) Ss. 111 (2) and 122-124
Social Security and
Repatriation (Budget
Measures) Amendment Act
1985 127, 1985 28 Oct 1985
Ss. 39, 40, 45
(4), (5), 54, 55,
57 (3), 58, 59, 63
(3)-(5), 64 (2),
65 (2), 66 (2) and
67 (2): 28 Oct
1985 (s)
Ss. 41-44, 45 (1),
46, 48-50, 52, 57
(1), 60-62, 63
(1), 66 (1), 67
(1) and 68-74: (s)
Ss. 41 (2), 45
(4), (5), 55
(2), 57 (3), 58 (2), 63
(3)-(5), 64
(2), 65 (2), 66 (2), 67 (2) and 74
Ss. 45 (2), 63
(2), 64 (1) and 65
(1): (s)
Ss. 45 (3), 47 and
51: 1 Jan 1986
(see Gazette 1985,
No. S526, p. 1)
(s)
Ss. 53 and 56: (s)
S. 57 (2): (s)
Social Security (Poverty
Traps Reduction) Act 1985
169, 1985 16 Dec 1985
1 July 1987 S. 30
S. 29 (am. by
106, 1986, s.
60)
as
amended
by
Social Security and
Veterans' Affairs
(Miscellaneous
Amendments) Act 1986 106, 1986 27 Oct 1986
Part III (ss.
58-60): (t) -
Social Security
(Proportional Portability
of Pensions) Amendment
Act 1986 5, 1986 10 Apr 1986
1 July 1986 -
Veterans' Entitlements
(Transitional Provisions
and Consequential
Amendments) Act 1986 28, 1986 19 May 1986
S. 61: Royal
Assent Remainder:
22 May 1986 (see
Gazette 1986, No.
S225, p. 1) -
as
amended
by
Veterans' Affairs
Legislation Amendment Act
1987 78, 1987 5 June 1987
Ss. 50, 52, 54
(2), 55 (1), 56
(1) and 59 (2):
Royal Assent (u) -
Ss. 51, 53, 54
(1), 55 (2), 56
(2), 57, 58, 59
(1) and 60: (u)

S. 59 (3): (u)
S. 61: (u)
Social Security
Legislation Amendment Act
1986 33, 1986 3 June 1986
Ss. 6 and 39 (2):
5 Sept 1985
Ss. 8, 9 (2), 32
(1) and 39 (1): 1
Nov 1985 Ss. 28 (3) and
33 (2)
Ss. 9 (1) and 24:
1 Jan 1986
S. 17 (2): 15 Jan
1986
Ss. 28 (2), 31 and
33: 1 July 1986
S. 29 (1): 1 May
1986
S. 29 (2): 1 Nov
1986
Ss. 29 (3) and 39
(3): 1 July 1987
Part III (ss.
43-45): Royal
Assent
Remainder: 1 July
1986
Social Security and
Veterans' Affairs
(Miscellaneous
Amendments) Act 1986 106, 1986 27 Oct 1986
Ss. 4 (3), 19 (2),
20 (2), 21, 22, 24
(1), 36 (4), 45,
54, 63 (2), 69 (3)
and 83:
1 Jan 1987 Ss. 4 (2), 22
(2), (3), 42
(2), 43 (2),
(3), 56 and 57
Ss. 5 (1) and 73
(1): 24 June 1986
Ss. 9, 19 (3), 77
and 84 (2): 12
June 1987
Ss. 10 and 95 (2):
30 Apr 1987
Ss. 11, 33 (2),
42, 48,
50 (2) and 55: 1
May 1987
Ss. 12 (2), 16,
28, 31, 34, 35, 36
(3), 43, 44, 46,
47, 56, 86, 88, 94
and 105: 1 Nov
1986
Ss. 12 (3), 36 (5)
(b), (c) and 72
(3): (see (v))
Ss. 13, 37 (1),
Part III (ss.
58-60), 95 (1) and
103: 31 Oct 1986
Ss. 14, 17 and 38
(3):
1 July 1987 (see
s. 2 (17))
Ss. 15, 18 and 38
(2): 13 Dec 1986
Ss. 20 (1), 23
(1), 33 (1), 36
(1), 38 (1) and
39: 1 July 1986
Ss. 24 (2), 36 (5)
(a) and 37 (2): 1
Jan 1988
Ss. 40 and 41: 30
June 1986
S. 51: 1 Dec 1986
Ss. 67 (2), 68
(2), 78, 79, 89,
90, 93 (2), 102
(2), 104 and 107
(2): 18 Dec 1986
Ss. 70, 80 (1),
81, 82, 85, 91
(1), 99, 100, 107
(1) and Part IX
(ss. 116 and 117):
22 May 1986
S. 72 (2): 6 Nov
1986
S. 96 (2): 22 May
1986 (see s. 2 (3)
and Gazette 1986,
No. S225, p. 1)
Parts VII and VIII
(ss. 109-115): 1
Jan 1987 (see
Gazette 1987, No.
S661, p. 1)
Remainder: Royal
Assent
as
amended
by
Social Security and
Veterans' Entitlements
Amendment Act (No. 2)
1987 130, 1987 16 Dec 1987
S. 5 (1): Royal
Assent (w) -
Disability Services
(Transitional Provisions
and Consequential
Amendments) Act 1986 130, 1986 9 Dec 1986 5 June 1987 (see
s. 2 and Gazette
1987, No. S110, p.
1) Ss. 20 (2), (3) and 24 (2)-(4)
Social Security Amendment
(Reciprocity with Italy)
Act 1986 152, 1986 18 Dec 1986
Ss. 5 and 6:
1 July 1986
Remainder:
Royal Assent -
Social Security Amendment
Act 1987 77, 1987 5 June 1987
Ss. 3 (1), 4 (1),
(3), 9-11, 14 (b),
25, 26 and 46
(Part 2 of
Schedule 1): 1
July 1987
Ss. 4 (2), 23 (b),
28 and 42: 1 Jan
1987 Ss. 3 (1), (2), 4, 50 (1), (9)
and (10)
S. 3 (3) (rep.
by 130, 1987,
s. 5 (2))
Ss. 4 (4), 23 (a),
30 (a), 32, 33, 36
(a) and 43: 1 May
1987
Ss. 7 and 22
(d)-(f):
12 June 1987
S. 8 (a) and (b):
1 July 1986
S. 8 (c) and (d):
1 July 1988
Ss. 13 and 29: 5
June 1987 (see s.
2 (12) and Gazette
1987, No. S110, p.
1)
Ss. 14 (a), 15,
18, 22 (a)-(c), 44
and 45: 22 May
1986
Ss. 16 and 24: 1
Nov 1986
Ss. 17, 20, 27, 30
(b) and 41: 1 July
1987 (see s. 2
(11))
S. 19: 1 Dec 1986
S. 50: 2 July 1987
Remainder: Royal
Assent
as
amended
by
Social Security and
Veterans' Entitlements
Amendment Act (No. 2)
1987 130, 1987 16 Dec 1987
S. 5 (2): 5 June
1987 (x) -
Social Security and
Veterans' Entitlements
Amendment Act 1987 88, 1987 5 June 1987
Ss. 4 (1) and 17:
13 June 1987
Ss. 6, 9, 12 (b),
13, 21, 24-26, 28,
40-43, 45 and 46:
1 Sept 1987 Ss. 3-6
Ss. 8, 10, 11, 12
(a), 14, 16, 19,
20, 22, 23, 27 and
37: 1 July 1987
Ss. 15, 29, 31-36,
38 and 39: 1 Oct

1987
Remainder: Royal
Assent
as
amended
by
130, 1987 16 Dec 1987
S. 4 (16): 1 Oct
1987 (y) -
Social Security and
Veterans' Entitlements
Amendment Act (No. 2)
1987 130, 1987 16 Dec 1987
Ss. 3 (1)-(6), 4
(1)-(10), (15), 6,
7 (3), 10 (1), 11
(1), (3), 12, 23,
24, 32, 33, 41,
42, 46, 47, 49-53,
56, 58 (1) and 59:
Royal Assent (z)
Ss. 4 (14), (16),
7 (2), 17, 25, 26
(2), 29, 31 and
35: 1 Oct 1987
(z)
Ss. 7 (1), 26 (1)
and 43 (1): 1 July
1987 (z)
Ss. 7 (4), 18 (3),
27 (2), 37, 38
(4), 38 (5), 39
and 45 (2): 1 Jan
1988 (z)
Ss. 8, 18 (1), 38
(2), (3) and 40:
13 Dec 1987 (z)
Ss. 9, 11 (4), 15
(2), 16 (1), 18
(2), 19, 20, 22
and 27 (1): 24 Dec
1987 (z)
Ss. 10 (2) and 11
(2): 13 Nov 1987
(z)
Ss. 13, 30 (1), 36
and 48: 15 Nov
1987 (z)
Ss. 14, 43 (2),
44, 45 (1), 55, 57
(2) and 58 (2): 1
Sept 1987 (z)
Ss. 15 (1) and 54:
1 Nov 1987 (z)
Ss. 16 (2), 21 and
38 (6): 1 Feb 1988
(z) Ss. 3 (1)-(4),
(6), 4 (1)-(10) and (14)
S. 3 (5) (am.
by 133, 1988,
s. 61)
S. 3 (5A) (ad.
by 133, 1988,
s. 61)
Ss. 28 and 30 (2):
17 Dec 1987 (z)
S. 34: 15 Jan 1988
(z)
S. 38 (1): 13 June
1987 (z)
S. 57 (1): 1 Jan
1987 (z)
as
amended
by
Social Security
Legislation
Amendment Act 1988 133, 1988 22 Dec 1988
S. 61: (za) -
Social Security and
Veterans' Entitlements
(Maintenance Income Test)
Amendment Act 1988 13, 1988 28 Apr 1988
17 June 1988 (see
Gazette 1988, No.
S165, p. 1) S. 21
Student Assistance
Legislation Amendment Act
1988 35, 1988 22 May 1988
22 May 1988 S. 12 (2)
Social Security Amendment
Act 1988 58, 1988 15 June
1988 S. 3 (a): 30 Nov
1987
Ss. 3 (b), 4 (1),
7 (1), 8 (1), 11
(2), 16 and 21: 1
Jan 1988
Ss. 3 (e)-(h), 10
(a), 11 (1) and
12: 1 Oct 1987
Ss. 4 (2), 8 (2)
and 11 (3): 1 Jan
1989
Ss. 5 (1) and 6
(1): 1 Sept 1987
Ss. 5 (2), 6 (2)
and 9: 15 Nov 1987
Ss. 7 (2), 13, 14
and 20: 16 Dec
1987
S. 15: 1 July 1987
Ss. 18 and 19: 1
May 1987
Remainder: Royal
Assent Ss. 22-24
Commonwealth Employees'
Rehabilitation and
Compensation Act 1988 75, 1988 24 June
1988 Ss. 1 and 2: Royal
Assent
Ss. 4 (1), 68-97,
99 and 100: 1 July
1988 (see Gazette
1988, No. S196, p.
1)
Remainder: 1 Dec
1988 (see Gazette
1988, No. S196, p.
1) -
Social Security (Review
of Decisions) Act 1988 85, 1988 31 Oct 1988
1 Nov 1988 Ss. 9 and 10
Social Security
Legislation Amendment Act
1988 133, 1988 22 Dec 1988
Ss. 3 (2), (8), 7,
14, 16(a), (b),
(e), 17-22, 24, 25
(a)-(c), (e)-(g),
26 (b), 27-38, 49
(d) and 53: 29 Dec
1988
Ss. 3 (4) and 9:
1 Feb 1988
Ss. 3 (5), 10 (a)
and Ss. 2 (2)-(5),
3 (1)-(9),
(11), (12),
(14), (15) and
4 (1)
Ss. 3 (10),
(13) and 4
(2)-(6) (see
Note 3)
(b): 22 Dec 1988
Ss. 3 (6), (7),
(12), 10 (c)-(f),
15 (b), 16 (c),
(d), 41 (c), (h),
(j), 43-45 and 47:
1 Jan 1989
Ss. 3 (10), (13),
12, 40, 46, 48, 51
and 55: 1 Feb 1989
(see Note 3)
Ss. 3 (11), 41
(a), (b), (d)-(g)
and (k)-(n): 13
Dec 1988
Ss. 4 (2)-(6), 6
(d), 11, 13, 49
(a)-(c), (e), 54,
58 and 60: 1 Mar
1989 (see Note 3)
S. 15 (a): 17 Dec
1987
S. 23: 18 May 1989
(see Note 3)
Ss. 25 (d), 26 (a)
and (c): 1 Oct
1987
S. 56 (a) and (b):
12 Aug 1988
Remainder: Royal
Assent
Social Security and
Veterans' Affairs
Legislation Amendment Act
1988 135, 1988 22 Dec 1988
Ss. 3 (1) and 5-8:
1 Dec 1988 (zb)
Ss. 3 (2), 9-12,
18 and 19: 12 June
1989 (see (zb) and
Note 2)
Ss. 3 (3), 13 (1),
14 (1), 15 (1), 16

(1) and 17 (1): 13
June 1989 (see
(zb) and Note 2)
Ss. 3 (4) and 16
(2): 13 Dec 1989
(see (zb) and Note
2)
Ss. 3 (5), 13 (2),
14 (2), 15 (2), 16
(3) and 17 (2): 13
June 1990 (see
(zb) and Note 2)
S. 4: Royal Assent
(zb)
S. 20: 1 Mar 1989
(see (zb) and Note
2) S. 3 (1)
Ss. 3 (2)-(5),
18 and 19 (see
Note 2)
(a) The Social Services Act (No. 3) 1974 was amended by section 36 and
Schedule 2 only of the Social Security and Veterans' Affairs Legislation
Amendment Act 1988. The provision of Schedule 2 applicable to sections 10 ( 16 (2) and 25 (2) provides as follows:
"Subsections 10 (2), 16 (2) and 25 (2):
Omit the subsections.".
Section 2 of the Social Security and Veterans'
Affairs Legislation Amendment Act 1988 provides
as follows:
"2. Each provision of this Act commences, or
shall be taken to have commenced, as the case
requires, on the day shown by the note in italics
at the foot of that provision."
The day fixed for the commencement of this
provision is 12 June 1989.
(b) The Social Services Amendment Act (No. 3) 1976 was amended by section 36 and Schedule 2 only of the Social Security and Veterans' Affairs Legislatio Amendment Act 1988. The provisions of Schedule 2 applicable to section 50 ( and (4) provide as follows:
"Subsection 50 (1):
(a) Omit ', 10'.
(b) Omit ', 23'.
"Subsection 50 (4):
Omit all the words after 'widow's pension',
substitute 'or a supporting mother's benefit'.".
Section 2 of the Social Security and Veterans'
Affairs Legislation Amendment Act 1988 provides
as follows:
"2. Each provision of this Act commences, or
shall be taken to have commenced, as the case
requires, on the day shown by the note in italics
at the foot of that provision."
The day fixed for the commencement of these
provisions is 12 June 1989.
(c) The Social Services Amendment Act 1979 was amended by Part VIII (sections 109 and 110) only of the Social Security Legislation Amendment Act 1982, subsection 2 (7) of which provides as follows:
"(7) Part VIII shall be deemed to have come into operation on 1 August
1982.".
(d) The Social Services Amendment Act 1979 was amended by section 36 and Schedule 2 only of the Social Security and Veterans' Affairs Legislation Amendment Act 1988. The provisions of Schedule 2 applicable to sections 14 (3) (a), (b) and 16 (3) (a) and (b) provide as follows:
"Paragraph 14 (3) (a):
Add at the end 'and'.
"Paragraph 14 (3) (b):
Omit the paragraph.
"Paragraph 16 (3) (a):
Omit 'section; and', substitute 'section.'.
"Paragraph 16 (3) (b):
Omit the paragraph.".
Section 2 of the Social Security and Veterans'
Affairs Legislation Amendment Act 1988 provides
as follows:
"2. Each provision of this Act commences, or
shall be taken to have commenced, as the case
requires, on the day shown by the note in italics
at the foot of that provision."
The day fixed for the commencement of these
provisions is 12 June 1989.
(e) The Social Security Act 1947 was amended by sections 89, 90 and 115-117 only of the Statute Law Revision Act 1981, subsections 2 (1) and (2) of which provide as follows:
"(1) Subject to this section, this Act shall
come into operation on the day on which it
receives the Royal Assent.
"(2) Parts III, X and XV and section 116 shall
come into operation on a date to be fixed by
Proclamation.".
(f) The Social Services Amendment Act 1981 was amended by Part VII (sections
107 and 108) only of the Social Security Legislation Amendment Act 1982,
subsection 2 (6) of which provides as follows:
"(6) Part VII shall be deemed to have come into operation on 1 February
1982.".
(g) The Social Services Amendment Act 1981 was amended by section 36 and
Schedule 2 only of the Social Security and Veterans' Affairs Legislation
Amendment Act 1988. The provision of Schedule 2 applicable to section 22
provides as follows:
"Subsections 22 (2), (3) and (7):
Omit the subsections.".
Section 2 of the Social Security and Veterans' Affairs Legislation
Amendment Act 1988, provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at
the foot of that provision."
The day fixed for the commencement of this provision is 12 June 1989.
(h) The Social Security Act 1947 was amended by sections 25-106 only of the
Social Security Legislation Amendment Act 1982, subsections 2 (1)-(5) and (8)
of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent.
"(2) Sections 38, 45, 52, 59 and 79 shall come into operation, or shall be
deemed to have come into operation, as the case requires, on 1 November 1982.
"(3) Section 60 shall come into operation on 1 February 1983.
"(4) Parts III and IV and sections 30, 32, 37, 41, 42, 46, 53, 57,
58, 61,< 64, 71, 75, 78, 82, 84, 87, 91, 92, 93, 95, 96, 97, 98, 99, 100, 101, 102 and< 103 shall come into operation< on 1 March 1983.
"(5) Sections 31, 76 and 104 shall come into operation on 1 April 1983.
"(8) Sections 29 and 74 shall be deemed to have come into operation on 17
August 1982.".
(j) The Social Security Act 1947 was amended by sections 3-48 only of the
Social Security Legislation Amendment Act 1983, subsections 2(1)-(3), (5), (6) and (8)-(10) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent.
"(2) Section 5 shall be deemed to have come into operation on 31 December
1982.
"(3) Section 25 and sub-section 37 (2) shall be deemed to have come into
operation on 27 October 1982.
"(5) Sub-section 11 (1) shall come into operation, or shall be deemed to
have come into operation, as the case requires, on 1 November 1983.
"(6) Sections 30 and 31 shall come into operation, or shall be deemed to
have come into operation, as the case requires, on 1 December 1983.
"(8) Sub-section 33 (1) shall come into operation on 1 May 1984.
"(9) Sub-section 23 (1) shall come into operation on the 1 May or 1
November on which, by virtue of the operation of section 28A of the Social
Security Act 1947, that Act has effect as if there were substituted for the
rate applicable under paragraph 83CA (2) (c) of that Act a rate that is equal
to or greater than $3,536 per annum.
"(10) The amendments of the Principal Act made by the items enumerated in
Schedule 1 shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation, and section 45 shall come into operation
accordingly.". (See Note 8.)
(k) The Social Security Legislation Amendment Act 1983 was amended by Part
III (sections 65-67) only of the Social Security and Repatriation Legislation Amendment Act< 1984, subsection 2 (4) of which provides as follows:
"(4) Part III shall be deemed to have come into operation on 24 October
1983.".
(l) The Social Security Legislation Amendment Act 1983 was amended by Part XX (sections 128 and 129) only of the Social Security and Repatriation
Legislation Amendment Act 1985, subsection 2 (14) of which provides as
follows:
"(14) Part XX shall come into operation on the date fixed by Proclamation
for the purposes of sub-section 2 (10) of the Social Security Legislation
Amendment Act 1983 as the date on which the amendments made by item 7 of
Schedule 1 to that Act are to come into operation.".
In pursuance of subsection 2 (10) the date of commencement was 1 July 1987
(see Gazette 1987, No. S146, p. 1).
(m) The Social Security Act 1947 was amended by sections 3-64 only of the
Social Security and Repatriation Legislation Amendment Act 1984, subsections 2 (1)-(3) and (6) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent.
"(2) Section 9 and sub-sections 10 (1) and 11 (1) shall be deemed to have
come into operation on 1 May 1984.
"(3) Section 46 shall be deemed to have come into operation on 27 October
1982.
"(6) Sub-sections 10 (2), 11 (2) and 14 (2), section 19, sub-section 23
(2), sections 25 and 32, sub-sections 35 (2) and 36 (2) and sections 38, 43,
44, 47, 57 and 58 shall come into operation on 1 August 1984.".
(n) The Social Security and Repatriation (Budget Measures and Assets Test)
Act 1984 was amended by Part XIX (sections 125-127) of the Social Security and Repatriation Legislation Amendment Act 1985, subsection 2 (13) of which
provides as follows:
"(13) Part XIX shall be deemed to have come into operation on 21 September
1984.".
(p) The Christmas Island Administration (Miscellaneous Amendments) Act 1984
was amended by Part V (sections 31 and 32) only of the Social Security and
Repatriation Legislation Amendment Act 1985, subsection 2 (3) of which
provides as follows:
"(3) Part V shall be deemed to have come into operation on 1 October
1984.".
(q) The Social Security Act 1947 was amended by sections 3 and 4 only of the
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2 (29) of
which provides that section 9 and the amendments made to the Social Security
Act 1947 shall come into operation on the day fixed by Proclamation for the
purposes of subsection 2 (20) of that Act.
(r) The Social Security Act 1947 was amended by sections 100-124 only of the
Social Security and Repatriation Legislation Amendment Act 1985, subsections 2 (1), (11) and (12) of which provide as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent.
"(11) Section 109 shall be deemed to have come into operation on 1
November 1984.
"(12) Section 121 shall be deemed to have come into operation on 13
December 1984.".
(s) The Social Security Act 1947 was amended by sections 39-74 only of the
Social Security and Repatriation (Budget Measures) Amendment Act 1985,
subsections 2 (1), (3) and (5)-(8) of which provide as follows:

"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent.
"(3) Sections 5, 6, 47 and 51 and sub-section 45 (3) shall come into
operation on such day as is, or such respective days as are, fixed by
Proclamation.
"(5) Sections 8, 11, 13 to 28, inclusive, 36, 41, 42, 43, 44, 46, 48, 49,
50, 52, 60, 61, 62 and 68 to 74, inclusive, and sub-sections 45 (1), 57 (1),
63 (1), 66 (1) and 67 (1) shall come into operation, or shall be deemed to
have come into operation, as the case requires, on 1 November 1985.
"(6) Sub-section 57 (2) shall come into operation on 1 January 1986.
"(7) Sections 53 and 56 shall come into operation on 15 January 1986.
"(8) Sub-sections 45 (2), 63 (2), 64 (1) and 65 (1) shall come into
operation on 1 May 1986.".
(t) The Social Security (Poverty Traps Reduction) Act 1985 was amended by
Part III (sections 58-60) only of the Social Security and Veterans' Affairs
(Miscellaneous Amendments) Act 1986, subsection 2 (7) of which provides as
follows:
"(7) Sections 13 and 103, sub-sections 37 (1) and 95 (1) and Part III
shall come into operation, or shall be deemed to have come into operation, as
the case requires, on 31 October 1986.".
(u) The Veterans' Entitlements (Transitional Provisions and Consequential
Amendments) Act 1986 was amended by sections 50-61 only of the Veterans'
Affairs Legislation Amendment Act 1987, subsections (1)-(3) and (6) of which
provide as follows:
"(1) Subject to this section, this Act shall come into operation on the
day on which it receives the Royal Assent.
"(2) Sections 4, 5 and 6, subsection 9 (2), sections 11 and 12, subsection
22 (1), sections 23, 30, 31 and 32, subsection 37 (1), sections 41, 42, 43,
44, 46 and 47, subsection 49 (1), sections 51 and 53, subsections 54 (1), 55
(2) and 56 (2), sections 57 and 58, subsection 59 (1), sections 60, 67 and 70, subsection 72 (1) and sections 78 and 80 shall be deemed to have come into
operation on 22 May 1986.
"(3) Sections 61 and 63 shall be deemed to have come into operation
immediately before the provisions of the Veterans' Entitlements (Transitional
Provisions and Consequential Amendments) Act 1986 (other than section 61 of
that Act) came into operation.
"(6) Subsections 10 (2) and 13 (2), sections 14, 17 and 19, subsection 20
(1), sections 24 and 25, subsections 49 (2) and 59 (3) and sections 82 and 83
shall come into operation on 2 July 1987.".
(v) Subsection 12 (3) and paragraphs 36 (5) (b) and (c) of the Social
Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 provided
for the amendment of sections 33 and 118 (formally sections 28 and 112) of the Principal Act. Subsection 72 (3) of the Social Security and Veterans' Affairs
(Miscellaneous Amendments) Act 1986 provided for the amendment of the
Veterans' Entitlements Act 1986. Subsection 12 (3), paragraphs 36 (5) (b) and
(c) and subsection 72 (3) were repealed by the Social Security and Veterans'
Entitlements Amendment Act (No. 2) 1987 before they came into operation.
(w) The Social Security and Veterans' Affairs (Miscellaneous Amendments) Act
1986 was amended by subsection 5 (1) only of the Social Security and Veterans' Entitlements Amendment Act (No. 2) 1987, section 2 of which provides as
follows:
"2. Each provision of this Act comes into operation, or is deemed to have
come into operation, as the case requires, on the day, or at the time, shown
by the note in italics at the foot of that provision.".
(x) The Social Security Amendment Act 1987 was amended by subsection 5 (2)
only of the Social Security and Veterans' Entitlements Act (No. 2) 1987,
section 2 of which provides as follows:
"2. Each provision of this Act comes into operation, or is deemed to have
come into operation, as the case requires, on the day, or at the time, shown
by the note in italics at the foot of that provision.".
(y) The Social Security and Veterans' Entitlements Amendment Act 1987 was
amended by subsection 4 (16) only of the Social Security and Veterans'
Entitlements Amendment Act (No. 2) 1987, section 2 of which provides as
follows:
"2. Each provision of this Act comes into operation, or is deemed to have
come into operation, as the case requires, on the day, or at the time, shown
by the note in italics at the foot of that provision.".
(z) The Social Security Act 1947 was amended by sections 6-59 only of the
Social Security and Veterans' Entitlements Amendment Act (No. 2) 1987, section 2 of which provides as follows:
"2. Each provision of this Act comes into operation, or is deemed to have
come into operation, as the case requires, on the day, or at the time, shown
by the note in italics at the foot of that provision.". (See Note 9.)
(za) The Social Security and Veterans' Entitlements Amendment Act (No. 2) 1987 was amended by section 61 only of the Social Security Legislation Amendment
Act 1988, subsections 2 (4) and (5) of which provide as follows:
"(4) The amendment of section 18 of the Social Security and Veterans'
Entitlements Amendment Act (No. 2) 1987 made by Schedule 4 shall be taken to
have commenced on 13 December 1987.
"(5) The remaining amendments of the Social Security and Veterans'
Entitlements Amendment Act (No. 2) 1987 made by Schedule 4 shall be taken to
have commenced on 16 December 1987.".
(zb) The Social Security Act 1947 was amended by sections 4-20 and Schedule 1
only of the Social Security and Veterans' Affairs Legislation Amendment Act
1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at
the foot of that provision.". (See Note 2.)
Table of Amendments
Certain provisions of the Social Security Act 1947, as amended, were
repealed prior to renumbering by the Social Security Amendment Act 1987 (No.
77, 1987) or by that Act. The amendment history of the repealed provisions
appears in Table 1 below.
TABLE 1
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted
------------------------------------------------------------------------------ -
Provision affected How affected
------------------------------------------------------------------------------ - S. 3 ................ am. No. 79, 1972; No. 26, 1973; No. 37, 1982
rep. No. 78, 1984
S. 4 ................ am. No. 16, 1949; No. 38, 1955; No. 41, 1966; Nos. 26 and
216, 1973; No. 37, 1982; No. 69, 1983; No. 165, 1984
rs. No. 78, 1984
am. No. 95, 1985
rep. No. 127, 1985
S. 5 ................ am. No. 69, 1948; No. 30, 1954; No. 15, 1955; No. 44,
1958; No. 57, 1959; No. 46, 1963; No. 57, 1965; No. 41,
1966; No. 10, 1967; No. 65, 1968; Nos. 53 and 79, 1972;
Nos. 26 and 48, 1973
rep. No. 103, 1973
S. 10 ............... am. No. 37, 1982
rep. No. 69, 1983
S. 11 ............... rep. No. 41, 1966
S. 12 ............... am. No. 216, 1973; No. 121, 1979
rep. No. 69, 1983
S. 13 ............... rep. No. 69, 1983
S. 15 .............. am. No. 165, 1984
rep. No. 77, 1987
S. 17A ............. ad. No. 41, 1966
rep. No. 78, 1984
S. 18A ............. ad. No. 46, 1963
am. No. 57, 1965; No. 79, 1972
rs. No. 1, 1973
am. No. 26, 1973; No. 128, 1978; Nos. 37 and 98, 1982; No. 93, 1984
rs. No. 134, 1984
rep. No. 95, 1985
S. 18B ............. ad. No. 79, 1972
rep. No. 111, 1976
ad. No. 128, 1978
am. No. 165, 1984
rep. No. 95, 1985
S. 19 ............... am. No. 57, 1959
rep. No. 41, 1966
ad. No. 101, 1975
rep. No. 78, 1984
S. 20 ............... am. No. 41, 1952; No. 51, 1953; No. 121, 1979; No. 37,
1982; Nos. 78 and 93, 1984
rep. No. 95, 1985
S. 22 ............... am. No. 38, 1948; No. 22, 1951; No. 41, 1952; No. 51,
1953; No. 30, 1954; No. 44, 1958; No. 45, 1960; No. 91,
1974; No. 111, 1976; No. 37, 1982
rep. No. 78, 1984
Heading to Div. 4A of
Part III
.................... rs. No. 95, 1985
rep. No. 169, 1985
Div. 4A of Part III
(ss. 30A, 30B) ad. No. 44, 1958
S. 30A ............. ad. No. 44, 1958
am. No. 45, 1960; No. 57, 1965; No. 41, 1966; No. 2, 1970; No. 79, 1972; No. 26, 1973; No. 91, 1974; No. 111, 1976;
No. 121, 1979; No. 159, 1981; Nos. 37 and 98, 1982; No.
69, 1983; Nos. 78, 93 and 165, 1984; No. 95, 1985; Nos.
28, 33 and 106, 1986; No. 77, 1987
rep. No. 169, 1985
S. 30B ............. ad. No. 44, 1958
am. No. 41, 1966; No. 91, 1974; No. 159, 1981; No. 37,
1982; No. 78, 1984; No. 28, 1986; No. 77, 1987; No. 169,
1985
rep. No. 69, 1983
S. 30C ............. ad. No. 26, 1973
rep. No. 159, 1981
Div. 4B of Part III
(s. 30D) ad. No. 103, 1973
rep. No. 34, 1975
S. 30D ............. ad. No. 103, 1973
am. No. 23, 1974
rep. No. 34, 1975
Heading to Div. 5 of
Part III am. No. 65, 1985
Div. 5 of Part III
(ss. 31-33, 35) rep. No. 79, 1972
S. 33 .............. am. No. 38, 1948; No. 16, 1949; No. 26, 1950; No. 22,
1951; No. 41, 1952; No. 51, 1953; No. 30, 1954; No. 38,
1955; No. 45, 1960; No. 45, 1961; No. 46, 1963; No. 41,
1966; No. 10, 1967; No. 65, 1968; No. 94, 1969; No. 67,
1971
rs. No. 79, 1972; No. 121, 1979
rep. No. 130, 1980
S. 35 .............. am. No. 51, 1953; No. 38, 1955; No. 41, 1966; No. 65, 1968 rep. No. 79, 1972
Div. 6 of Part III (s.
36) rep. No. 30, 1954
S. 36 .............. am. No. 38, 1948; No. 26, 1950; No. 22, 1951; No. 41, 1952 rep. No. 30, 1954
Div. 7 of Part III (s.
37) rep. No. 69, 1983
S. 37 .............. am. No. 2, 1974; Nos. 61 and 159, 1981
rep. No. 69, 1983
S. 38 .............. rep. No. 41, 1966
Div. 8 of Part III
(ss. 39, 41) rep. No. 95, 1985
S. 39 .............. am. No. 159, 1981; No. 69, 1983; No. 165, 1984
rep. No. 95, 1985
S. 40 .............. rep. No. 69, 1983
S. 41 .............. am. No. 30, 1954; No. 152, 1965; No. 41, 1966; No. 110,

1975; No. 37, 1982
rep. No. 95, 1985
S. 42 .............. am. No. 37, 1982
rep. No. 98, 1982
S. 43 .............. rs. No. 57, 1959
rep. No. 69, 1983
S. 44 .............. am. No. 30, 1954; No. 41, 1966; No. 103, 1973; No. 111,
1976; No. 128, 1978; No. 37, 1982
rep. No. 69, 1983
Heading to Div. 9 of
Part III rep. No. 69, 1983
S. 45 ............... am. No. 38, 1948; No. 51, 1953; No. 30, 1954; No. 44,
1958; No. 45, 1960; No. 46, 1963; No. 41, 1966; No. 10,
1967; No. 79, 1972; Nos. 26, 48 and 103, 1973; No. 111,
1976; No. 128, 1978; Nos. 37 and 98, 1982; No. 78, 1984;
Nos. 95 and 169, 1985
rep. No. 69, 1983
S. 46 ............... am. No. 30, 1954; No. 103, 1973; No. 111, 1976; No. 128,
1978; No. 37, 1982
rep. No. 69, 1983
S. 47 ............... rep. No. 57, 1959
ad. No. 111, 1976
am. No. 165, 1984
rep. No. 93, 1984
S. 48 ............... rs. No. 41, 1966
am. No. 26, 1973
rep. No. 130, 1980
S. 48A .............. ad. No. 26, 1950
am. No. 79, 1972; Nos. 26 and 103, 1973; No. 128, 1978;
No. 37, 1982; Nos. 36 and 69, 1983
rep. No. 78, 1984
S. 51 ............... am. No. 51, 1953
rep. No. 78, 1984
S. 52 ............... rep. No. 78, 1984
S. 53 ............... am. No. 69, 1948
rep. No. 111, 1976
Div. 11 of Part III
(ss. 54-58) rep. No. 57, 1965
S. 54 ............... am. No. 22, 1951; No. 51, 1953
rep. No. 57, 1965
Ss. 55-58 ........... rep. No. 57, 1965
S. 59A .............. ad. No. 46, 1963
am. No. 57, 1965
rs. Nos. 1 and 48, 1973
am. No. 128, 1978; Nos. 37 and 98, 1982
rs. No. 134, 1984
rep. No. 95, 1985
S. 59AA ............. ad. No. 79, 1972
rep. No. 111, 1976
ad. No. 128, 1979
am. No. 165, 1984
rep. No. 95, 1985
S. 59B .............. ad. No. 101, 1975
rep. No. 78, 1984
S. 61 ............... am. No. 65, 1968; No. 121, 1979; No. 37, 1982; No. 78,
1984
rep. No. 95, 1985
S. 63A .............. ad. No. 46, 1963
am. No. 41, 1966
rep. No. 65, 1968
ad. No. 16, 1971
am. No. 67, 1971
rep. No. 14, 1972
Heading to Div. 3A of
Part
IV rs. No. 95, 1985
rep. No. 169, 1985
Div. 3A of Part IV
(ss. 65A, 65B) ad. No. 44, 1958
S. 65A .............. ad. No. 44, 1958
am. No. 45, 1960; No. 57, 1965; No. 41, 1966; No. 79,
1972; No. 26, 1973; No. 91, 1974; No. 111, 1976; No. 159,
1981; Nos. 37 and 98, 1982; No. 69, 1983; Nos. 93 and 165, 1984; No. 95, 1985; No. 106, 1986
rep. No. 169, 1985
S. 65B .............. ad. No. 44, 1958
am. No. 41, 1966
rs. No. 91, 1974
am. No. 159, 1981; No. 78, 1984; No. 169, 1985
rep. No. 69, 1983
Div. 4 of Part IV (s.
66). rep. No. 69, 1983
S. 66 ............... am. No. 44, 1958; No. 2, 1974; No. 61, 1981
rep. No. 69, 1983
S. 67 ............... rep. No. 37, 1982
Div. 5 of Part IV
(ss. 68, 70) rep. No. 95, 1985
S. 68 ............... am. No. 44, 1958; No. 10, 1967; No. 130, 1980; No. 37,
1982; No. 165, 1984
rep. No. 95, 1985
S. 69 ............... rep. No. 69, 1983
S. 70 ............... am. No. 30, 1954; No. 152, 1965; No. 41, 1966; No. 110,
1975; No. 37, 1982
rep. No. 95, 1985
S. 71 ............... am. No. 37, 1982
rep. No. 98, 1982
S. 72 ............... rs. No. 57, 1959
rep. No. 69, 1983
S. 73 ............... am. No. 41, 1966; No. 111, 1976; No. 37, 1982
rep. No. 69, 1983
Heading to Div. 6 of
Part IV rep. No. 69, 1983
S. 74 ............... am. No. 38, 1948; No. 51, 1953; No. 30, 1954; No. 44,
1958; No. 45, 1960; No. 46, 1963; No. 41, 1966; No. 10,
1967; No. 79, 1972; Nos. 26 and 48, 1973; No. 110, 1975;
No. 111, 1976; No. 130, 1980; Nos. 37 and 98, 1982; No.
98, 1984; Nos. 95 and 169, 1985
rep. No. 69, 1983
S. 75 ............... am. No. 111, 1976; No. 128, 1978; No. 37, 1982
rep. No. 69, 1983
S. 76 ............... rep. No. 57, 1959
ad. No. 111, 1976
am. No. 165, 1984
rep. No. 93, 1984
S. 77 ............... rs. No. 41, 1966
am. No. 26, 1973
rep. No. 130, 1980
S. 77A .............. ad. No. 26, 1950
am. No. 26, 1973
rep. No. 78, 1984
S. 78 ............... am. No. 41, 1952; No. 94, 1969
rep. No. 26, 1973
S. 79 ............... am. No. 69, 1948
rep. No. 46, 1963
S. 82 ............... rep. No. 78, 1984
S. 83 ............... am. No. 69, 1948
rep. No. 111, 1976
Part IVAAA (ss. 83AAA-
83AAG) ad. No. 48, 1973
rep. No. 159, 1977
S. 83AAB ............ ad. No. 48, 1973
rs. No. 159, 1977
am. No. 128, 1978; No. 98, 1982; No. 78, 1984
rs. No. 134, 1984
rep. No. 95, 1985
S. 83AABA ........... ad. No. 128, 1978
am. No. 165, 1984
rep. No. 95, 1985
S. 83AAF ............ ad. No. 48, 1973
am. No. 91, 1974
rs. No. 159, 1977
am. No. 121, 1979; No. 165, 1984
rep. No. 95, 1985
S. 83AAH ............ ad. No. 159, 1977
am. No. 78, 1984
rep. No. 69, 1983
Part IVAA (ss.
83AA-83AE) ad. No. 53, 1972
rep. No. 26, 1973
S. 83ACA ............ ad. No. 2, 1974
rep. No. 95, 1985
S. 90 ............... rep. No. 128, 1978
ad. No. 98, 1982
rep. No. 69, 1983
S. 91 ............... rs. No. 57, 1959
rep. No. 128, 1978
ad. No. 98, 1982
rep. No. 69, 1983
S. 92 ............... am. No. 69, 1948; No. 46, 1957; Nos. 26 and 216, 1973; No. 101, 1975
rep. No. 128, 1978
ad. No. 98, 1982
rep. No. 69, 1983
S. 95B .............. ad. No. 128, 1978
am. No. 37, 1982; Nos. 78 and 165, 1984; No. 95, 1985
rep. No. 127, 1985
S. 100 .............. rs. No. 57, 1959
am. No. 37, 1982
rep. No. 69, 1983
Ss. 103C, 103D ...... ad. No. 3, 1964
am. No. 41, 1966
rep. No. 61, 1967
S. 104 .............. rs. No. 69, 1948
am. No. 6, 1950; No. 46, 1957; No. 61, 1967; Nos. 26 and
216, 1973; No. 101, 1975; No. 128, 1978; No. 121, 1979;
Nos. 37 and 98, 1982; No. 69, 1983; Nos. 78, 93 and 165,
1984; No. 95, 1985
rep. No. 33, 1986
S. 104AA ............ ad. No. 62, 1976
rep. No. 128, 1978
S. 105NA ............ ad. No. 159, 1977
rep. No. 69, 1983
S. 105QA ............ ad. No. 159, 1977
am. No. 128, 1978
rep. No. 69, 1983
S. 106A ............. ad. No. 128, 1978
am. No. 165, 1984
rep. No. 95, 1985
S. 109 .............. am. No. 37, 1982
rep. No. 95, 1985
S. 110 .............. rep. No. 159, 1977
S. 111 .............. rep. No. 57, 1959
S. 112B ............. ad. No. 59, 1970
am. No. 79, 1972
rep. No. 1, 1973
S. 115 .............. am. No. 69, 1948; No. 45, 1960; No. 94, 1969; No. 59,
1970; No. 26, 1973; No. 37, 1982
rep. No. 121, 1979
Div. 3A of Part VII

(ss. 115, 115A-115H) ad. No. 121, 1979
rep. No. 106, 1986
S. 115 .............. rs. No. 121, 1979
am. No. 98, 1982; No. 165, 1984; Nos. 95 and 169, 1985
rep. No. 106, 1986
S. 115A ............. ad. No. 121, 1979 (as am. by No. 37, 1982)
am. No. 69, 1983; No. 165, 1984
rep. No. 106, 1986
S. 115B ............. ad. No. 121, 1979 (as am. by No. 37, 1982)
am. Nos. 78 and 165, 1984; Nos. 33 and 106, 1986
rep. No. 106, 1986
Ss. 115C, 115D ...... ad. No. 121, 1979 (as am. by No. 37, 1982)
am. No. 69, 1983; No. 165, 1984
rep. No. 106, 1986
S. 115E ............. ad. No. 121, 1979 (as am. by No. 37, 1982)
am. No. 165, 1984
rep. No. 106, 1986
S. 115F ............. ad. No. 121, 1979 (as am. by No. 37, 1982)
am. No. 106, 1986
rep. No. 106, 1986
S. 115G ............. ad. No. 121, 1979 (as am. by No. 37, 1982)
am. No. 69, 1983; No. 165, 1984
rep. No. 106, 1986
S. 115H ............. ad. No. 121, 1979
rep. No. 106, 1986
S. 118 .............. rep. No. 37, 1982
S. 121 .............. am. No. 98, 1982; No. 165, 1984
rep. No. 77 1987
S. 123 .............. am. No. 57, 1959; No. 59, 1970; No. 26, 1973; No. 37, 1982 rs. No. 69, 1983
am. No. 165, 1984
rep. No. 77, 1987
S. 126 .............. am. No. 37, 1982
rep. No. 69, 1983
Ss. 128, 129 ........ rep. No. 69, 1983
S. 131 .............. am. No. 159, 1977; No. 128, 1978; No. 37, 1982
rep. No. 69, 1983
S. 133F ............. ad. No. 10, 1967
am. No. 61, 1981; No. 37, 1982
rep. No. 69, 1983
S. 133G ............. ad. No. 10, 1967
am. No. 165, 1984
rep. No. 95, 1985
S. 133H ............. ad. No. 10, 1967
am. No. 69, 1983; No. 165, 1984
rep. No. 95, 1985
S. 133K ............. ad. No. 10, 1967
am. No. 37, 1982
rep. No. 69, 1983
S. 133L ............. ad. No. 10, 1967
am. No. 79, 1972; No. 26, 1973; No. 91, 1974; No. 111,
1976; No. 37, 1982; No. 78, 1984
rep. No. 69, 1983
S. 133M ............. ad. No. 10, 1967
am. No. 111, 1976; No. 37, 1982
rep. No. 69, 1983
S. 133P ............. ad. No. 10, 1967
am. No. 69, 1983
rs. No. 78, 1984
rep. No. 28, 1986
S. 133Q ............. ad. No. 10, 1967
am. No. 26, 1973; No. 61, 1981
rep. No. 78, 1984
S. 133R ............. ad. No. 10, 1967
rep. No. 69, 1983
S. 133RD ............ ad. No. 98, 1982
rep. No. 69, 1983
Ss. 133RF, 133RG .... ad. No. 98, 1982
rep. No. 69, 1983
Part VIII (ss. 134,
135) ................ rep. No. 69, 1948
S. 135 .............. rs. No. 69, 1948
am. No. 15, 1955; No. 65, 1968; No. 26, 1973; No. 159,
1977; Nos. 37 and 98, 1982; Nos. 93 and 165, 1984; No. 33, 1986; No. 77, 1987
rep. No. 130, 1986
S. 135A ............. ad. No. 69, 1948
am. No. 22, 1951; No. 15, 1955; No. 44, 1958; No. 103,
1973; No. 159, 1977; No. 37, 1982; No. 165, 1984
rep. No. 130, 1986
S. 135BB ............ ad. No. 98, 1982
rs. No. 78, 1984
rep. No. 28, 1986
Ss. 135BC, 135BD .... ad. No. 98, 1982
rep. No. 69, 1983
S. 135C ............. ad. No. 69, 1948
rs. No. 22, 1951
am. No. 26, 1973; No. 98, 1982; No. 165, 1984
rep. No. 130, 1986
S. 135D ............. ad. No. 69, 1948
am. No. 22, 1951; No. 41, 1952; No. 15, 1955; No. 44,
1958; No. 46, 1963; No. 41, 1966; No. 65, 1968; No. 79,
1972; Nos. 26, 48 and 103, 1973
rs. No. 91, 1974
am. No. 159, 1977; No. 37, 1982
rs. No. 98, 1982
am. No. 165, 1984; No. 95, 1985
rep. No. 130, 1986
S. 135E ............. ad. No. 69, 1948
am. No. 26, 1973
rep. No. 91, 1974
S. 135F ............. ad. No. 69, 1948
am. No. 79, 1972; No. 26, 1973
rep. No. 111, 1976
S. 135G ............. ad. No. 69, 1948
am. No. 65, 1968; No. 91, 1974
rs. No. 98, 1982
am. No. 69, 1983; No. 165, 1984
rep. No. 95, 1985
S. 135H ............. ad. No. 69, 1948
rep. No. 111, 1976
S. 135J ............ ad. No. 69, 1948
rs. No. 15, 1955
am. No. 26, 1973; No. 37, 1982
rep. No. 130, 1986
S. 135K ............. ad. No. 69, 1948
am. No. 41, 1952; No. 10, 1967; Nos. 78, 93 and 165, 1984
rep. No. 130, 1986
S. 135L ............. ad. No. 69, 1948
am. No. 22, 1951; No. 41, 1952; No. 15, 1955; No. 41,
1966; No. 10, 1967; No. 48, 1973; No. 37, 1982; No. 165,
1984
rep. No. 130, 1986
S. 135M ............. ad. No. 69, 1948
am. No. 26, 1973; Nos. 78 and 165, 1984; No. 95, 1985
rep. No. 77, 1987
S. 135N ............. ad. No. 69, 1948
am. No. 165, 1984
rep. No. 77, 1987
S. 135P ............. ad. No. 69, 1948
am. No. 15, 1955; No. 10, 1967; No. 26, 1973; No. 91,
1974; No. 111, 1976
rep. No. 159, 1977
S. 135Q ............. ad. No. 69, 1948
am. No. 22, 1951; No. 26, 1973; No. 91, 1974; No. 111,
1976; No. 159, 1977; No. 98, 1982; No. 69, 1983; Nos. 78
and 165, 1984
rep. No. 130, 1986
S. 135R ............. ad. No. 69, 1948
am. No. 45, 1960; No. 45, 1961; No. 10, 1967; No. 26,
1973; Nos. 37 and 98, 1982; No. 69, 1983; Nos. 78 and 165, 1984
rep. No. 130, 1986
S. 135RA ............ ad. No. 15, 1955
am. No. 41, 1966; No. 37, 1982
rep. No. 78, 1984
S. 135S ............ ad. No. 69, 1948
am. No. 15, 1955; No. 10, 1967; No. 26, 1973; Nos. 37 and
98, 1982; No. 69, 1983; Nos. 78 and 165, 1984
rep. No. 130, 1986
S. 135SB ............ ad. No. 106, 1986
rep. No. 77, 1987
S. 135T ............. ad. No. 65, 1968
am. Nos. 26, 48 and 103, 1973; No. 111, 1976; No. 130,
1980; Nos. 37 and 98, 1982; No. 69, 1983
rep. No. 78, 1984
S. 135TK ............ ad. No. 69, 1983
am. No. 165, 1984
rep. No. 77, 1987
S. 135V ............. ad. No. 94, 1969
am. Nos. 26, 48 and 103, 1973; No. 91, 1974
rep. No. 56, 1975
S. 135W ............. ad. No. 2, 1974
am. No. 34, 1975; No. 98, 1982
rep. No. 69, 1983
S. 137 .............. am. No. 37, 1982
rep. No. 77, 1987
S. 137A ............. ad. No. 57, 1959
rep. No. 41, 1966
S. 139 .............. am. No. 45, 1960; No. 37, 1982; No. 69, 1983; Nos. 93 and
165, 1984
rep. No. 77, 1987
S. 142 .............. rep. No. 69, 1983
S. 143A ............. ad. No. 30, 1954
am. No. 38, 1955; No. 98, 1956; No. 95, 1962; No. 37,
1982; No. 69, 1983; No. 165, 1984; No. 95, 1985
rep. No. 127, 1985
S. 147 .............. rep. No. 121, 1979
Heading to The
Schedules. ad. No. 79, 1972
rep. No. 37, 1982
Heading to The
Schedule. rep. No. 79, 1972
Heading to First
Schedule. ad. No. 79, 1972
rep. No. 37, 1982
The Schedule ........ am. No. 16, 1949
Heading to Schedule . ad. No. 37, 1982
Schedule ............ rep. No. 78, 1984
Second Schedule ..... ad. No. 79, 1972
rep. No. 111, 1976
Schedule ............ ad. No. 152, 1986
Heading to Schedule . rep. No. 77, 1987
----------------------------------------------------------------------------- The amendment history of the Social Security Act 1947 after renumbering by
the Social Security Amendment Act 1987 appears in Table 2 below.
Table of Amendments
TABLE 2
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and
substituted

-----------------------------------------------------------------------------
Provision affected How affected
----------------------------------------------------------------------------- Title ............... am. No. 37, 1982
rs. No. 69, 1983
Heading to Div. 1 of
Part I
ad. No. 135, 1988
S. 1 ............... am. No. 37, 1982
S. 2 ............... am. No. 22, 1951; No. 26, 1973; No. 37, 1982; No. 93, 1984 S. 3 ............... am. No. 38, 1948; No. 38, 1955; Nos. 67 and 98, 1956; No.
95, 1962; No. 41, 1966; Nos. 26 and 216, 1973; No. 121,
1979; No. 130, 1980; No. 61, 1981; Nos. 37 and 98, 1982;
No. 69, 1983; Nos. 46, 78, 93, 120 and 165, 1984; Nos. 95
and 127, 1985; Nos. 28, 33, 106, 130 and 152, 1986; Nos.
77, 88 and 130, 1987; Nos. 13, 58, 85, 133 and 135, 1988
S. 3A .............. ad. No. 130, 1987
rep. No. 135, 1988
S. 4 ............... ad. No. 93, 1984
am. No. 95, 1985; No. 106, 1986; No. 77, 1987
S. 4A .............. ad. No. 13, 1988
S. 5 ............... ad. No. 93, 1984
am. Nos. 95 and 127, 1985; No. 106, 1986; Nos. 77 and 130, 1987
S. 6 ............... ad. No. 93, 1984
am. No. 95, 1985; Nos. 28 and 106, 1986; Nos. 77 and 130,
1987; No. 133, 1988
S. 7 ............... ad. No. 93, 1984
am. No. 95, 1985; No. 106, 1986; Nos. 77 and 130, 1987
S. 8 ............... ad. No. 93, 1984
am. No. 106, 1986; Nos. 77 and 130, 1987
S. 9 .............. ad. No. 93, 1984
am. No. 106, 1986; No. 77, 1987
S. 10 .............. ad. No. 98, 1982
rs. No. 134, 1984
am. No. 127, 1985; Nos. 28 and 130, 1986; Nos. 77 and 130, 1987
S. 11 .............. ad. No. 148, 1982
am. No. 69, 1983; Nos. 77 and 130, 1987
S. 12 .............. ad. No. 46, 1984
am. Nos. 78 and 120, 1984; No. 88, 1987
S. 12A ............. ad. No. 130, 1987
am. No. 130, 1987
Div. 2 of Part I (ss.
12B-12N) ad. No. 135, 1988
Ss. 12B-12N ........ ad. No. 135, 1988
S. 13 .............. am. No. 37, 1982; No. 165, 1984
S. 14 .............. rs. No. 121, 1979
am. No. 37, 1982
rs. No. 69, 1983
am. No. 165, 1984; No. 95, 1985
S. 15 .............. am. No. 121, 1979; No. 37, 1982
rep. No. 69, 1983
ad. No. 77, 1987
S. 16 .............. am. No. 165, 1984
rs. No. 77, 1987; No. 85, 1988
S. 17 .............. ad. No. 61, 1981
am. No. 69, 1983; No. 165, 1984; No. 95, 1985; No. 77,
1987
rs. No. 85, 1988
S. 18 .............. am. No. 41, 1966; No. 121, 1979; No. 37, 1982
rep. No. 69, 1983
ad. No. 78, 1984
am. No. 165, 1984; No. 77, 1987
rs. No. 85, 1988
S. 19 .............. am. No. 57, 1959; No. 41, 1966; No. 26, 1973; Nos. 37 and
98, 1982; No. 69, 1983; No. 165, 1984; Nos. 33 and 130,
1986; Nos. 77 and 88, 1987; No. 133, 1988
Part III ........... ad. No. 69, 1983
S. 20 ............. ad. No. 69, 1983
am. Nos. 46, 78 and 93, 1984; No. 120, 1984 (as am. by No. 95, 1985); No. 165, 1984
S. 21 ............. ad. No. 69, 1983
am. No. 78, 1984; No. 95, 1985
S. 22 ............. ad. No. 69, 1983
am. Nos. 78 and 165, 1984; No. 95, 1985; Nos. 28 and 33,
1986; Nos. 77 and 130, 1987
S. 23 ............. ad. No. 69, 1983
am. No. 165, 1984
Heading to Part IV . rs. No. 69, 1983
am. No. 127, 1985
S. 24 .............. am. Nos. 38 and 69, 1948; No. 41, 1952; No. 51, 1953; No.
30, 1954; No. 38, 1955; No. 67, 1956; No. 44, 1958; No.
57, 1959; No. 45, 1960; No. 57, 1965; No. 41, 1966; No.
10, 1967; No. 79, 1972; Nos. 1, 26, 103 and 216, 1973; No. 91, 1974; Nos. 34 and 110, 1975; Nos. 26 and 111, 1976;
No. 130, 1980; Nos. 61 and 159, 1981; Nos. 37 and 98,
1982; No. 69, 1983; Nos. 78, 93 and 165, 1984; No. 95,
1985
rs. No. 88, 1987
S. 25 .............. am. No. 41, 1952; No. 51, 1953; No. 1, 1962; No. 2, 1974;
No. 37, 1982; No. 95, 1985; No. 88, 1987
S. 26 ............. ad. No. 26, 1973
rs. No. 2, 1974
am. No. 165, 1984
S. 27 .............. am. No. 79, 1972; No. 37, 1982
rs. No. 88, 1987
S. 28 .............. am. No. 41, 1952; No. 1, 1962; No. 10, 1967; Nos. 2 and
91, 1974; No. 37, 1982; No. 95, 1985; No. 88, 1987
S. 29 ............. ad. No. 26, 1973
rs. No. 2, 1974
am. No. 91, 1974; No. 165, 1984
S. 30 .............. am. Nos. 38 and 69, 1948; No. 22, 1951; No. 41, 1952; No.
51, 1953; No. 30, 1954; No. 44, 1958; No. 45, 1960; No. 1, 1962; No. 26, 1973; No. 91, 1974; No. 101, 1975; No. 111,
1976; No. 37, 1982; No. 78, 1984; No. 95, 1985; No. 106,
1986; Nos. 77, 88 and 130, 1987
S. 31 .............. rep. No. 41, 1952
ad. No. 98, 1982
am. No. 69, 1983; Nos. 93 and 165, 1984; No. 95, 1985; No. 130, 1986; No. 77, 1987
S. 32 .............. am. No. 98, 1982; No. 165, 1984
S. 33 .............. am. No. 38, 1948; No. 26, 1950; No. 22, 1951; No. 41,
1952; No. 51, 1953; No. 30, 1954; No. 38, 1955; Nos. 67
and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959;
No. 45, 1960; No. 45, 1961; No. 95, 1962; No. 46, 1963;
No. 63, 1964; No. 57, 1965; No. 41, 1966; No. 10, 1967;
No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16
and 67, 1971; Nos. 14 and 79, 1972; Nos. 1, 26 and 103,
1973; Nos. 2, 23 and 91, 1974; Nos. 34 and 110, 1975; Nos. 26 and 111, 1976; No. 128, 1978; No. 130, 1980; Nos. 37
and 98, 1982; Nos. 36 and 69, 1983; Nos. 78, 93, 134 and
165, 1984; Nos. 95, 127 and 169, 1985; Nos. 28 and 106,
1986; Nos. 77 and 130, 1987; Nos. 13, 58 and 133, 1988
S. 34 ............... ad. No. 16, 1971
rs. No. 67, 1971
rep. No. 14, 1972
ad. No. 111, 1976
am. No. 128, 1978; No. 121, 1979; Nos. 37 and 98, 1982;
Nos. 36 and 69, 1983; No. 93, 1984; Nos. 95 and 127, 1985; No. 28, 1986 (as am. by No. 78, 1987); No. 106, 1986; No.
77, 1987
S. 35 ............... am. No. 22, 1951; No. 41, 1952; No. 67, 1956; No. 45,
1960; No. 41, 1966; No. 94, 1969; No. 79, 1972; Nos. 26
and 103, 1973; No. 91, 1974; No. 37, 1982; Nos. 36 and 69, 1983; No. 165, 1984
rs. No. 93, 1984
am. Nos. 95 and 169, 1985; Nos. 28 and 33, 1986; No. 77,
1987; No. 13, 1988
S. 36 ............... am. No. 69, 1948; No. 26, 1950; No. 22, 1951; No. 51,
1953; No. 41, 1966; No. 79, 1972; No. 26, 1973
rep. No. 111, 1976
ad. No. 169, 1985
am. No. 106, 1986; No. 130, 1987
Div. 5 of Part IV ... ad. No. 79, 1972
S. 37 ............... am. No. 38, 1948; No. 41, 1952; No. 51, 1953
rs. No. 57, 1965; No. 79, 1972
am. No. 121, 1979; No. 159, 1981; No. 98, 1982; No. 93,
1984; No. 95, 1985; No. 28, 1986; No. 88, 1987
S. 38 ............... am. No. 51, 1953; No. 30, 1954
rs. No. 57, 1965; No. 79, 1972
am. No. 26, 1973; No. 111, 1976; No. 121, 1979; Nos. 37
and 98, 1982; No. 69, 1983; Nos. 93 and 165, 1984; Nos.
95, 127 and 169, 1985
rep. No. 130, 1987
Heading to Div. 6 of
Part IV am. No. 127, 1985
Div. 6 of Part IV ... ad. No. 69, 1983
S. 39 ............... ad. No. 69, 1983
am. Nos. 93 and 165, 1984; No. 95, 1985
rs. No. 127, 1985
am. No. 28, 1986 (as am. by No. 78, 1987); No. 33, 1986;
Nos. 77, 88 and 130, 1987
S. 40 ............... am. No. 16, 1949; No. 22, 1951; No. 45, 1961; No. 57,
1965; No. 41, 1966
rep. No. 65, 1968
ad. No. 69, 1983
am. No. 93, 1984
rs. No. 127, 1985; No. 33, 1986
rep. No. 130, 1987
S. 41 ............... am. No. 41, 1952; No. 94, 1969
rep. No. 26, 1973
ad. No. 106, 1986
am. No. 77, 1987
S. 42 ............... am. Nos. 38 and 69, 1948; No. 26, 1950; No. 22, 1951
rs. No. 41, 1952
am. No. 51, 1953; No. 38, 1955; No. 46, 1957; No. 44,
1958; No. 57, 1959; No. 45, 1960; No. 45, 1961; No. 46,
1963; No. 63, 1964; No. 57, 1965; No. 41, 1966; No. 65,
1968; No. 94, 1969; No. 59, 1970; Nos. 16 and 67, 1971;
Nos. 14 and 79, 1972; Nos. 1, 26 and 103, 1973; Nos. 2 and 23, 1974; Nos. 34 and 110, 1975; Nos. 26 and 111, 1976
rs. No. 121, 1979
am. No. 37, 1982; No. 69, 1983; Nos. 95 and 169, 1985
S. 43 ............... am. No. 69, 1948; No. 51, 1953; No. 30, 1954; No. 44,
1958; No. 45, 1960; No. 41, 1966; No. 79, 1972; Nos. 26
and 48, 1973; No. 110, 1975; No. 111, 1976; No. 130, 1980; No. 159, 1981; No. 37, 1982; Nos. 78, 93 and 165, 1984;
No. 95, 1985; No. 88, 1987
S. 44 ............... am. No. 69, 1948; No. 41, 1952; No. 67, 1956; No. 45,
1960; No. 46, 1963; No. 10, 1967; No. 65, 1968; No. 94,
1969; Nos. 26, 48 and 103, 1973; Nos. 2 and 91, 1974; No.
101, 1975; No. 37, 1982; Nos. 78 and 165, 1984; No. 95,
1985; No. 33, 1986; No. 88, 1987; No. 58, 1988
S. 45 ............... ad. No. 26, 1973
rs. No. 2, 1974
am. No. 37, 1982; No. 165, 1984
S. 46 ............... ad. No. 98, 1982

am. No. 28, 1986; No. 88, 1987
S. 47 ............... am. No. 38, 1948; No. 22, 1951; No. 51, 1953; No. 30,
1954; No. 44, 1958; No. 57, 1959; No. 45, 1960; No. 41,
1966; No. 91, 1974; No. 111, 1976; Nos. 93 and 165, 1984;
No. 95, 1985
rs. No. 13, 1988
S. 48 ............... am. No. 38, 1948; No. 26, 1950; No. 22, 1951; No. 41,
1952; No. 51, 1953; No. 30, 1954; No. 38, 1955; No. 67,
1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45,
1960; No. 45, 1961; No. 46, 1963; No. 63, 1964; No. 41,
1966; No. 10, 1967; No. 65, 1968; No. 94, 1969; No. 59,
1970; Nos. 16 and 67, 1971; Nos. 14 and 79, 1972; Nos. 1,
26 and 103, 1973; No. 91, 1974; No. 34, 1975; No. 111,
1976; No. 130, 1980; Nos. 37 and 98, 1982; No. 69, 1983;
Nos. 93, 134 and 165, 1984; Nos. 95, 127 and 169, 1985;
No. 77, 1987; No. 13, 1988
S. 49 ............... am. No. 22, 1951; No. 41, 1952; No. 67, 1956; No. 41,
1966; No. 94, 1969; No. 79, 1972; Nos. 26 and 103, 1973;
No. 91, 1974; No. 37, 1982; No. 69, 1983; Nos. 78 and 93,
1984
rs. No. 95, 1985
am. No. 169, 1985; Nos. 28 and 33, 1986; No. 77, 1987; No. 13, 1988
S. 50 ............... am. No. 26, 1950; No. 22, 1951; No. 51, 1953; No. 41,
1966; No. 79, 1972
rep. No. 111, 1976
ad. No. 169, 1985
am. No. 106, 1986
S. 51 ............... am. Nos. 38 and 69, 1948; No. 26, 1950; No. 22, 1951
rs. No. 41, 1952
am. No. 51, 1953; No. 38, 1955; No. 46, 1957; No. 44,
1958; No. 57, 1959; No. 45, 1960; No. 45, 1961; No. 46,
1963; No. 63, 1964; No. 57, 1965; No. 41, 1966; No. 65,
1968; No. 94, 1969; No. 59, 1970; Nos. 16 and 67, 1971;
Nos. 14 and 79, 1972; Nos. 1, 26 and 103, 1973; Nos. 2 and 23, 1974; Nos. 34 and 110, 1975; Nos. 26 and 111, 1976
rs. No. 121, 1979
am. No. 37, 1982; Nos. 95 and 169, 1985
S. 52 ............... am. No. 38, 1955; No. 98, 1956; No. 95, 1962; No. 26,
1973; No. 69, 1983
rs. No. 28, 1986; No. 77, 1987
Part VI ............. ad. No. 159, 1977
S. 53 ............... ad. No. 48, 1973
am. No. 101, 1975
rs. No. 159, 1977
am. No. 121, 1979; No. 130, 1980; No. 37, 1982; No. 69,
1983 (as am. by No. 95, 1985); Nos. 78, 93 and 165, 1984;
No. 95, 1985; No. 28, 1986; Nos. 77, 88 and 130, 1987; No. 58, 1988
S. 54 ............... ad. No. 48, 1973
am. Nos. 2 and 91, 1974; No. 101, 1975
rs. No. 159, 1977
am. No. 37, 1982; No. 69, 1983; Nos. 78 and 93, 1984
rs. No. 95, 1985
am. No. 33, 1986; No. 88, 1987
S. 55 ............... ad. No. 48, 1973
rs. No. 159, 1977
am. No. 128, 1978; No. 165, 1984; No. 95, 1985
rs. No. 13, 1988
S. 56 ............... ad. No. 48, 1973
rs. No. 159, 1977
am. No. 98, 1982; No. 69, 1983; Nos. 78, 93 and 165, 1984; No. 95, 1985
S. 57 ............... ad. No. 48, 1973
rs. No. 159, 1977
am. No. 128, 1978; No. 69, 1983
rs. No. 95, 1985
am. No. 169, 1985; No. 77, 1987; No. 69, 1983
rep. No. 130, 1987
S. 58 .............. ad. No. 128, 1978
am. No. 165, 1984
rs. No. 95, 1985
Heading to Part VII . rs. No. 2, 1974
Part VII ............ ad. No. 26, 1973
Heading to Div. 1 of
Part VII ad. No. 152, 1986
S. 59 ............... ad. No. 53, 1972
am. No. 79, 1972
rs. No. 26, 1973
am. No. 48, 1973; No. 37, 1982
rs. No. 5, 1986
am. No. 152, 1986; No. 88, 1987
S. 60 ............... ad. No. 53, 1972
rs. No. 26, 1973
am. Nos. 88 and 130, 1987
S. 61 ............... ad. No. 53, 1972
am. No. 79, 1972
rs. No. 26, 1973
rep. No. 95, 1985
ad. No. 5, 1986
am. No. 152, 1986; Nos. 77 and 88, 1987
S. 62 ............... ad. No. 53, 1972
rs. No. 26, 1973
am. No. 101, 1975; No. 61, 1981; No. 37, 1982; Nos. 78 and 165, 1984; Nos. 77 and 88, 1987
S. 63 ............... ad. No. 53, 1972
rs. No. 26, 1973; No. 77, 1987
am. No. 130, 1987
S. 64 ............... ad. No. 26, 1973
am. No. 2, 1974; No. 98, 1982; No. 95, 1985; Nos. 5 and
28, 1986; Nos. 77 and 88, 1987
Div. 2 of Part VII . ad. No. 152, 1986
S. 65 ............... ad. No. 26, 1973
am. No. 98, 1982; No. 69, 1983; No. 165, 1984
rep. No. 95, 1985
ad. No. 152, 1986
am. No. 77, 1987
Part VIII .......... ad. No. 57, 1965
S. 66 ............... ad. No. 57, 1965
am. No. 10, 1967; No. 94, 1969; Nos. 1, 26, 48 and 103,
1973; No. 91, 1974; No. 111, 1976; No. 128, 1978; Nos. 37
and 98, 1982; No. 69, 1983; Nos. 134 and 165, 1984; No.
95, 1985; No. 77, 1987
S. 67 ............... ad. No. 57, 1965
am. No. 41, 1966; No. 10, 1967; No. 94, 1969; No. 79,
1972; No. 103, 1973; No. 111, 1976; No. 37, 1982; No. 69,
1983; No. 165, 1984; No. 127, 1985; No. 28, 1986
S. 68 ............... ad. No. 57, 1965
am. No. 41, 1966; No. 48, 1973; Nos. 37 and 98, 1982; No.
165, 1984
S. 69 ............... ad. No. 111, 1976
am. No. 128, 1978; No. 121, 1979; No. 98, 1982; No. 69,
1983; Nos. 93, 134 and 165, 1984; No. 95, 1985; Nos. 28
and 106, 1986; Nos. 77 and 130, 1987
S. 70 ............... ad. No. 57, 1965
am. No. 26, 1973; No. 37, 1982; No. 28, 1986
S. 71 ............... ad. No. 57, 1965
am. No. 37, 1982; No. 69, 1983; No. 165, 1984
Part IX ............. rep. No. 128, 1978
ad. No. 98, 1982
Part IX (ss. 72-74,
76, 78) ............. rep. No. 130, 1987
Part IX (ss. 72-78) . ad. No. 130, 1987
S. 72 ............... rep. No. 128, 1978
ad. No. 98, 1982
am. No. 69, 1983; No. 165, 1984; No. 95, 1985; No. 106,
1986; No. 77, 1987
rs. No. 130, 1987
am. Nos. 58, 75 and 133, 1988
S. 73 ............... rep. No. 128, 1978
ad. No. 98, 1982
am. No. 69, 1983; No. 165, 1984; No. 130, 1986; No. 88,
1987
rs. No. 130, 1987
am. No. 133, 1988
S. 74 ............... am. No. 69, 1948; No. 22, 1951; No. 57, 1959; No. 216,
1973
rep. No. 128, 1978
ad. No. 98, 1982
am. No. 165, 1984; No. 77, 1987
rs. No. 130, 1987
am. No. 133, 1988
Ss. 74A-74D ........ ad. No. 133, 1988
S. 75 ............... am. No. 41, 1966
rep. No. 128, 1978
ad. No. 98, 1982
am. No. 69, 1983; No. 95, 1985
rep. No. 88, 1987
ad. No. 130, 1987
S. 76 ............... am. No. 22, 1951
rep. No. 128, 1978
ad. No. 98, 1982
am. No. 69, 1983; Nos. 93 and 165, 1984; No. 95, 1985;
Nos. 77 and 88, 1987
rs. No. 130, 1987
am. Nos. 58 and 133, 1988
S. 77 ............... am. No. 67, 1956; No. 41, 1966; No. 128, 1978
rep. No. 128, 1978
ad. No. 98, 1982
rep. No. 88, 1987
ad. No. 130, 1987
S. 78 ............... rep. No. 128, 1978
ad. No. 98, 1982
am. No. 69, 1983; No. 165, 1984; No. 77, 1987
rs. No. 130, 1987
Heading to Part X ... rs. No. 37, 1982
S. 79 ............... am. No. 3, 1964; No. 41, 1966; No. 26, 1973; No. 62, 1976; No. 128, 1978; No. 121, 1979; Nos. 37 and 98, 1982; Nos.
93, 134 and 165, 1984; Nos. 95 and 127, 1985; Nos. 33 and
106, 1986; No. 77, 1987; No. 133, 1988
S. 80 ............... am. No. 38, 1948
rs. No. 6, 1950; No. 3, 1964
am. No. 41, 1966; No. 61, 1967; No. 67, 1971; No. 62,
1976; No. 128, 1978; No. 159, 1981; Nos. 37 and 98, 1982;
No. 165, 1984; Nos. 95 and 127, 1985; No. 33, 1986
rep. No. 133, 1988
S. 81 ............... ad. No. 128, 1978
am. No. 37, 1982
rs. No. 127, 1985; No. 106, 1986
am. No. 77, 1987; No. 133, 1988
S. 82 ............... am. No. 26, 1950; No. 26, 1973; No. 128, 1978; Nos. 37 and 98, 1982; No. 165, 1984; No. 95, 1985; Nos. 33 and 106,
1986; Nos. 88 and 130, 1987; No. 133, 1988
S. 83 ............... rs. No. 57, 1959
rep. No. 41, 1966
ad. No. 37, 1982
am. No. 69, 1983; No. 165, 1984; No. 77, 1987
rep. No. 88, 1987
S. 84 ............... am. No. 121, 1979; No. 37, 1982

rep. No. 69, 1983
ad. No. 52, 1985
am. No. 127, 1985; Nos. 33 and 106, 1986; No. 130, 1987;
No. 133, 1988
S. 85 ............... am. No. 2, 1974; No. 37, 1982
rep. No. 69, 1983
ad. No. 106, 1986
rs. No. 88, 1987 (as am. by No. 130, 1987)
am. No. 130, 1987; No. 133, 1988
S. 85A .............. ad. No. 88, 1987 (as am. by No. 130, 1987)
am. No. 133, 1988
S. 86 ............... ad. No. 128, 1978
am. No. 37, 1982; No. 165, 1984; No. 95, 1985; No. 77,
1987; No. 133, 1988
S. 87 ............... am. No. 6, 1950
rs. No. 128, 1978
am. No. 37, 1982
rs. No. 133, 1988
S. 88 ............... am. No. 6, 1950; No. 22, 1951; No. 128, 1978; No. 121,
1979; Nos. 37 and 98, 1982; No. 165, 1984; Nos. 95 and
127, 1985; No. 33, 1986; Nos. 77, 88 and 130, 1987
rs. No. 133, 1988
S. 89 ............... am. No. 6, 1950; No. 38, 1955
rs. No. 3, 1964
am. No. 26, 1973; No. 62, 1976; No. 128, 1978; No. 121,
1979; Nos. 37, 98 and 148, 1982; Nos. 134 and 165, 1984;
Nos. 95 and 127, 1985; Nos. 33 and 106, 1986; Nos. 77 and
130, 1987
rep. No. 133, 1988
S. 90 ............... ad. No. 6, 1950
rs. No. 3, 1964
am. No. 41, 1966
rs. No. 61, 1967
rep. No. 62, 1976
ad. No. 121, 1979
am. No. 37, 1982
rep. No. 133, 1988
S. 91 ............... ad. No. 6, 1950
rs. No. 3, 1964
am. No. 41, 1966
rs. No. 61, 1967
am. No. 62, 1976; No. 37, 1982; No. 165, 1984; No. 95,
1985
S. 92 ............... ad. No. 3, 1964
am. No. 41, 1966; No. 26, 1973; No. 37, 1982; No. 78,
1984; No. 95, 1985; No. 33, 1986
S. 93 ............... am. No. 57, 1959; No. 37, 1982
Part XI ............ ad. No. 103, 1973
S. 94 ............... ad. No. 103, 1973
am. No. 110, 1975; No. 128, 1978; No. 121, 1979; Nos. 159
and 170, 1981; No. 37, 1982; Nos. 78 and 165, 1984; No.
95, 1985; No. 130, 1987; No. 133, 1988
S. 95 ............... ad. No. 103, 1973
am. No. 128, 1978; No. 37, 1982; No. 69, 1983; Nos. 28, 33 and 106, 1986; No. 130, 1987
S. 96 ............... ad. No. 103, 1973
am. No. 91, 1974; No. 128, 1978; No. 130, 1980; No. 106,
1986
rs. No. 133, 1988
S. 97 ............... ad. No. 103, 1973
am. No. 128, 1978; No. 121, 1979; No. 37, 1982; No. 69,
1983; No. 106, 1986; No. 133, 1988
S. 98 ............... ad. No. 103, 1973
rs. No. 110, 1975
am. No. 121, 1979; No. 159, 1981; No. 78, 1984
S. 99 ............... ad. No. 103, 1973
rs. No. 110, 1975
am. No. 159, 1981; No. 165, 1984
S. 100 .............. ad. No. 103, 1973
rs. No. 110, 1975
Part XII ........... ad. No. 91, 1974
Part XII (ss.
101-114) ............ rep. No. 130, 1987
Part XII (ss.
101-109) ............ ad. No. 130, 1987
S. 101 .............. ad. No. 91, 1974
am. No. 159, 1977; No. 128, 1978; No. 121, 1979; Nos. 37
and 98, 1982; Nos. 78 and 134, 1984; No. 95, 1985
rs. No. 130, 1987
am. No. 133, 1988
S. 102 .............. ad. No. 91, 1974
am. No. 95, 1985
rs. No. 130, 1987
am. No. 133, 1988
S. 103 .............. ad. No. 159, 1977
am. No. 165, 1984; No. 95, 1985
rs. No. 130, 1987
am. No. 133, 1988
S. 104 .............. ad. No. 159, 1977
am. No. 165, 1984
rs. No. 130, 1987; No. 133, 1988
S. 104A ............. ad. No. 133, 1988
S. 105 .............. ad. No. 91, 1974
am. No. 111, 1976
rs. No. 128, 1978
am. No. 37, 1982; Nos. 33 and 106, 1986
rs. No. 130, 1987
rep. No. 133, 1988
S. 106 .............. ad. No. 121, 1979
am. No. 37, 1982; No. 165, 1984; No. 127, 1985; No. 33,
1986; No. 77, 1987
rs. No. 130, 1987
am. No. 58, 1988
rep. No. 133, 1988
S. 107 .............. ad. No. 91, 1974
rs. No. 159, 1977
am. No. 128, 1978; No. 130, 1980; No. 98, 1982; No. 165,
1984; No. 106, 1986
rs. No. 130, 1987
rep. No. 133, 1988
S. 108 .............. ad. No. 121, 1979
am. Nos. 37 and 98, 1982
rs. No. 130, 1987
rep. No. 133, 1988
S. 109 .............. ad. No. 91, 1974
am. No. 111, 1976
rep. No. 159, 1977
ad. No. 128, 1978
rs. No. 121, 1979
am. No. 37, 1982
rs. No. 127, 1985; No. 130, 1987
S. 110 .............. ad. No. 91, 1974
am. No. 165, 1984
rep. No. 130, 1987
S. 111 .............. ad. No. 91, 1974
am. No. 159, 1977; No. 37, 1982; No. 78, 1984; No. 95,
1985
rep. No. 130, 1987
S. 112 .............. ad. No. 91, 1974
am. No. 159, 1977; No. 128, 1978; No. 121, 1979; No. 37,
1982; Nos. 33 and 106, 1986
rep. No. 130, 1987
S. 113 ............. ad. No. 121, 1979
am. No. 37, 1982; Nos. 95 and 127, 1985
rep. No. 130, 1987
S. 114 ............. ad. No. 91, 1974
am. No. 37, 1982
rs. No. 69, 1983
rep. No. 130, 1987
S. 115 ............. am. No. 69, 1948; No. 26, 1950; No. 41, 1952; No. 51,
1953; No. 38, 1955; Nos. 67 and 98, 1956; No. 44, 1958;
No. 57, 1959; No. 95, 1962; No. 10, 1967; No. 59, 1970;
No. 79, 1972; Nos. 1, 26, 103 and 216, 1973; No. 91, 1974; No. 110, 1975; No. 26, 1976; No. 128, 1978; No. 130, 1980; Nos. 61 and 159, 1981; Nos. 37 and 98, 1982; No. 69, 1983; Nos. 78, 93, 134 and 165, 1984; Nos. 95 and 169, 1985;
Nos. 28 and 106, 1986; No. 77, 1987
S. 116 ............. am. No. 38, 1955; No. 79, 1972; No. 26, 1973
rs. No. 121, 1979
am. No. 37, 1982; No. 69, 1983; No. 165, 1984; Nos. 28, 33 and 106, 1986; Nos. 77 and 88, 1987; No. 133, 1988
S. 117 ............. am. No. 38, 1955; No. 10, 1967; No. 79, 1972; No. 26,
1973; No. 121, 1979; Nos. 37 and 148, 1982; No. 69, 1983;
No. 165, 1984; No. 95, 1985; Nos. 28, 33 and 106, 1986;
Nos. 77 and 88, 1987; No. 58, 1988
S. 117A ............ ad. No. 130, 1987
S. 118 ............. am. No. 41, 1952; No. 46, 1957; No. 45, 1961; No. 1, 1962; No. 41, 1966; No. 10, 1967; No. 65, 1968; No. 94, 1969;
No. 67, 1971; Nos. 1 and 79, 1972; Nos. 1, 26 and 103,
1973; Nos. 2, 23 and 91, 1974; Nos. 34 and 110, 1975; Nos. 26 and 111, 1976; No. 128, 1978; No. 121, 1979; No. 130,
1980; No. 159, 1981; Nos. 37 and 98, 1982; Nos. 4 and 69,
1983; Nos. 78, 93, 134 and 165, 1984; Nos. 95 and 127,
1985; Nos. 33 and 106, 1986; Nos. 77, 88 and 130, 1987;
Nos. 58 and 133, 1988
S. 119 ............. ad. No. 111, 1976
am. No. 128, 1978; No. 121, 1979; Nos. 37 and 98, 1982;
No. 69, 1983; No. 93, 1984; No. 95, 1985; No. 106, 1986;
No. 130, 1987
S. 120 ............. ad. No. 59, 1970
am. Nos. 16 and 67, 1971; Nos. 14 and 79, 1972
rs. No. 1, 1973
am. No. 91, 1974; No. 159, 1981; Nos. 37, 98 and 148,
1982; No. 69, 1983; Nos. 78, 93 and 165, 1984; Nos. 95,
127 and 169, 1985; Nos. 28, 33 and 106, 1986; No. 77, 1987 rs. No. 130, 1987
am. Nos. 58 and 133, 1988
S. 121 ............. am. No. 59, 1970
rs. No. 148, 1982
am. No. 165, 1984; No. 95, 1985; No. 33, 1986; No. 77,
1987
S. 121A ............ ad. No. 130, 1987
am. Nos. 58 and 133, 1988
S. 121B ............ ad. No. 133, 1988
S. 122 ............. am. No. 22, 1951; No. 41, 1952; No. 30, 1954; No. 38,
1955; No. 46, 1957; No. 44, 1958; No. 45, 1961; No. 1,
1962; No. 41, 1966; No. 10, 1967; No. 94, 1969; No. 67,
1971; Nos. 1 and 26, 1973; No. 159, 1977; No. 130, 1980;
No. 98, 1982; No. 69, 1983; Nos. 78 and 165, 1984; Nos.
95, 127 and 169, 1985; No. 106, 1986; Nos. 77 and 130,
1987; No. 58, 1988
S. 122A ............ ad. No. 13, 1988 S. 122B ............ ad. No. 133, 1988
S. 123 ............. am. No. 37, 1982
rep. No. 69, 1983
ad. No. 88, 1987
S. 124 ............. am. No. 98, 1982; No. 165, 1984
S. 125 ............. am. No. 26, 1950; No. 94, 1969; Nos. 26 and 216, 1973; No. 159, 1977; No. 121, 1979; Nos. 37 and 148, 1982; No. 69,
1983; Nos. 78 and 165, 1984; No. 127, 1985; No. 28, 1986
(as am. by No. 78, 1987); No. 33, 1986; No. 88, 1987; No.
58, 1988

S. 126 ............. am. No. 121, 1979; No. 37, 1982; Nos. 78 and 165, 1984
rs. No. 106, 1986
am. Nos. 77, 88 and 130, 1987
S. 127 ............ ad. No. 159, 1977
am. No. 61, 1981; No. 165, 1984; No. 88, 1987
rs. No. 130, 1987
S. 128 ............. am. No. 41, 1966; No. 111, 1976; No. 37, 1982
S. 129 ............. am. No. 38, 1955; No. 10, 1967; No. 79, 1972; Nos. 26 and
48, 1973; No. 34, 1975; No. 121, 1979; Nos. 37 and 98,
1982; No. 165, 1984; Nos. 28 and 106, 1986; No. 88, 1987
S. 130 ............. am. No. 165, 1984; No. 133, 1988
S. 131 ............. am. No. 165, 1984
rs. No. 88, 1987
S. 132 ............. am. No. 41, 1966; No. 59, 1970; No. 91, 1974; No. 159,
1977; No. 159, 1981; No. 37, 1982; No. 78, 1984; Nos. 95
and 169, 1985
S. 133 ............. ad. No. 159, 1977
am. No. 78, 1984
S. 134 ............. am. No. 34, 1975; No. 111, 1976
rs. No. 159, 1977
am. No. 165, 1984; No. 77, 1987
S. 135 ............ ad. No. 34, 1975
rs. No. 111, 1976
am. No. 37, 1982; No. 69, 1983
S. 136 ............. rs. No. 41, 1966
am. No. 26, 1973; No. 111, 1976
rs. No. 130, 1980
rep. No. 78, 1984
ad. No. 33, 1986
am. No. 106, 1986; Nos. 77 and 130, 1987; No. 58, 1988
S. 137 .............. ad. No. 26, 1950
am. No. 26, 1973
rep. No. 78, 1984
ad. No. 106, 1986
S. 138 ............. ad. No. 107, 1952
am. No. 26, 1973; No. 61, 1981; No. 37, 1982; No. 165,
1984
Part XIV ........... ad. No. 10, 1967
S. 139 ............. ad. No. 10, 1967
am. Nos. 26 and 216, 1973; Nos. 37 and 98, 1983; No. 165,
1984; No. 95, 1985
S. 140 ............. ad. No. 10, 1967
am. No. 165, 1984; No. 58, 1988
S. 141 ............. ad. No. 10, 1967
am. No. 48, 1973; No. 165, 1984
S. 142 ............. ad. No. 10, 1967
rs. No. 94, 1969; No. 79, 1972
am. No. 91, 1974; No. 69, 1983; No. 165, 1984
rs. No. 95, 1985
S. 143 ............. ad. No. 91, 1974
am. No. 159, 1981; No. 98, 1982; No. 93, 1984
S. 144 ............. ad. No. 10, 1967
am. No. 48, 1973
Part XV ............ ad. No. 98, 1982
S. 145 ............. ad. No. 98, 1982
am. No. 165, 1984
S. 146 ............. ad. No. 98, 1982
am. No. 165, 1984; Nos. 28, 33 and 130, 1986; No. 88, 1987 S. 147 ............. ad. No. 98, 1982
am. No. 106, 1986
S. 148 ............ ad. No. 98, 1982
am. No. 69, 1983; Nos. 93 and 165, 1984
Heading to Part XVI rs. No. 15, 1955; No. 91, 1974; No. 111, 1976; No. 130,
1986
Part XVI ........... ad. No. 69, 1948
S. 149 ............. rs. No. 69, 1948
am. No. 22, 1951; No. 41, 1952; No. 44, 1958; Nos. 26, 48
and 103, 1973; Nos. 37 and 98, 1982; Nos. 78 and 93, 1984; No. 130, 1986; No. 77, 1987
S. 150 ............. ad. No. 69, 1948
am. No. 44, 1958
rs. No. 98, 1982
am. No. 69, 1983; No. 93, 1984; No. 95, 1985
rs. No. 130, 1986
am. No. 77, 1987
S. 151 ............. ad. No. 98, 1982
am. No. 78, 1984; Nos. 95 and 169, 1985; No. 130, 1986;
No. 77, 1987
Part XVII ........... ad. No. 106, 1986
S. 152 .............. ad. No. 106, 1986
am. No. 77, 1987; No. 58, 1988
S. 153 .............. ad. No. 106, 1986
am. No. 130, 1987; No. 58, 1988
S. 154 .............. ad. No. 106, 1986
am. No. 77, 1987
S. 155 .............. ad. No. 106, 1986
am. Nos. 77 and 130, 1987
Ss. 156, 157 ........ ad. No. 106, 1986
Part XVIII .......... ad. No. 69, 1983 S. 158 .............. ad. No. 69, 1983
am. No. 165, 1984; No. 95, 1985; No. 33, 1986; Nos. 77 and 130, 1987
S. 159 .............. ad. No. 69, 1983
am. No. 165, 1984; No. 95, 1985; No. 88, 1987; No. 133,
1988
S. 160 .............. ad. No. 95, 1985
am. Nos. 127 and 169, 1985; Nos. 28, 33 and 130, 1986;
Nos. 77 and 130, 1987
S. 160A ............. ad. No. 130, 1987
S. 161 .............. ad. No. 69, 1983
am. No. 165, 1984; No. 95, 1985; Nos. 88 and 130, 1987
S. 162 .............. ad. No. 69, 1983
am. Nos. 93 and 165, 1984; No. 95, 1985; No. 33, 1986; No. 77, 1987
rs. No. 88, 1987
am. No. 133, 1988
S. 163 .............. ad. No. 69, 1983
am. Nos. 78 and 165, 1984; No. 106, 1986; No. 77, 1987
S. 164 .............. ad. No. 69, 1983
am. Nos. 78 and 165, 1984; No. 95, 1985; Nos. 106 and 130, 1986; Nos. 77 and 88, 1987; No. 133, 1988
S. 165 .............. ad. No. 69, 1983
S. 166 .............. ad. No. 69, 1983
am. No. 93, 1984
S. 167 .............. ad. No. 78, 1984
am. Nos. 93 and 165, 1984; No. 95, 1985; No. 106, 1986;
No. 130, 1987
S. 168 .............. ad. No. 69, 1983
am. Nos. 78 and 165, 1984; No. 130, 1986; Nos. 77, 88 and
130, 1987; Nos. 13, 58 and 85, 1988
S. 168A ............. ad. No. 85, 1988
S. 169 .............. ad. No. 127, 1985
am. No. 106, 1986; Nos. 77 and 130, 1987; No. 133, 1988
S. 170 .............. ad. No. 77, 1987
am. No. 130, 1987
S. 171 .............. ad. No. 69, 1983
Parts XIX and XX (ss.
172-236) ad. No. 85, 1988
Ss. 172-236 ......... ad. No. 85, 1988
Part XIX (ss. 172-188)
Renumbered Part XXI . No. 85, 1988
S. 172 .............. ad. No. 65, 1968
am. No. 2, 1970; No. 79, 1972; No. 26, 1973; No. 91, 1974; No. 34, 1975; Nos. 37 and 98, 1982; No. 69, 1983; No. 78,
1984
rs. No. 93, 1984
am. No. 95, 1985; Nos. 28 and 33, 1986; Nos. 77 and 130,
1987
Renumbered S. 237 ... No. 85, 1988
S. 173 ............. am. No. 69, 1948; No. 45, 1960; No. 41, 1966; No. 26,
1973; No. 37, 1982; No. 69, 1983
rs. No. 24, 1985
am. No. 130, 1986
Renumbered S. 238 ... No. 85, 1988
S. 174 .............. am. No. 45, 1960; No. 41, 1966; No. 26, 1976; No. 37,
1982; No. 69, 1983; No. 165, 1984; No. 95, 1985; No. 77,
1987
Renumbered S. 239 ... No. 85, 1988
S. 175 .............. ad. No. 69, 1983
am. No. 95, 1985; No. 77, 1987; No. 85, 1988
Renumbered S. 240 ... No. 85, 1988
S. 176 ............. ad. No. 77, 1987
Renumbered S. 241 ... No. 85, 1988
S. 177 .............. ad. No. 95, 1985
am. Nos. 127 and 169, 1985; No. 77, 1987
Renumbered S. 242 ... No. 85, 1988
S. 178 .............. ad. No. 95, 1985
am. Nos. 127 and 169, 1985
Renumbered S. 243 ... No. 85, 1988
S. 179 .............. ad. No. 95, 1985
am. No. 33, 1986
Renumbered S. 244 ... No. 85, 1988
S. 180 .............. ad. No. 106, 1986
rs. No. 77, 1987
am. No. 130, 1987; No. 58, 1988
Renumbered S. 245 ... No. 85, 1988
S. 181 ............. am. No. 22, 1951; No. 45, 1960; No. 41, 1966; No. 26,
1973; No. 110, 1975; No. 128, 1978; Nos. 37 and 98, 1982;
No. 69, 1983; Nos. 78 and 165, 1984; No. 127, 1985; Nos.
28, 33 and 106, 1986; Nos. 77, 88 and 130, 1987; No. 35,
1988
Renumbered S. 246 ... No. 85, 1988
S. 246 .............. am. No. 133, 1988
S. 182 ............. am. No. 41, 1966; No. 121, 1979; No. 37, 1982
rs. No. 69, 1983
am. No. 106, 1986; No. 77, 1987
Renumbered S. 247 ... No. 85, 1988
S. 183 ............. am. No. 37, 1982; No. 69, 1983; Nos. 78 and 165, 1984
Renumbered S. 248 ... No. 85, 1988
S. 184 ............. am. No. 103, 1973; No. 37, 1982; No. 69, 1983; Nos. 93 and 165, 1984; No. 95, 1985
Renumbered S. 249 ... No. 85, 1988
S. 185 ............. am. No. 69, 1983; No. 165, 1984
rep. No. 95, 1985
ad. No. 127, 1985
am. No. 77, 1987
Renumbered S. 250 ... No. 85, 1988
S. 186 ............. am. No. 37, 1982; No. 165, 1984
rep. No. 95, 1985
ad. No. 127, 1985
am. No. 33, 1986; No. 77, 1987
Renumbered S. 251 ... No. 85, 1988
S. 251 .............. am. No. 133, 1988
S. 187 ............. rs. No. 69, 1983
am. No. 165, 1984
Renumbered S. 252 ... No. 85, 1988
S. 188 ............. am. No. 41, 1966; No. 37, 1982; No. 69, 1983
Renumbered S. 253 ... No. 85, 1988
Schedule 1A ......... ad. No. 85, 1988
Schedule 1 .......... ad. No. 77, 1987
Heading to Schedule 2
(formerly Schedule) ad. No. 77, 1987
Schedule ............ ad. No. 152, 1986
am. No. 77, 1987
Schedule 3 .......... ad. No. 77, 1987
Schedule 4 .......... ad. No. 133, 1988
------------------------------------------------------------------------------ -

SOCIAL SECURITY ACT 1947 - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

PART I-PRELIMINARY

Division 1-Preliminary

Section

1. Short title

2. Commencement

3. Interpretation

4. Calculation of value of property

4A. Apportionment of capitalised maintenance income

4B. (Not in operation-see Note 2)

5. Pension loans scheme

6. Disposal of income or property

7. Financial hardship

8. Pension reduction amounts

9. Indexation

10. Certain persons to be disregarded for certain purposes

11. Certain persons deemed to continue to receive full time education

12. External Territories

12A. Earnings credit

Division 2-Investment Income

12B. Interpretation etc.

12C. Accruing return investments

12D. Market-linked investments

12E. Statutory rate of return for market-linked investments

12F. Secretary may determine rate of return for market-linked investments

12G. Special provisions about certain investments made before 9 September

1988

12H. Conversion of certain investments

12J. Determinations of entitlement of persons holding market-linked
investments

12K. Treatment of costs of investments

12L. Certain capital amounts taken to be received over 12 months

12M. Operation of Part XIX

12N. Operation of Administrative Appeals Tribunal Act

PART II-ADMINISTRATION

13. Secretary to have general administration of Act

14. Delegation

15. Decision to be in writing

16. Authorised review officers

17. Government policy statements

18. The Secretary and the National Convener may agree on administrative
arrangements

19. Secrecy

PART III-REMOTE AREA ALLOWANCE

20. Interpretation

21. Persons eligible for remote area allowance

22. Rate of remote area allowance

23. Payment of remote area allowance

PART IV-AGE, INVALID, WIVES' AND CARERS' PENSIONS

Division 1-Preliminary

24. Interpretation

Division 2-Qualifications for Age Pensions

25. Qualifications for age pension

26. Qualifications for age pensions for persons outside Australia

Division 3-Qualifications for Invalid Pensions

27. Incapacity for work

28. Qualifications for invalid pension

29. Qualifications for invalid pensions for persons outside Australia

30. Conditions of grant of invalid pension

31. Incentive allowance

32. Examination by medical practitioner

Division 4-Rate of Pensions

33. Rate of pension

34. Indexation of certain rates

35. Calculation of income in respect of children

36. Rent assistance

Division 5-Wives' Pensions

37. Wife's pension

Division 6-Carers' Pensions

39. Carer's pension

Division 7-General

41. Dual entitlement

42. Inmates of benevolent homes

PART V-WIDOWS' PENSIONS

Division 1-Preliminary

43. Interpretation

Division 2-Qualifications for Widows' Pensions

44. Qualifications for widow's pension

45. Qualifications for widow's pension outside Australia

46. Qualification of certain widows

47. Condition of entitlement to widow's pension

Division 3-Rate of Pensions

48. Rate of widow's pension

49. Calculation of income in respect of children

50. Rent assistance

51. Inmates of benevolent homes

52. Restrictions as to dual pensions

PART VI-SUPPORTING PARENTS' BENEFITS

53. Interpretation

54. Qualifications for benefit

55. Condition of entitlement to supporting parent's benefit

56. Rate of benefit

57. (Not in operation-see Note 3)

58. Benefit not payable to 2 persons in respect of one dependent child

58A, 58B.(Not in operation-see Note 3)

PART VII-PAYMENT OF CERTAIN PENSIONS AND BENEFITS TO
PERSONS OUTSIDE AUSTRALIA

Division 1-Portability of Pensions

59. Interpretation

60. Right to be paid pension outside Australia

60A, 60B.(Not in operation-see Note 3)

61. Rate of pension payable outside Australia

62. Pension granted to former resident of Australia etc.

63. Pension payable under Reciprocal Agreement

64. Grant of new pension to pensioner outside Australia

Division 2-Reciprocal Agreements

65. Reciprocal Agreements

PART VIII-FUNERAL BENEFITS

66. Interpretation

67. Funeral benefit payable to pensioner

68. Other funeral benefits

69. Prescribed persons

70. Benefit payable only once in respect of the same funeral

71. Claims for benefit

PART IX-FAMILY ALLOWANCE SUPPLEMENT

72. Interpretation

73. Qualification to receive allowance

74. Rate of allowance

74A. Assets test

74B. Reduction of rate by reference to taxable income

74C. No allowance payable where taxable income is unascertainable

74D. Indexation of assets and income thresholds

75. Claim for allowance

76. Payment of allowance

77. Cessation of allowance

78. Sharing of allowance between 2 persons

PART X-FAMILY ALLOWANCE

79. Interpretation

81. Payments under certain education schemes

82. Qualification for family allowance

83. (Not in operation-see Note 3)

84. Family allowance not payable in respect of certain student children

85. Income test for family allowances

85A. Indexation of family allowance income test

86. Sharing of family allowance between 2 persons

87. Payment of family allowance

88. Amount of family allowance

91. Adjustment of rates in certain circumstances

92. Notification of certain events

93. Application of family allowance

PART XI-DOUBLE ORPHANS' PENSIONS

94. Interpretation

95. Qualification for double orphan's pension

96. Amount of double orphan's pension

97. Application of Part X

98. Notification of change of circumstances

99. Cessation of pension if circumstances change

100. Application of pension under this Part

PART XII-CHILD DISABILITY ALLOWANCE

101. Interpretation

102. Qualification for allowance

103. Temporary absences from home

104. Payment of allowance

104A. Amount of allowance

109. Notification

PART XIII-UNEMPLOYMENT AND SICKNESS BENEFITS

Division 1-Preliminary

115. Interpretation

Division 2-Qualifications for Benefit

116. Unemployment benefits

116A. (Not in operation-see Note 3)

117. Sickness benefits

117A. Job search allowance

118. Rate of unemployment and sickness benefit

119. Indexation of unemployment and sickness benefits

120. Rent assistance

121. Limitation of amount payable as sickness benefit

121A. Parental income test

121B. Indexation of parental income threshold

122. Income and assets test

122A. Maintenance income test

Division 4-Claims for Benefits

122B. Certain persons released from detention entitled to double benefit in respect of first week of release

123. Statements by employers

124. Medical certificate to be furnished

Division 5-Payment of Benefits

125. Waiting period

126. Unemployment benefit not payable in certain cases

127. Education leavers

128. Sickness benefit in lieu of unemployment benefit etc.

Division 6-Special Benefits

129. Special benefit

130. Rate of special benefit

131. Period for which special benefit payable

Division 7-Review of Benefits

132. Notification

133. Engaging in employment etc. to be notified

Division 8-General

134. Benefits to be paid by instalments

135. Payment in advance for period during which beneficiary ceases to be
eligible for benefit

136. Benefit not payable to full-time students

137. Benefit not payable to certain war widows

138. Deductions from benefits for payment of board and lodging

PART XIV-SHELTERED EMPLOYMENT ALLOWANCES

139. Interpretation

140. Sheltered employment

141. Qualification for allowance

142. Amount of allowance

143. Incentive allowance

144. Other pensions etc. not payable to a person in receipt of allowance

PART XV-MOBILITY ALLOWANCE

145. Interpretation

146. Eligibility for mobility allowance

147. Rate of mobility allowance

148. Payment of mobility allowance

PART XVI-REHABILITATION ALLOWANCE

149. Interpretation

150. Persons eligible to be paid rehabilitation allowance etc.

151. Rate of rehabilitation allowance

PART XVII-PAYMENTS BY WAY OF COMPENSATION

152. Interpretation

153. Reduction in rate of pension

154. Recovery of amounts from person liable to make compensation payments

155. Notice to insurers

156. Secretary may disregard certain payments

157. Part to bind Crown

PART XVIII-CLAIMS, PAYMENT, NOTIFICATION, REVIEW,
CANCELLATION AND RELATED MATTERS

158. Claims

159. Making and lodgment of claims etc.

160. Payment and calculation of instalments of certain pensions

160A. Minimum payment

161. Manner of payment etc.

162. Secretary may take action in relation to money owing by pensioners

163. Notification and review

164. Power to obtain information etc.

165. Self-incrimination

166. Furnishing of information

167. Payment of pension etc. during imprisonment etc.

168. Cancellation, suspension or variation of pension etc.

168A. The Secretary may continue payment pending the determination of an
application to the Secretary or the Social Security Appeals Tribunal
for review of an adverse decision

169. Pension etc. to cease to be payable in certain cases

170. Secretary may impose certain requirements

171. Interpretation

PART XIX-REVIEW OF DECISIONS

Division 1-Review by the Secretary

172. The Secretary may review a decision

173. A person affected by a decision may apply to the Secretary for review of the decision

174. The Secretary's powers on review

175. The Secretary will notify the applicant of the applicant's right to
apply to the Social Security Appeals Tribunal and the Administrative
Appeals Tribunal

Division 2-Review by the Social Security Appeals Tribunal

176. The Social Security Appeals Tribunal is to provide a fair, just,
economical, informal and quick review

177. A person affected by a decision may apply to the Social Security
Appeals Tribunal for review of the decision

178. Some decisions are not reviewable by the Social Security Appeals
Tribunal

179. How should an application be made?

180. What happens if the decision under review is varied while the
application for review is still being heard?

181. Who are the parties to a review of a decision?

182. The Social Security Appeals Tribunal's powers on review

183. Date of effect of the Social Security Appeals Tribunal's decision

Division 3-Procedures for review of a decision by the Social Security Appeals Tribunal

Subdivision A-Preliminary procedures

184. What happens initially when an application for review is received?

185. The National Convener will give the other parties a copy of the
paragraph 184 (3) (a) statement

186. The National Convener will make arrangements for the hearing of the
application

187. The National Convener will give notice of the application to any
person whose interests the National Convener believes are affected
by the decision under review

Subdivision B-How the Social Security Appeals Tribunal informs itself about the decision under review

188. How does a party put material before the Social Security Appeals
Tribunal?

189. When can the Social Security Appeals Tribunal proceed without oral
submissions from a party?

190. The Social Security Appeals Tribunal may take evidence

191. The Secretary will provide further information on a request from the
National Convener

192. The National Convener may ask the Secretary to exercise powers under
section 164

Subdivision C-The nature of the hearing

193. The hearing will be as informal as possible

194. The hearing will be in private

195. The National Convener may make orders restricting the further
disclosure of information disclosed at a hearing

Subdivision D-Other procedural matters

196. The Social Security Appeals Tribunal may adjourn a hearing

197. The applicant may withdraw the application

198. The application may be dismissed if the applicant does not intend to
proceed with the application

199. Who presides at the hearing?

200. Questions arising on a review will be decided by a majority

201. What happens if the members are equally divided in opinion?

202. The National Convener may give directions as to the procedure to be
followed in hearing reviews

203. Who bears the expenses of the review?

Subdivision E-Notification of decision

204. What happens when the Social Security Appeals Tribunal makes its
decision on the review?

Division 4-Review by Administrative Appeals Tribunal

Subdivision A-Right to review by Administrative Appeals Tribunal

205. A person affected by a decision that has been reviewed by the Social
Security Appeals Tribunal may apply to the Administrative Appeals
Tribunal for a further review of the decision

206. What happens if the decision under review is varied while the
application for review is still being heard?

207. The Secretary will be able to apply to the Administrative Appeals
Tribunal for review of a decision that the Social Security Appeals
Tribunal has varied or set aside

Subdivision B-Modification of the Administrative Appeals Tribunal Act 1975

208. Modification of the Administrative Appeals Tribunal Act

209. Applicant's right to have a statement of the reasons for the decision under review

210. Notice of application for review

211. Who are the parties to a review by the Administrative Appeals
Tribunal?

212. Lodging of material documents with the Administrative Appeals
Tribunal

213. Power of the Administrative Appeals Tribunal to obtain additional
statements

214. Operation and implementation of the decision under review

215. Power of the Administrative Appeals Tribunal to strike out a party

PART XX-SOCIAL SECURITY APPEALS TRIBUNAL

Division 1-Establishment and membership of the Social Security
Appeals Tribunal

216. Establishment of the Social Security Appeals Tribunal

217. The National Convener

218. Appointment of members

219. Period of appointment of members

220. Acting appointments

Division 2-Organisation of the business of the Social Security
Appeals Tribunal

221. The National Convener will direct which members are to constitute the Social Security Appeals Tribunal for the purposes of a review

222. Number of members to constitute Social Security Appeals Tribunal for
the purposes of a review

223. What happens if a member of the Social Security Appeals Tribunal
ceases to be available for the review?

Division 3-Administrative matters

224. Remuneration and allowances of members

225. Leave of absence

226. Approval to engage in outside employment

227. Resignation

228. Removal from office

229. Disclosure of interests

230. Disclosure of confidential information

231. Delegation by the National Convener

232. Protection of members and witnesses

233. Fees for witnesses

234. Oath or affirmation of office

235. Staff of the Social Security Appeals Tribunal

236. Annual report

PART XXI-MISCELLANEOUS

236A. (Not in operation-see Note 3)

237. Special temporary allowance

237A. (Not in operation-see Note 3)

238. Appropriation

239. Offences

240. Indictable offences

241. Proceedings against corporations

242. New Enterprise Incentive Scheme-effect where spouse of recipient is
not in receipt of wife's pension or carer's pension

243. Payments received under the New Enterprise Incentive Scheme-effect
where spouse of recipient is in receipt of wife's pension or carer's
pension

244. Payments received under the New Enterprise Incentive Scheme-effect
where spouse of recipient is in receipt of a particular benefit or
allowance

245. Rates of certain pensions affected where certain education payments
are made

246. Recovery of overpayments

247. Extra-territorial operation of certain provisions

248. Evidence

249. Benefits to be absolutely inalienable

250. Payments of pension etc. and war pension

251. Write off, waiver etc.

252. Annual report

253. Regulations

SCHEDULE 1A

OATH OR AFFIRMATION

SCHEDULE 1B

(Not in operation-see Note 3)

SCHEDULE 1

PART A

AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE COMMONWEALTH OF
AUSTRALIA

PART B

AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE COMMONWEALTH OF
AUSTRALIA

PART C

NOTES DATED 6 MARCH 1975 BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE
GOVERNMENT OF AUSTRALIA FURTHER AMENDING THE AGREEMENT ON SOCIAL SECURITY SIGNED AT CANBERRA ON 29 JANUARY 1958

PART D

NOTES DATED 29 DECEMBER 1986 AND 31 DECEMBER 1986 BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM AND THE GOVERNMENT OF AUSTRALIA FURTHER AMENDING THE AGREEMENT ON SOCIAL SECURITY SIGNED AT CANBERRA ON 29 JANUARY 1958

SCHEDULE 2

AGREEMENT BETWEEN AUSTRALIA AND THE REPUBLIC OF ITALY PROVIDING FOR RECIPROCITY
IN MATTERS RELATING TO SOCIAL SECURITY

SCHEDULE 3

AGREEMENT BETWEEN THE GOVERNMENT OF AUSTRALIA AND THE GOVERNMENT OF NEW ZEALAND
PROVIDING FOR RECIPROCITY IN MATTERS RELATING TO SOCIAL SECURITY

SCHEDULE 4

RECIPROCAL AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF AUSTRALIA AND
THE GOVERNMENT OF CANADA

SOCIAL SECURITY ACT 1947 - LONG TITLE

SECT

An Act to provide for the payment of certain pensions, benefits and allowances and for related purposes

SOCIAL SECURITY ACT 1947 - PART I
PART I-PRELIMINARY

SOCIAL SECURITY ACT 1947 - DIVISION 1
Division 1-Preliminary

SOCIAL SECURITY ACT 1947 - SECT 1
Short title

SECT

1. This Act may be cited as the Social Security Act 1947.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

SOCIAL SECURITY ACT 1947 - SECT 2
Commencement

SECT

2. This Act shall come into operation on 1 July 1947.

SOCIAL SECURITY ACT 1947 - SECT 3
Interpretation

SECT

3.*2* and *3* (1) In this Act, unless the contrary intention appears-
"adopted child" means a child adopted under the law of any place, whether in Australia or not, relating to the adoption of children;
"age pension" means a pension under Division 2 of Part IV;
"annual maintenance free area" means:
(a) in relation to an unmarried person or a married person whose spouse is not in receipt of a prescribed pension-an amount equal to the aggregate of:
(i) $780; and
(ii) $260 for each dependent child (other than the first) of the
person;
(b) in relation to a married person whose spouse is in receipt of a
prescribed pension but does not (apart from subsection (5AA)) have maintenance income-an amount equal to the aggregate of:
(i) $390; and
(ii) $130 for each child (other than the first) who is a dependent
child of the person, the person's spouse or both;
(c) in relation to a married person whose spouse is in receipt of a
prescribed pension and does (apart from subsection (5AA)) have maintenance income-an amount equal to the aggregate of:
(i) $780; and
(ii) $130 for each child (other than the first) who is a dependent
child of the person, the person's spouse or both;
"assurance of support debt" means a debt due and payable by a person to the Commonwealth because of the operation of subregulation 22 (1) of the Migration Regulations in respect of the payment to another person of special benefit under Division 6 of Part XIII of this Act;
"Australia" includes the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island;
"Australian resident" means a person who resides in Australia and who is:
(a) an Australian citizen;
(b) a person who has been granted, or who is included in:
(i) an entry permit (not being a temporary entry permit) in force
under the Migration Act 1958; or
(ii) a return endorsement, or a resident return visa, in force under
the Migration Act 1958; or
(c) a person to whom Division 1 of Part II of that Act does not apply
because of subsection 8 (1) of that Act, being a person who is likely to remain permanently in Australia;
"authorised review officer" means an officer authorised under section 16 to perform duties as an authorised review officer for the purposes of this Act;
"benevolent home" means a home conducted for benevolent purposes which is wholly or partly maintained by contributions from the Consolidated Revenue Fund of the Commonwealth or from the consolidated revenue of a State or of the Northern Territory and is approved by the Secretary for the purposes of this definition;
"capitalised maintenance income", in relation to a person, means maintenance income of the person:
(a) that is not a periodic amount or a benefit provided on a periodic
basis; and
(b) the amount or value of which exceeds $1,500;
"carer's pension" means a pension under Division 6 of Part IV;
"child" means a person who-
(a) is under the age of 16 years; or
(b) is a student child;
"claim" means a claim for a pension, allowance or benefit made, or deemed to have been made, under this Act;
"computer" means a device that is used by the Department for storing or processing information;
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975;
"de facto spouse" means a person who is living with another person of the opposite sex as the spouse of that other person on a bona fide domestic basis although not legally married to that other person;
"dependent child", in relation to a person, means-
(a) a child under the age of 16 years who-
(i) is in the custody, care and control of the person; or
(ii) where no other person has the custody, care and control of the
child-is wholly or substantially in the care and control of the person; or
(b) a student child, not being the spouse of the person, who is wholly or
substantially dependent upon the person;
"domestic payment" means a payment received by a person on the disposition of any property of the person, being property that, for a period of 12 months or such lesser period as the Secretary considers appropriate before that disposition, was used by the person or by the person's spouse wholly or substantially for private or domestic purposes;
"external Territory" does not include the Territory of Cocos (Keeling) Islands or the Territory of Christmas Island;
"fortnightly maintenance free area", in relation to a person, means an amount equal to one twenty-sixth of the annual maintenance free area of the person;
"Government rent" means-
(a) rent payable to any of the following authorities:
(i) The Housing Commission of New South Wales;
(ii) the Director, within the meaning of the Housing Act 1983 of the
State 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;
(b) rent payable to the Commonwealth in respect of any accommodation in
Glebe in New South Wales; or
(c) rent payable to the Commonwealth in respect of any accommodation in
the Australian Capital Territory or in the Jervis Bay Territory;
"husband" means a male married person;
"income", in relation to a person, means personal earnings, moneys, valuable consideration or profits, whether of a capital nature or not, earned, derived or received by that person for the person's own use or benefit by any means from any source whatsoever, within or outside Australia, and includes a periodical payment or benefit by way of gift or allowance and any income that the person is taken to receive because of section 12C or 12D, but does not include-
(a) a payment under this Act;
(aa) any return actually received by the person from an investment in
respect of a period during which the person has, because of section 12C or 12D, been taken to receive income from that investment;
(b) the value of emergency relief or like assistance;
(c) the value of any assistance provided by an eligible organization
within the meaning of the Homeless Persons Assistance Act 1974, being assistance by way of the provision of accommodation or meals or of a ticket, voucher or token that may be exchanged for accommodation or meals;
(d) a payment under the Handicapped Persons Assistance Act 1974;
(e) a payment under Part III of the Disability Services Act 1986 or the
value of any rehabilitation program (including any follow-up program) provided under that Part;
(f) a payment of domiciliary nursing care benefit under Part VB of the
National Health Act 1953;
(g) a payment under a law of the Commonwealth, being a law having an
object of assisting persons to purchase or build their own homes;
(h) a payment made to the person for or in respect of a dependent child of the person;
(j) insurance or compensation payments made by reason of the loss of, or
damage to, buildings, plant or personal effects;
(k) moneys from the investment of payments of the kind referred to in
paragraph (j), being an investment for a period not exceeding 12 months or such longer period as the Secretary, for any special reason in any particular case, allows after the receipt of those payments;
(ka) an amount paid by way of compensation by the Federal Republic of
Germany, or by a State of that Republic, under the laws of that Republic, or of that State, relating to compensation of victims of National Socialist persecution;
(m) in the case of a person who pays or who is liable to pay rent, a
payment by way of rent subsidy made by the Commonwealth, by a State or Territory or by an authority of the Commonwealth or of a State or Territory to or on behalf of the person who pays or who is liable to pay rent;
(n) a payment received by a trainee in full-time training under a program
included in the programs known as the Labour Force Programs, to the extent that the payment includes one or more of the following amounts:
(i) an amount calculated by reference to a rate of unemployment
benefit under Part XIII;
(ii) an amount known as the training component;
(iii) an amount by way of a living away from home allowance;
(o) a payment received by the person under the scheme known as the New
Enterprise Incentive Scheme;
(p) a benefit under a law of the Commonwealth relating to the provision of pharmaceutical, sickness or hospital benefits, or of medical or dental services; (q) a payment made by an organization registered under a law referred to
in paragraph (p) for or in respect of expenses incurred by a person for hospital, medical or dental treatment;
(r) in the case of a member of:
(i) the Australian Naval Reserve;
(ii) the Naval Emergency Reserve Forces;
(iii) the Australian Army Reserve;
(iv) the Australian Air Force Reserve;
(v) the Air Force Emergency Force; or
(vi) the Regular Army Emergency Reserve,
the pay and allowances paid to the person as such a member (other than
pay and allowances in respect of continuous full-time service) and, in the case of a member of a Force referred to in subparagraph (ii), (v) or (vi), any gratuity paid to the person by reason of a calling out for continuous service of that Force or of a part of that Force;
(s) a payment by way of:
(i) service pension, wife's service pension or carer's service pension under Part III of the Veterans' Entitlements Act 1986;
(ii) attendant allowance under section 98 of that Act;
(iii) recreation allowance under section 104 of that Act;
(iv) an allowance for the running and maintenance of a motor vehicle
under the Vehicle Assistance Scheme referred to in section 105 of that Act;
(v) decoration allowance under section 102 of that Act;
(vi) Victoria Cross allowance under section 103 of that Act; or
(vii) clothing allowance under section 97 of that Act;
(t) a periodical payment or benefit by way of gift or allowance from the
father, mother, son, daughter, brother or sister of the person;
(u) that part of the value of board or lodging, or board and lodging,
received by the person that exceeds $65 per annum;
(v) a domestic payment;
(w) so much of a payment received by the person as is, in accordance with
an agreement between the Commonwealth and a foreign country, applied in reduction of the amount of pension, benefit or allowance that would otherwise be payable to the person under this Act;
(wa) a payment made to the person by the Government of New Zealand, being a payment known as:
(i) accommodation benefit;
(ii) disability allowance;
(iii) home help payment;
(iv) special benefit; or
(v) training incentive allowance;
(wb) a payment made to the person by the Government of the United Kingdom,
being a payment known as:
(i) clothing allowance;
(ii) constant attendance allowance;
(iii) decoration allowance; or
(iv) mobility supplement;
(x) a payment of an education supplement to a person who is receiving a
prescribed pension where the person would, if the person were not receiving that prescribed pension, be eligible to receive payments under:
(i) the AUSTUDY scheme; or
(ii) the Aboriginal Study Assistance Scheme; or
(y) maintenance income;
"in-kind housing maintenance income", in relation to a person, means:
(a) in-kind maintenance income of the person in relation to the provision
of a residence that:
(i) is the principal home of the person; and
(ii) is the residence (in paragraphs (b) and (c) called the "family
home") that was the principal home, or last principal home, of both the person and the person's spouse, former spouse or last former spouse, as the case requires, immediately before their separation;
(b) in-kind maintenance income of the person in relation to the provision
of a residence that:
(i) is, or is to be, the principal home of the person;
(ii) was not the family home; and
(iii) has a value exceeding the value of the family home at the time
the in-kind maintenance income is received or, if the Secretary considers that some other time would be more appropriate, that time;
less such part (if any) of that in-kind maintenance income as the
Secretary considers appropriate having regard to the amount of that excess and the circumstances of the case; or
(c) in-kind maintenance income of the person in relation to the provision
of a residence:
(i) that is, or is to be, the principal home of the person; and
(ii) to which paragraphs (a) and (b) do not apply (whether because
there was no family home or otherwise);
and, for the purposes of this definition, in-kind maintenance income in
relation to the provision of a residence includes in-kind maintenance income consisting of:
(d) a benefit received because of the transfer or settlement of a right or interest in relation to the residence;
(e) a benefit received because of the payment of interest, charges or
other amounts, or the repayment of amounts borrowed, under a loan secured by a mortgage or other interest in relation to the residence where the sole or principal purpose of the loan was to enable the residence, or a right or interest in relation to the residence, to be acquired; and
(f) a benefit received because of the payment of rent (including
Government rent), or a like payment, in relation to the residence;
"in-kind maintenance income", in relation to a person, means maintenance income of the person other than the amount of a payment received by the person or a dependent child of the person;
"invalid pension" means a pension under Division 3 of Part IV;
"job search allowance" means a benefit under section 117A;
"maintenance agreement" means an agreement in writing (whether made within or outside Australia) that makes provision in relation to the maintenance of a person (whether or not it also makes provision in relation to other matters), and includes such an agreement that varies an earlier maintenance agreement;
"maintenance income", in relation to a person, means:
(a) the amount of a payment, or the value of a benefit, received by the
person:
(i) from a parent of a dependent child of the person, or from the
spouse or former spouse of such a parent, for the maintenance of the child; or
(ii) from the person's spouse or former spouse for the maintenance of
the person; or
(b) the amount of a payment, or the value of a benefit, received by a
dependent child of the person from a parent of the child, or from the spouse or former spouse of a parent of the child, for the maintenance of the child;
and, for the purposes of this definition:
(c) a payment received under subsection 76 (1) of the Child Support Act
1988 in relation to a registered maintenance liability (within the meaning of that Act) shall be taken to be received from the person who is the payer (within the meaning of that Act) in relation to the liability;
(d) a reference to a benefit received by a person includes a reference to
a benefit received by the person because of a payment made to, or a benefit conferred on, another person (including a payment made or benefit conferred under a liability owed to the other person); and
(e) a reference to a payment or benefit received from a person includes a
reference to a payment or benefit received:
(i) directly or indirectly from the person;
(ii) out of any assets of, under the control of, or held for the
benefit of, the person; and
(iii) from the person under or as a result of a court order, a court
registered or approved maintenance agreement or otherwise;
"married person" includes a de facto spouse but does not include-
(a) a legally married person (not being a de facto spouse) who is living
separately and apart from the spouse of the person on a permanent basis; or
(b) a person who, for any special reason in any particular case, the
Secretary decides should not be treated as a married person;
"medical practitioner" means a person registered or licensed as a medical practitioner under a law of a State or Territory, being a law that provides for the registration or licensing of medical practitioners;
"mental hospital" means premises that the Secretary is satisfied are premises at which accommodation for persons who have a mental disability is provided and are declared by the Secretary to be a mental hospital for the purposes of this definition;
"mental hospital patient" means-
(a) a person who has been admitted to a mental hospital as a patient of
the hospital and is shown on the records of the hospital as a patient (other than an out-patient) of the hospital; or
(b) a person who is being transferred from one mental hospital to another
mental hospital, being a person who, immediately before the transfer began, was a mental hospital patient within the meaning of paragraph (a) at the first-mentioned hospital and who is being so transferred in order to become a mental hospital patient, within the meaning of that paragraph, at that other hospital;
"officer" means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in the case of section 19, includes:
(a) a person who has been such a person; and
(b) a person who is or has been appointed or employed by the Commonwealth
and who, as a result of that appointment or employment, may acquire or has acquired information concerning a person under this Act;
"parent", in relation to a child who has been adopted, means an adoptive parent of the child;
"pension pay-day" means:
(a) the Thursday that fell on 10 January 1985; and
(b) each succeeding alternate Thursday;
"prescribed pension" means-
(a) a pension under Part IV or V;
(b) a benefit under Part VI or XIII;
(c) an allowance under Part XIV;
(d) a rehabilitation allowance under Part XVI; or
(e) a service pension, a wife's service pension or a carer's service
pension under Part III of the Veterans' Entitlements Act 1986;
"prescribed student child", in relation to a person, means a dependent child of the person in relation to whom a determination under sub-section (13) is in force;
"property" includes property situated outside Australia;
"rent", in relation to a person, means rent, not being Government rent, in respect of premises, or a part of premises, occupied by the person as the home of the person and includes amounts payable by the person for-
(a) lodging or for board and lodging;
(b) the use of the site for-
(i) a caravan or other vehicle; or
(ii) a structure,
occupied by the person as the home of the person; or
(c) the right to moor a vessel that is occupied by the person as the home
of the person;
"Secretary" means the Secretary to the Department;
"sickness benefit" means a benefit under section 117;
"special benefit" means a benefit under Division 6 of Part XIII;
"special maintenance income", in relation to a person, means:
(a) in-kind housing maintenance income of the person;
(b) in-kind maintenance income of the person (other than in-kind housing
maintenance income or capitalised maintenance income) received from the person's spouse or former spouse during the period of 6 months following the person's separation from the spouse or former spouse; or
(c) maintenance income of the person provided in relation to expenses
arising directly from a physical, intellectual or psychiatric disability, or a learning difficulty, of a dependent child of the person where the disability or difficulty is likely to be permanent or to last for an extended period;
"spouse" includes a de facto spouse;
"student child" means a person who-
(a) has attained the age of 16 years but who has not attained the age of
25 years; and
(b) is receiving full-time education at a school, college or university;
"supporting parent's benefit" means a benefit under Part VI;
"unemployment benefit" means a benefit under section 116;
"unmarried person" means a person who is not a married person;
"veteran" means a person who is a veteran for the purposes of any of the provisions of the Veterans' Entitlements Act 1986;
"widow's pension" means a pension under Part V;
"wife" means a female married person;
"wife's pension" means a pension under Division 5 of Part IV.

(2) For the purposes of the definition of "dependent child" in sub-section (1), a person shall not be taken to have the custody of a child unless the person, whether alone or jointly with another person, has the right to have, and to make decisions concerning, the daily care and control of the child.
(3) For the purposes of paragraph (b) of the definition of "officer" in subsection (1), a person who, although not appointed or employed by the Commonwealth, performs services for the Commonwealth shall be taken to be employed by the Commonwealth.
(4) If a law of a State or of the Northern Territory alters the name of an authority referred to in the definition of "Government rent" in sub-section (1), a reference to that authority in that definition shall be construed as a reference to the authority under the new name.
(5) For the purposes of this Act, unless the contrary intention appears-
(a) the value of the property of, or of the property of a particular kind of, a married person shall be taken to be 50% of the sum of the value of the property of, or of property of that kind of, the person and the person's spouse; and
(b) the annual rate of the income of a married person shall be taken to be 50% of the sum of the annual rates of income of the person and of the person's spouse.
(5AA) For the purposes of this Act, unless the contrary intention appears, the annual rate of the maintenance income of a married person (other than a person whose spouse is not in receipt of a prescribed pension and does not have maintenance income) shall be taken to be 50% of the sum of the annual rates of the maintenance income of the person and the person's spouse.
(5A) For the purposes of this Act, where a person who is qualified to receive an unemployment benefit or a sickness benefit is a married person whose spouse is not in receipt of a prescribed pension, the value of the property of, or of the property of a particular kind of, the person includes the value of the property of, or of the property of that kind of, the person's spouse.
(6) A reference in this Act to the value of particular property of a person or to the value of a charge or encumbrance on property of a person shall, if the property is owned by the person jointly or in common with another person or persons, be read as a reference to the value of the person's interest in the property or the value of that charge or encumbrance in so far as it relates to the person's interest in that property, as the case may be.
(8) Subject to subsection (8A), where:
(a) a person who would, apart from this subsection, be an unmarried person was formerly a married person;
(b) the person is living in his or her former matrimonial home; and
(c) the person's former spouse is also living in the same home;
the person shall, if the conditions referred to in paragraphs (b) and (c) continue to apply to the person, be treated as a married person for the purposes of this Act after the end of the period commencing on the day (in this subsection called the "commencing day") on which those conditions were first satisfied or 14 May 1987, whichever is the later, and ending:
(d) if the person or the person's former spouse has instituted proceedings for the purpose or partly for the purpose of retaining or acquiring an interest or other right in that home or of obtaining the whole or a part of the proceeds of the sale of that home-52 weeks after the commencing day; or
(e) in any other case-26 weeks after the commencing day.
(8A) Where, immediately before 14 May 1987:
(a) an unmarried person was living in his or her former matrimonial home and the person's former spouse was also living in that home;
(b) the person was in receipt of a pension, benefit or allowance under this Act as an unmarried person; and
(c) the Secretary considers that it would be reasonable for subsection (8) to apply to the person as if the reference in the subsection to 14 May 1987 were a reference to the day on which the Secretary notified or notifies the person of the effect of subsection (8);
the Secretary may make a determination to that effect and, if the Secretary does so, subsection (8) applies in relation to the person in accordance with the determination.
(8B) Subsection (8) does not apply to a person if:
(a) the person is receiving an age pension, an invalid pension, a carer's pension or a sheltered employment allowance;
(b) the person is receiving a rehabilitation allowance in place of such a pension or allowance; or
(c) the person is receiving child disability allowance in respect of a child who was formerly a dependent child of the person and the person's former spouse. (9) For the purposes of subsection (8), a person shall be taken to be living in a particular home notwithstanding a temporary absence from that home.
(10) Notwithstanding any other provision of this Act, but subject to subsection (11), a child shall not be treated, for the purposes of Part IV, V, VI or XIII as a dependent child in relation to a person who is claiming or receiving a pension under Part IV or V, a benefit under Part VI or XIII or an allowance under Part XIV or XVI, as the case may be, unless-
(a) the child is an Australian resident;
(b) the child is living with the person while the person is an Australian resident.
(c) the child had been an Australian resident and is living with the person outside Australia; or
(d) the child had been living with the person in Australia and is living with the person outside Australia.
(11) Notwithstanding any other provision of this Act, a child shall not be treated, for the purposes of determining the maximum rate of special benefit payable to a person, as a dependent child in relation to the person unless:
(a) the child is an Australian resident or a resident of Australia;
(b) the child is living with the person while the person is an Australian resident;
(c) the child had been an Australian resident and is living with the person outside Australia; or
(d) the child had been living with the person in Australia and is living with the person outside Australia.
(13) Where the Secretary is satisfied that payments-
(a) under the Tertiary Education Assistance Scheme or the Secondary Allowance Scheme;
(b) under-
(i) the Veterans' Children Education Scheme;
(ii) the AUSTUDY scheme; or
(iii) the Assistance for Isolated Children Scheme; or
(c) under the Aboriginal Secondary Assistance Scheme or the Aboriginal Study Assistance Scheme,
are being or will be made to or in respect of a student child, other than a child by reference to whom the rate of those payments is increased, the Secretary shall declare that child to be a prescribed student child for the purposes of this Act as from a day specified in the determination, which may be a day before the day on which the determination is made but shall not be a day before-
(d) in a case to which paragraph (a) applies-1 January 1986;
(e) in a case to which paragraph (b) applies-1 January 1987; or
(f) in a case to which paragraph (c) applies-1 January 1988.
(14) Where:
(a) a person who is living with another person of the opposite sex as the spouse of that other person on a bona fide domestic basis although not legally married to that other person; and
(b) either of those persons is under the age of consent applicable in the State or Territory in which those persons are living; neither of those persons shall be treated as a married person for the purposes of this Act.
(15) The rate of a pension, benefit or allowance under this Act payable to a person to whom subsection (14) applies shall not exceed the rate at which it would be payable to the person if the person were married to the other person. *2* Sections 3, 4, 4B, 8, 36, 50, 74, 120, 143 and Schedule 3 are amended by sections 3 (2)-(5),9-20 and Schedule 1 of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988".

*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 4
Calculation of value of property

SECT

4.*2* (1) In calculating the value of the property of a person for the purposes of this Act (other than section 6)-
(a) there shall be disregarded-
(i) if the person is an unmarried person-the value of any right or
interest of the person in relation to the principal home of the person (not being a right or interest of the kind referred to in sub-paragraph (v));
(ii) if the person is a married person-the value of any right or interest
of the person in relation to one residence that is the principal home of the person, of the person's spouse or of both of them (not being a right or interest of the kind referred to in sub-paragraph (v));
(iii) the value of any life interest of the person (not being a life
interest in relation to the principal home of the person, of the person's spouse or of both of them or a life interest created by the person, by the person's spouse or by both of them);
(iv) the value of any annuity (including a superannuation pension) of the
person, except where-
(A) the annuity is able to be disposed of, or a substantial part of the
income under the annuity is or may be deferred; and
(B) the Secretary decides that the annuity should not be disregarded
under this sub-paragraph;
(v) if the residence that is the principal home of the person is a private residence and the person has acquired for valuable consideration, or has retained, a right to accommodation for life in, or a life interest in, that residence-the value of that right or interest;
(vi) the value of any contingent, remainder or reversionary interest of
the person (not being an interest created by the person, by the person's spouse or by both of them);
(vii) the value of any property (not being a contingent, remainder or
reversionary interest) to which the person is entitled from the estate of a deceased person but which has not been, and is not able to be, received;
(viii) the value of any medal or other decoration awarded (whether to the
person or another person) for valour that is owned by the person otherwise than for the purposes of investment or a hobby;
(ix) the value of-
(A) any cemetery plot acquired by the person for the burial of the
person or the person's spouse; and
(B) any funeral expenses paid in advance by the person in respect of the funeral of the person or the person's spouse;
(x) if the person or the person's spouse, or a dependent child of the
person or the person's spouse, is a disabled person-the value of any personal property of the person that is designed for use by a disabled person and any part of the value of the personal property of the person that is attributable to modifications made to that property to enable it to be used by a disabled person;
(xi) if the person is provided with a motor vehicle under the scheme
administered by the Commonwealth known as the gift car scheme-the value of that motor vehicle; and
(xii) if the person has sold a residence that was the principal home of the person on terms and has purchased, also on terms, another residence that is the principal home of the person-so much of the balance due to the person in respect of the sale as will be applied by the person in respect of the purchase of the other residence; and
(b) where a charge or encumbrance, not being an excluded security, exists on particular property of a person, not being property the value of which is disregarded under paragraph (a), the value of that property shall be reduced by the value of that charge or encumbrance.
(2) Where a person sells the principal home of the person and the person is likely, within 12 months, to apply the whole or part of the proceeds of that sale in the acquisition of another residence that is to be the principal home of the person, then, in calculating the value of the property of the person for the purposes of this Act other than section 6, there shall be disregarded during that period so much of the proceeds of that sale as the person is likely to apply in the acquisition of the other residence, and the person shall, during that period, be regarded as a person to whom subparagraph (1) (a) (i) or (ii) applies.
(3) Where a charge or encumbrance (not being a charge arising by virtue of sub-section 5 (6)) exists on property the value of which is disregarded under paragraph (1) (a) and the same charge or encumbrance exists on other property, the amount to be deducted under paragraph (1) (b) is the amount that bears to the value of the charge or encumbrance the same proportion as the value of that other property bears to the value of all the property on which the charge or encumbrance exists.
(4) A reference in this section to the principal home of a person shall be read as including a reference to-
(a) in the case of a dwelling-house-the private land adjacent to the dwelling-house to the extent that that private land, together with the area of the ground floor of the dwelling-house, does not exceed 2 hectares; or
(b) in the case of a flat or home unit-a garage or store-room that is used primarily for private or domestic purposes in association with the flat or home unit.
(5) A reference in sub-section (4) to private land, in relation to a dwelling-house, is a reference to land used primarily for private or domestic purposes in association with that dwelling-house.
(6) For the purposes of this section, where the value of any property of a person or, in the case of a married person, of the person and the person's spouse, that consists of the contents of a principal home and of other personal effects that are used primarily within the principal home, being property that is used primarily for private or domestic purposes, does not exceed $10,000, the value of that property shall be taken to be $10,000 unless the person satisfies the Secretary that the value of that property is less than $10,000.
(7) A reference in sub-paragraph (1) (a) (i), (ii) or (v) to a right or interest of a person in relation to a principal home shall be read as not including a reference to a right or interest that, in the opinion of the Secretary, does not give reasonable security of tenure in relation to that home. (8) A residence of a person shall be taken to continue to be the principal home of a person during-
(a) any period, not exceeding 12 months, during which the person is temporarily absent from that residence; and
(b) any period, not exceeding 2 years, during which the person is-
(i) residing in a benevolent home or in premises at which accommodation
is provided exclusively or principally for persons who have a mental disability; (ii) residing in premises that are-
(A) an approved nursing home for the purposes of the National Health
Act 1953 or the Nursing Homes Assistance Act 1974;
(B) an approved home for the purposes of the Aged or Disabled Persons
Homes Act 1954; or
(C) an approved hostel for the purposes of the Aged or Disabled Persons
Hostels Act 1972;
(iii) a nursing-home type patient, within the meaning of the Health
Insurance Act 1973, of a hospital; or
(iv) residing in premises made available for the accommodation of the
person by an approved organisation providing hostel care services or personal care services to the person for the purposes of Part III of the Aged or Disabled Persons Homes Act 1954.
(9) Sub-section (8), as in force on 21 March 1985, continues to apply in relation to a person to whom paragraph (8) (b) applied on that day as if the reference in that paragraph to 2 years were a reference to 3 years.
(10) For the purpose of paragraph (1) (b), a charge or encumbrance is an excluded security to the extent that-
(a) the charge or encumbrance is a collateral security; or
(b) the charge or encumbrance was given for the benefit of a person who is not a party, or the spouse of a party, to the charge or encumbrance.
(11) Where a person lends an amount after the commencement of this sub-section, the value of the property of the person for the purposes of this Act shall include so much of that amount as remains unpaid but shall not include any amount payable by way of interest under the loan. *2* Sections 3, 4, 4B, 8, 36, 50, 74, 120, 143 and Schedule 3 are amended by sections 3 (2)-(5),9-20 and Schedule 1 of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 4A
Apportionment of capitalised maintenance income

SECT

4A. (1) Capitalised maintenance income of a person shall be taken to be received by the person over the course of the capitalisation period determined under subsections (2) to (5) (inclusive) in relation to the income, and, accordingly, the maintenance income of the person attributable to the capitalised maintenance income during any period (in this subsection called the "relevant period") in the capitalisation period is an amount
calculated in accordance with the formula A X R , where:
C
A is the capitalised maintenance income;
R is the relevant period; and
C is the capitalisation period.
(2) Where:
(a) the capitalised maintenance income is received under or as a result of:
(i) the order of a court; or
(ii) a maintenance agreement registered in, or approved by, a court under
the Family Law Act 1975 or the law of a State or Territory;
(b) the order or agreement specified the period in relation to which the capitalised maintenance income was to be provided; and
(c) the length of the period could be ascertained with reasonable certainty when the order was made or the agreement was so registered or approved; the capitalisation period is, subject to subsection (5), the period specified in the order or agreement.
(3) Where, in a case not falling within subsection (2):
(a) the capitalised maintenance income relates to the maintenance of a dependent child of the person; and
(b) the child has not attained 18 years of age on the day on which the income is received;
the capitalisation period is, subject to subsection (5), the period beginning on the day on which the income is received and ending on the day immediately before the day on which the child attains 18 years of age.
(4) Where, in a case not falling within subsection (2):
(a) the capitalised maintenance income relates to the maintenance of the person by the person's spouse or former spouse; and
(b) the person has not attained 65 years of age on the day on which the income is received;
the capitalisation period is, subject to subsection (5), the period beginning on the day on which the income is received and ending on the day immediately before the day on which the person attains 65 years of age.
(5) Where:
(a) the Secretary considers:
(i) in a case falling within subsection (2) where the period referred to
in that subsection was specified in an order of a court that was made by consent or in a maintenance agreement-that the period is not appropriate in the circumstances of the case; or
(ii) in a case falling within subsection (3) or (4)-that the period
referred to in that subsection is not appropriate in the circumstances of the case; or
(b) no capitalisation period is applicable in relation to the capitalised maintenance income under subsection (2), (3) or (4);
the capitalisation period is such period as the Secretary considers appropriate in the circumstances of the case.

SOCIAL SECURITY ACT 1947 - SECT 4B

SECT

4B.*2* * * * * * *
*2* Sections 3, 4, 4B, 8, 36, 50, 74, 120, 143 and Schedule 3 are amended by sections 3 (2)-(5),9-20 and Schedule 1 of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 5
Pension loans scheme

SECT

5.*3* and *4* (1) In this section-
"exempt property" means property to which paragraph 4 (1) (a) applies;
"relevant interest rate" means such rate as is fixed from time to time by the Minister by notice published in the Gazette;
"relevant property", in relation to a person, means property of the person (other than exempt property)-
(a) that cannot readily be sold or realized; or
(b) that-
(i) the person does not wish to sell or realize; and
(ii) is not property of a kind that the person could reasonably be
expected to sell or realize.

(2) Subject to sub-section (3), where-
(a) a person is in receipt of or is qualified to receive a pension under Part IV or V, a benefit under Part VI or an allowance under Part XIV or XVI;
(b) the annual rate of that pension, benefit or allowance is determined under or by reference to paragraph 33 (12) (b) or 48 (3) (b);
(c) the person is a person who-
(i) has, being a man, attained the age of 65 years or, being a woman,
attained the age of 60 years; or
(ii) is the spouse of a person referred to in sub-paragraph (i);
(d) the property of the person or, if the person is a married person, of the person and the person's spouse consists of or includes relevant property; and
(e) the value of the relevant property of the person or, if the person is a married person, of the person and the person's spouse is not less than 70% of the value of the property (other than exempt property) of the person or of the person and the person's spouse, as the case may be,
the person may, by notice in writing in a form approved by the Secretary lodged with the Department, request that, for the purposes of determining the annual rate of the pension, benefit or allowance payable to the person, the value of the property of the person or of the person and the person's spouse, as the case may be, be disregarded.
(3) Where the value of the property (including exempt property) of a person or, if the person is a married person, of the person and the person's spouse, is less than $100,000, the person is not entitled to make a request under sub-section (2) unless the person includes with the request an election in writing that sub-section (8) not apply to the person.
(4) A request made by a person under sub-section (2) shall be signed by the person and, if the person is a married person, by the person's spouse.
(5) Subject to this section, where-
(a) a request is made by a person in accordance with sub-section (2);
(b) the value of the relevant property of the person or, if the person is a married person, of the person and the person's spouse is not less than 70% of the value of the property (other than exempt property) of the person or of the person and the person's spouse, as the case may be; and
(c) the Secretary is satisfied that the amount of any debt that becomes payable by the person to the Commonwealth under this section is readily recoverable,
the value of the property of the person or of the person and the person's spouse, as the case may be, shall, on and after the first pension pay-day after the request is lodged, be disregarded for the purposes of this Act other than section 69.
(6) Subject to sub-section (8), where sub-section (5) applies or has applied in relation to a person-
(a) the amount (if any), together with interest on that amount at the relevant interest rate, by which the sum of the amount of pension, benefit or allowance paid to the person from time to time and any amount payable by the person under sub-section (11) exceeds the amount (if any) of pension, benefit or allowance that would have been paid to the person if sub-section (5) had not applied in relation to the person, reduced by any amounts repaid to the Commonwealth, is a debt payable by the person to the Commonwealth; and
(b) the property of the person and, if the person is a married person and the person's spouse has signed a request under sub-section (2), of the person's spouse is subject to a charge in favour of the Commonwealth for the purposes of securing the repayment of the debt, but such a charge is not applicable in relation to a bona fide purchaser for value who purchases any of that property without notice of the charge.
(7) Where-
(a) sub-section (5) applies to a person;
(b) the person has not made an election that sub-section (8) not apply to the person; and
(c) the value of the property (including exempt property) of the person or, if the person is a married person, of the person and the person's spouse, ceases to exceed $100,000,
sub-section (5) ceases to apply in relation to the person on and after the first pension pay-day after the occurrence of the event referred to in paragraph (c) unless the person lodges with the Department within 10 weeks after the occurrence of that event an election in writing that sub-section (8) not apply to the person.
(8) An amount is not a debt payable by a person (not being a person who has made an election that this sub-section not apply to the person) to the Commonwealth under paragraph (6) (a) unless the value of the property (including exempt property) of the person or, if the person is a married person, of the person and the person's spouse exceeds $100,000, and the amount of the debt shall not exceed the amount by which the value of that property exceeds $100,000.
(9) Where, by reason of the operation of paragraph (6) (b), a charge is created on any property situated in a State or Territory, the Secretary may lodge with the appropriate officer of the State or Territory a notice of the charge in a form approved by the Secretary, and the person with whom that notice is lodged may register the charge as if the notice were a bill of sale or an instrument of charge or encumbrance duly executed under the laws in force in that State or Territory.
(10) Where, under sub-section (6), there is a charge on the property of a person or of the person and the person's spouse, the person shall, if required by the Secretary to do so, execute an instrument relating to the registration of the charge.
(11) Costs incurred by the Commonwealth that are associated with the registration of a charge on property of a person or of the person's spouse (being a charge under sub-section (6)) or with the registration of the discharge of such a charge are payable by the person.
(12) Subject to sub-sections (13), (14) and (15), where, by reason of the operation of paragraph (6) (b), a charge exists on property of a person or on property of a person and the person's spouse, the Commonwealth is not, unless the Secretary otherwise decides, entitled to enforce the charge or otherwise recover the debt secured by the charge until after-
(a) the death of the person; or
(b) if the person dies and is survived by a spouse to whom a special temporary allowance is payable under section 237-the end of the period during which the special temporary allowance is payable.
(13) Subject to sub-sections (14) and (15), where-
(a) by reason of the operation of paragraph (6) (b), a charge exists on the property of a married person and of the person's spouse; and
(b) the person dies and the spouse-
(i) has the use of that property or part of that property; and
(ii) has, being a man, attained the age of 65 years or, being a woman,
attained the age of 60 years,
the Commonwealth is not entitled to enforce the charge against that property or that part of that property, as the case may be, until after the death of the spouse.
(14) Where-
(a) by reason of the operation of paragraph (6) (b), a charge is created on property of a person; and
(b) any of the property on which the charge exists ceases to be property of the person,
then-
(c) in a case where the property referred to in paragraph (b) was sold or otherwise disposed of by the person-the Secretary may recover from the person out of the proceeds (if any) of the sale or disposal the whole or any part of the debt secured by the charge; and
(d) in a case where the person who is the new owner of the property
referred to in paragraph (b) is not a bona fide purchaser for value without notice of the charge-the Secretary may enforce the charge against that property. (15) Where-
(a) by reason of the operation of paragraph (6) (b), a charge is created on the property of a person or on the property of a person and the person's spouse;
(b) any of the relevant property of the person or the person's spouse ceases to be property of the person or the person's spouse, as the case may be, or the person or the person's spouse acquires property that is not relevant property or exempt property, or the person, being an unmarried person, becomes a married person, or the person, being a married person, ceases to be a married person;
and
(c) as a result of an event referred to in paragraph (b), the value of the relevant property of the person or of the person and the person's spouse is less than 70% of the value of the property (other than exempt property) of the person or of the person and the person's spouse, as the case may be, sub-sections (5), (12) and (13) cease to apply in relation to the person unless the Secretary decides that those sub-sections did not cease, and continue to apply in relation to the person.
(16) Where, in accordance with this section, a charge may be enforced against property of a person, the charge may be enforced against that property, or any part of that property, in such a manner as the Secretary decides. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

*4* S. 5 (1) (formerly S. 6AB (1)), definition of "relevant interest rate"-The rate of interest is 10% per annum (see Gazette No. S181 of 29 May 1985).

SOCIAL SECURITY ACT 1947 - SECT 6
Disposal of income or property

SECT

6.*3* (1) Subject to sub-sections (3), (6) and (7), where, on or after 1 June 1984-
(a) a married person has disposed of property of the person-
(i) during a pension year of the person; or
(ii) if the person is not in receipt of a pension, benefit or allowance of a kind referred to in sub-section (13) but the person's spouse is in receipt of such a pension, benefit or allowance-during a pension year of the person's spouse; and
(b) the amount of that disposition of property, or the sum of that amount and the amounts (if any) of other dispositions of property previously made by the person or the person's spouse during that pension year, exceeds $4,000, then, for the purposes of this Act, there shall be included in the value of the property of the person and in the value of the property of the person's spouse-
(c) 50% of the amount by which the sum of the amount of that first-mentioned disposition of property and of the amounts (if any) of other dispositions of property previously made by the person or the person's spouse during that pension year exceeds $4,000; or
(d) 50% of the amount of that first-mentioned disposition of property, whichever is the lesser amount.
(2) Subject to sub-section (3), where, on or after 1 June 1984-
(a) an unmarried person has, during a pension year of the person, disposed of property of the person; and
(b) the amount of that disposition of property, or the sum of that amount and of the amounts (if any) of other dispositions of property previously made by the person during that pension year, exceeds $2,000,
then, for the purposes of this Act, there shall be included in the value of the property of the person-
(c) the amount by which the sum of the amount of that first-mentioned disposition of property and of the amounts (if any) of other dispositions of property previously made by the person during that pension year exceeds $2,000; or
(d) the amount of that first-mentioned disposition of property, whichever is the lesser amount.

(3) Where an amount (in this sub-section referred to as the "relevant amount") is included in the value of the property of a person under sub-section (1) or (2) by reason of a disposition of property, the amount to be included in that value under that sub-section shall, on each anniversary of the day on which that disposition took place, be reduced by an amount equal to 10% of the relevant amount.

(4) Subject to sub-sections (6) and (7), where, on or after 1 June 1984, a married person has disposed of income of the person, 50% of the amount of that disposition shall, for the purposes of this Act, be included in the income of the person and the income of the person's spouse.

(5) Where, on or after 1 June 1984, an unmarried person has disposed of income of the person, the amount of that disposition shall, for the purposes of this Act, be included in the income of the person.

(6) Where-
(a) an amount is included under sub-section (1) or (4) in the value of the property, or in the income, of a married person and the person's spouse by reason of a disposition of property or of income by the person; and
(b) the person and the person's spouse cease to be married persons in relation to each other,
any amount that was included in the value of the property, or in the income, of the person's former spouse by reason of that disposition shall be included in the value of the property, or in the income, of the person.

(7) Where-
(a) an amount is included under sub-section (1) or (4) in the value of the property, or in the income, of a married person and the person's spouse by reason of a disposition of property or of income by the person; and
(b) the person or the person's spouse dies, then-
(c) in the case of the death of the person-no amount shall be included in the value of the property, or in the income, of the person's spouse by reason of that disposition; or
(d) in the case of the death of the person's spouse-any amount that would, if the person's spouse had not died, be included in the value of the property, or in the income, of the person's spouse by reason of that disposition shall be included in the value of the property, or in the income, of the person.

(8) Where-
(a) a person disposes, on or after 1 June 1984, of property of the person; (b) the course of conduct that constituted that disposition of property
also constituted a disposition of income and the income disposed of is attributable, in whole or in part, to that property; and
(c) either-
(i) no amount is included in the value of the property of the person
under sub-section (1) or (2) by reason of that disposition of property; or
(ii) the amount that is included in the value of the property of the
person under sub-section (1) or (2) by reason of that disposition of property is, in a case to which sub-section (1) applies, less than 50% of the amount of that disposition of property or, in a case to which sub-section (2) applies, less than the amount of that disposition,
then, for the purposes of sub-sections (4) and (5)-
(d) in a case to which sub-paragraph (c) (i) applies-no amount shall be included in the income of a person by reason of that disposition of income; or
(e) in a case to which sub-paragraph (c) (ii) applies-an amount to be included in the income of a person by reason of that disposition of income shall be calculated disregarding so much of the amount of that disposition of income as the Secretary decides to be attributable to that part of the amount of that disposition of property that is not included in the value of the property of a person under sub-section (1) or (2).

(9) This section does not apply to a disposition of property or of income that took place-
(a) more than 5 years before the time when-
(i) the person who disposed of that property or income; or
(ii) if that person was, at the time when that disposition took place, a
married person-the person's spouse,
became qualified or eligible to receive a pension under Part IV or V, a
benefit under Part VI, an allowance under Part IX or XIV or a rehabilitation allowance under Part XVI; or
(b) less than 5 years before the time referred to in paragraph (a) and before the time when the Secretary is satisfied that the person who disposed of that property or income could reasonably have expected that the person or the person's spouse would become qualified or eligible to receive such a pension, benefit or allowance.

(10) For the purposes of this section, a person shall be taken to have disposed of property of the person if the person engages in a course of conduct that diminishes, directly or indirectly, the value of the property of the person where-
(a) the person receives no consideration, or inadequate consideration, in money or money's worth; or
(b) the Secretary is satisfied that the purpose, or the dominant purpose, of the person in engaging in that course of conduct was-
(i) to obtain or enable the person's spouse to obtain a prescribed
pension;
(ii) to obtain or enable the person's spouse to obtain a prescribed
pension at a higher rate than that for which the person or the person's spouse would otherwise have been eligible; or
(iii) to ensure that the person or the person's spouse would not be a
prescribed person for the purposes of section 69 of this Act or section 82 of the Veterans' Entitlements Act 1986,
and the amount of that disposition of property shall be taken to be an amount equal to the amount of the diminution in the value of that property reduced by the consideration (if any) received by the person in respect of that disposition.

(11) For the purposes of this section, a person shall be taken to have disposed of income of the person if the person engages in a course of conduct that diminishes, directly or indirectly, the rate of income of the person where- (a) the person receives no consideration, or inadequate consideration, in money or money's worth; or
(b) the Secretary is satisfied that the purpose, or the dominant purpose, of the person in engaging in that course of conduct was-
(i) to obtain or enable the person's spouse to obtain a prescribed
pension;
(ii) to obtain or enable the person's spouse to obtain a prescribed
pension at a higher rate than that for which the person or the person's spouse would otherwise have been eligible; or
(iii) to ensure that the person or the person's spouse would not be a
prescribed person for the purposes of section 69 of this Act or section 82 of the Veterans' Entitlements Act 1986,
and the amount of that disposition of income shall be taken to be the amount that, in the opinion of the Secretary, is the annual rate of that diminution reduced by such percentage of the consideration (if any) received by the person in respect of that disposition as the Secretary decides to be fair and reasonable in all the circumstances of the case.

(12) For the purposes of sub-sections (10) and (11), the value of a right or interest of the kind referred to in sub-paragraph 4 (1) (a) (v) of a person shall be deemed not to be consideration received by the person.

(13) A reference in this section to a pension year, in relation to a person who is receiving a prescribed pension or an allowance under Part IX, is a reference to:
(a) in a case where the person is a married person and the person and the person's spouse were, immediately before they became married persons, receiving such a pension, benefit or allowance-the period of 12 months commencing on the day on which they became married persons;
(b) in a case (not being a case referred to in paragraph (a)) wherethe person is a married person and the person's spouse is receivingsuch a pension, benefit or allowance-the period of 12 monthscommencing on the day on which such a pension, benefit or allowance first became payable to the person or to the person's spouse, whichever was the earlier; or
(c) in any other case-the period of 12 months commencing on the day on which such a pension, benefit or allowance first became payable,
and to each succeeding and each preceding period of 12 months.

(14) The lending of money after the commencement of this sub-section is not a disposition of property for the purposes of this section.

(15) For the purposes of the application of this section to Part XIII, references in this section to 1 June 1984 shall be read as references to 14 May 1987.

(16) For the purposes of the application of this section to Part IX, references in this section to 1 June 1984 shall be read as references to 15 May 1988. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 7
Financial hardship

SECT

7.*3* and *5* (1) Where-
(a) the annual rate of a pension under Part IV or V, a benefit under Part VI or an allowance under Part XIV or XVI payable to a person is calculated under or by reference to paragraph 33 (12) (b) or 48 (3) (b), or a benefit under Part XIII is not payable to a person because of the application of subsection 122 (10), being a person who is not receiving and is not eligible to apply for and whose spouse is not receiving and is not eligible to apply for payments made available by the Commonwealth by way of income support where the payments are made or calculated at a rate not less than the rate of unemployment benefit that would be applicable to the person if the person were eligible to receive such a benefit;
(b) section 6 does not apply in relation to the person or the Secretary decides that the application of section 6 in relation to the person should, for the purposes of this section, be disregarded;
(c) in the case of a person who is not qualified to receive an unemployment benefit or a sickness benefit-any of the property of the person or, if the person is a married person, of the person and the person's spouse, is property that-
(i) the person or the person's spouse cannot sell or realize or could not reasonably be expected to sell or realize; and
(ii) the person or the person's spouse cannot use as security for
borrowing or could not reasonably be expected to use as security for borrowing;
(ca) in the case of a person who is qualified to receive an unemployment benefit or a sickness benefit-any of the property of the person or, if the person is a married person, of the person and the person's spouse, is property that the person or the spouse cannot sell or realise and cannot use as security for borrowing;
(d) the person lodges with the Department, in a form approved by the Secretary, a request that this section apply in relation to the person; and
(e) the Secretary is satisfied that the person would suffer severe financial hardship if this section did not apply in relation to the person;
the Secretary shall determine that this section applies in relation to the person.
(2) A decision under subsection (1) takes effect:
(a) on the day on which the request under paragraph (1) (d) was lodged with the Department; or
(b) if the Secretary so decides in the special circumstances of the case-on a day not more than 6 months before the day referred to in paragraph (a).

(3) Subject to sub-sections (4) and (6), where this section applies in relation to a person (other than a person who is qualified to receive a benefit under Part XIII), the annual rate of the pension, benefit or allowance payable to the person shall, notwithstanding section 33 or 48, be determined in the following manner:
(a) the value of any of the property of the person and, if the person is a married person, of the person's spouse, that is property referred to in paragraph (1) (c) shall be disregarded;
(b) there shall be deducted from the maximum annual rate of pension, benefit or allowance that would be payable to the person apart from the operation of sub-section 33 (7) or (12) or 48 (3), as the case requires (in this section referred to as the "maximum rate"), an amount per annum equal to the sum of-
(i) the annual rate of income of the person (other than income from
property of the person or of the person's spouse that is not property referred to in paragraph (1) (c) or property to which paragraph 4 (1) (a) applies); and
(ii) an amount per annum equal to $26 for each $250 of the value of the
property of the person (other than property referred to in paragraph (1) (c) or property to which paragraph 4 (1) (a) applies).

(3A) Subject to subsections (4A) and (5), where this section applies to a person who is qualified to receive a benefit under Part XIII, the weekly rate of the benefit shall, notwithstanding section 122, be determined in the following manner:
(a) the value of the property of the person that is property referred to in paragraph (1) (c) shall be disregarded;
(b) there shall be deducted from the weekly rate of the benefit that would be payable to the person apart from the operation of section 122 an amount per week equal to the sum of:
(i) the weekly rate of income of the person (other than income from
property of the person that is not property referred to in paragraph (1) (c) or property to which paragraph 4 (1) (a) applies); and
(ii) an amount per week equal to 50 cents for each $250 of the value of
the property of the person (other than property referred to in paragraph (1) (c) or property to which paragraph 4 (1) (a) applies).

(4) Where:
(a) the amount per annum of the reduction under subsection (3) in the maximum annual rate of pension, benefit (other than a benefit under Part XIII) or allowance applicable to a person in respect of property of the person or the person's spouse that is property referred to in paragraph (1) (c) is less than the lesser of the following amounts per annum:
(i) the amount per annum equal to 2.5% of the value of that property;
(ii) the amount per annum that could reasonably be expected to be obtained from a purely commercial application of that property; or
(b) there is no reduction under subsection (3) in respect of that property; the maximum annual rate of pension, benefit or allowance applicable to the person shall:
(c) in a case to which paragraph (a) applies-be further reduced by the difference between that first-mentioned reduction and that lesser amount per annum; or
(d) in a case to which paragraph (b) applies-be reduced by that lesser amount per annum.

(4A) Where:
(a) the amount per week of the reduction under subsection (3A) in the maximum weekly rate of a benefit under Part XIII applicable to a person in respect of property of the person or the person's spouse that is property referred to in paragraph (1) (c) is less than the lesser of the following amounts per week:
(i) the amount per week equal to one fifty-second of 2.5% of the value of that property;
(ii) one fifty-second of the amount per annum that could reasonably be
expected to be obtained from a purely commercial application of that property; or
(b) there is no reduction under subsection (3A) in respect of that property; the maximum weekly rate of benefit applicable to the person shall:
(c) in a case to which paragraph (a) applies-be further reduced by the difference between that first-mentioned reduction and that lesser amount per week; or
(d) in a case to which paragraph (b) applies-be reduced by that lesser amount per week.

(5) Where-
(a) a person has disposed of property and section 6 applies to the disposition; and
(b) the Secretary has made a determination under paragraph (1) (b) in relation to the disposition, sub-sections (3), (3A) and (4) apply to the person as if the person had not disposed of the property.

(6) Where:
(a) the sum of the annual rate of pension, benefit or allowance that would, apart from this subsection, be payable to a person (other than a person who is in receipt of an unemployment benefit or a sickness benefit) and the annual rate of income of the person exceeds the maximum rate; or
(b) the sum of the weekly rate of benefit that would, apart from this subsection, be payable to a person who is in receipt of an unemployment benefit or a sickness benefit and the weekly rate of income of the person exceeds the applicable rate;
the rate so payable shall be reduced by the amount per annum of the excess. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

*5* S. 7-The Social Security and Veterans' Entitlements Amendment Bill (No. 2) 1987 was assented to on 16 December 1987. To ensure passage of the Bill the Minister for Social Security on behalf of the Government made the following undertaking with respect to the pensions asset test hardship provisions:
"GOVERNMENT'S UNDERTAKING IN PARLIAMENT CONCERNING AMENDMENTS TO THE 2.5 PER CENT RULE.
'In moving this amendment I undertake that:
. where a farm is being operated by a family member of the pensioner (for example-the child of a pensioner) and it is not reasonable to expect that farm to be used for another purpose;
The provision as amended will be administered so that the overall financial situation of the family member will be taken into account in determining what rent, if any, that family member could reasonably be expected to pay.'
The effect of the amendment will be that in these cases where the amount that could be reasonably expected to be obtained from the commercial application of the property in question is less than 2.5 per cent of the value of the property-the 2.5% need not apply.".

SOCIAL SECURITY ACT 1947 - SECT 8
Pension reduction amounts

SECT

8.*2* and *3* A pension reduction amount is applicable to a person who is qualified to receive a pension under Part IV or V or a benefit under Part VI or Part XIII where the value of the property of the person exceeds by not less than $250-
(a) in the case of an unmarried person to whom sub-paragraph 4 (1) (a) (i) applies-$75,750;
(b) in the case of any other unmarried person-the amount referred to in paragraph (a) increased by twice the difference between the amount referred to in paragraph (d) and the amount referred to in paragraph (c);
(c) in the case of a married person to whom sub-paragraph 4 (1) (a) (ii) applies-$54,000; or
(d) in the case of any other married person-$81,250, and the amount of that pension reduction amount is an amount equal to that excess (disregarding any part of that excess that is not a multiple of $250). *2* Sections 3, 4, 4B, 8, 36, 50, 74, 120, 143 and Schedule 3 are amended by sections 3 (2)-(5),9-20 and Schedule 1 of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988".

*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 9
Indexation

SECT

9. (1) In this section-
"index number", in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;
"relevant amount" means the amount specified in paragraph 8 (a), (c) or (d) or 69 (4) (a) or (c);
"relevant year" means the period of 12 months commencing on 12 June 1987 and each subsequent period of 12 months.

(2) Subject to sub-section (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.

(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to the index number published in terms of the new reference base.

(4) Where the factor ascertained under sub-section (5) in relation to a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor-
(a) in a case to which paragraph (b) does not apply-the relevant amount; or
(b) if, by virtue of another application or other applications of this section, this Act has effect as if another amount or amounts were substituted for that relevant amount-the substituted amount or the last substituted amount.

(5) The factor to be ascertained for the purposes of sub-section (4) in relation to a relevant year is the number (calculated to 3 decimal places) ascertained by dividing the index number for the December quarter immediately preceding that relevant year by the index number for the December quarter immediately preceding that first-mentioned December quarter.

(6) Where the factor ascertained in accordance with sub-section (5) in relation to a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained in accordance with that sub-section in relation to that relevant year shall be taken to be the factor calculated to 3 decimal places in accordance with that sub-section and increased by 0.001.

(7) Where this Act would have effect in relation to a relevant year as if an amount were substituted for each relevant amount, being an amount that is not a multiple of $250, then, for the purposes of paragraph (4) (b)-
(a) in a case where that amount is a multiple of $125-that amount shall be increased by $125; or
(b) in any other case-that amount shall be increased or reduced to the nearest multiple of $250.

SOCIAL SECURITY ACT 1947 - SECT 10
Certain persons to be disregarded for certain purposes

SECT

10.*3* (1) For the purposes of determining whether a pension (not being a carer's pension), benefit or allowance is payable, or may continue to be payable, to a person under this Act or of calculating the rate or amount of a pension, benefit or allowance under this Act, no regard shall be had to another person (not being the spouse of the first-mentioned person) who is in receipt of a pension under Part IV or V, a benefit under Part VI or XIII or a rehabilitation allowance under Part XVI (in this section referred to as a "relevant pension").
(2) A family allowance under Part X is not payable to an institution in respect of a person who is an inmate of the institution if the person is in receipt of a relevant pension.
(3) Sub-section (1) does not apply in relation to-
(a) a family allowance, double orphan's pension or handicapped child's allowance that was payable to a person immediately before 1 November 1984 where that person has continued to receive that family allowance, double orphan's pension or handicapped child's allowance (or child disability allowance) since that date; or
(b) a pension, benefit or allowance under this Act (other than a pension or allowance referred to in paragraph (a)) or a mobility allowance or a service pension under the Repatriation Act 1920 that was payable to a person immediately before 1 November 1984 where that person has continued to receive such a pension, benefit or allowance since that date,
in so far as sub-section (1) would, in relation to another person who is receiving a relevant pension, affect the qualification or eligibility of the person referred to in paragraph (a) or (b) for a pension, benefit or allowance or the rate of such a pension, benefit or allowance if-
(c) a relevant pension was payable to that other person immediately before 1 November 1984; and
(d) that other person has continued to receive a relevant pension since that date.
(4) The reference in paragraph (3) (b) to a service pension under the Repatriation Act 1920 that a person has continued to receive since 1 November 1984 shall, on and after the date of commencement of the Veterans' Entitlements Act 1986, be read as a reference to such a pension that the person continued to receive during the period from and including 1 November 1984 to and including the day immediately before that date of commencement and that the person has continued to receive on and after that date of commencement as if that pension were a service pension, a wife's service pension or a carer's service pension, as the case requires, granted under Part III of the Veterans' Entitlements Act 1986.
(5) Sub-section (2) does not apply in relation to a family allowance or double orphan's pension payable to an institution where that allowance or pension-
(a) was granted (whether before or after 1 November 1984) in respect of a person who became an inmate of the institution before that date;
(b) has not ceased to be payable since that date; and
(c) is payable in respect of a person-
(i) to whom a relevant pension was payable immediately before that date;
and
(ii) who has continued to receive a relevant pension since that date.
*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 11
Certain persons deemed to continue to receive full time education

SECT

11.*6* Where-
(a) a person who is under the age of 25 years and who is receiving full-time education at a school, college or university ceases to receive such a full-time education; and
(b) an unemployment benefit is not payable to the person during a period because of the operation of section 127;
the person shall, for the purposes of the application of the provisions of this Act other than sections 116, 117, 127 and 136, be deemed to be receiving full-time education at a school, college or university during the period referred to in paragraph (b). *6* S. 11 (formerly S. 6B)-Paragraph 8 (d) of the Social Security Amendment Act 1987 provides as follows:
"(d) by omitting 'sections 120A and 133' and substituting 'section 120A'.".
The proposed amendment was misdescribed and is not incorporated in this
reprint.

SOCIAL SECURITY ACT 1947 - SECT 12
External Territories

SECT

12.*3* (1) This Act extends to the Territory of Cocos (Keeling) Islands and to the Territory of Christmas Island.
(2) A reference in-
(a) Division 2 (other than section 26) or Division 3 of Part IV;
(b) Division 2 of Part V; or
(c) Part VI,
to a period of residence in Australia shall be read as including a reference to a period of residence in an area that was, at the time of residence, an external Territory, other than Norfolk Island.
(4) For the purposes of Part IV and sub-section 44 (1), continuity of residence of a claimant in Australia shall be deemed not to have been interrupted by absence of the claimant in an external Territory.
(7) In paragraph 62 (1) (a), a reference to a person who was formerly an Australian resident and who again becomes an Australian resident shall be read as including a reference to a person who-
(a) formerly resided in an area that was, at the time of the residence, an external Territory;
(b) has never resided in Australia; and
(c) has arrived in Australia. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 12A
Earnings credit

SECT

12A. (1) In this section:
"annual permissible income", in relation to a person, means:
(a) the annual rate specified in paragraph 33 (12) (a) or 48 (3) (a) that
is applicable to the person; or
(b) if the person has a dependent child or children-the rate referred to
in paragraph (a) increased by the annual rate applicable to the person under subsection 35 (1) or 49 (1);
"annual rate of income", in relation to a person who is receiving a pension the rate of which is calculated under or by reference to Part IV or V, means the annual rate of income of the person for the purposes of those Parts calculated without regard to subsection 35 (1) and paragraph 49 (1) (a);
"credit amount", in relation to a person whose annual permissible income in a particular week ending on a Wednesday exceeds the person's annual rate of income in that week, means one fifty-second of an amount equal to that excess;
"earnings credit", in relation to a person who is receiving a pension, in relation to the week commencing on 5 November 1987 and in relation to each succeeding week, means:
(a) in the case of a person who is receiving a pension on
4 November 1987:
(i) in relation to the week commencing on 5 November 1987-the sum of
the credit amounts (if any) in relation to the person calculated from 1 January 1987 or from the day on which the person commenced to receive the pension, whichever is the later; or
(ii) in relation to each later week-the amount of the earnings credit
(if any) of the person for the preceding week increased, if there is a credit amount in relation to the person for that later week, by that credit amount or decreased, if subsection (3) applied to the person in that later week, by the amount by which the person's earnings credit was reduced under that subsection in that later week;
or $1,000, whichever is the lesser amount; or
(b) in the case of a person who commences to receive a pension after 4
November 1987:
(i) in relation to the week in which the person commences to receive
the pension-the credit amount (if any) of the person for that week; or
(ii) in relation to each later week-the amount of the earnings credit
(if any) of the person for the preceding week increased, if there is a credit amount in relation to the person for that later week, by that credit amount or decreased, if subsection (3) applied to the person in that later week, by the amount by which the person's earnings credit was reduced under that subsection in that later week;
or $1,000, whichever is the lesser amount;
"pension" means a prescribed pension under this Act, other than a carer's pension or a benefit under Part XIII.

(2) For the purposes of the definition of "earnings credit" in subsection (1):
(a) where:
(i) a person was, immediately before becoming entitled to receive a
pension, receiving a payment under Part III of the Veterans' Entitlements Act 1986; and
(ii) the person had an earnings credit under section 49B of that Act at
that time;
the earnings credit shall be treated as if it were an earnings credit under
this section; and
(b) where a person who has ceased to be qualified to receive a pension again becomes entitled to receive a pension, no account shall be taken of any earnings credit of the person before the person again became so entitled.

(3) Where:
(a) there is an earnings credit in relation to a person (not being a person to whom subsection 33 (15) or (16) applies);
(b) the person becomes entitled to a payment for remunerative work undertaken by the person during a particular week; and
(c) in that week, the annual rate of income of the person exceeds the annual permissible income of the person;
the person shall be taken, for the purposes of sections 33 and 48 and Part VIII, not to have received so much of the payment referred to in paragraph (b) as does not exceed the person's earnings credit and the earnings credit shall be reduced accordingly.

SOCIAL SECURITY ACT 1947 - DIVISION 2
Division 2-Investment Income

SOCIAL SECURITY ACT 1947 - SECT 12B
Interpretation etc.

SECT

12B. (1) In this Division, unless the contrary intention appears:
"accruing return investment" means an arrangement by a person that consists of or includes an investment of money, being an investment:
(a) that produces:
(i) a fixed rate or quantifiable rate of return, whether or not that
rate varies from time to time; or
(ii) a rate of return that may be reasonably approximated; and
(b) the value of which from time to time is unlikely to decrease as a
result of market changes;
"approved deposit fund" means a fund that is an approved deposit fund for the purposes of Subdivision AA of Division 2 of Part III of the Assessment Act;
"Assessment Act" means the Income Tax Assessment Act 1936;
"deferred annuity" means an annuity that is a deferred annuity for the purposes of Subdivision AA of Division 2 of Part III of the Assessment Act;
"determination of entitlement", in relation to a person, means a determination:
(a) whether the person is qualified to receive a pension, benefit or
allowance under this Act; or
(b) of the rate at which a pension, benefit or allowance under this Act is payable to the person;
"eligible investment" means an investment that satisfies all of the following conditions:
(a) money or property invested is paid or transferred by the investor
directly or indirectly to a body corporate or into a trust fund;
(b) the assets that represent money or property invested (in this
definition called the "investment assets") are held otherwise than in the names of investors;
(c) the investor does not, either alone or jointly with a relative or
relatives of the investor, have effective control over the management of the investment assets;
(d) the investor has a legally enforceable right to share in any
distribution of the income or profits derived from the investment assets;
"friendly society" means:
(a) a society registered as a friendly society under a law in force in a
State or Territory; or
(b) a society that had, before 13 December 1987, been approved for the
purpose of the definition of "friendly society" in subsection 115 (1);
and, for the purpose of the definition of "market-linked investment" in
this subsection, includes a society that has been approved for the purpose of the definition of "friendly society" in subsection 115 (1) on or after 13 December 1987;
"fund manager", in relation to an investment product, means the person or body specified, in relation to that investment product, in a notice under subsection (2);
"investment product" means a class of market-linked investments specified in a notice under subsection (2);
"market-linked investment" means:
(a) an investment in:
(i) an approved deposit fund;
(ii) a deferred annuity;
(iii) a public unit trust; or
(iv) an insurance bond;
(b) an investment with a friendly society; or
(c) an eligible investment other than an investment referred to in
paragraph (a) or (b);
not being:
(d) an accruing return investment; or
(e) an investment consisting of the acquisition of real property, stock or shares;
"public unit trust" means a unit trust that:
(a) except where paragraph (b) applies-was, in relation to the unit
trust's last year of income, a public unit trust for the purposes of Division 6B of Part III of the Assessment Act; or
(b) where the first year of income of the unit trust has not yet
finished-has, at some time since the trust was established, satisfied at least one of the paragraphs of subsection 102G (1) of the Assessment Act;
"return", in relation to an investment, means any increase, whether of a capital or income nature and whether or not distributed, in the value or amount of the investment;
"statutory rate of return" means 11% per annum or such lower percentage per annum as is specified in a notice in force under subsection 12E (1).

(2) The Secretary, by notice in writing published in the Gazette:
(a) may specify a class of market-linked investments that constitute an investment product; and
(b) shall, in relation to each investment product so identified, specify a person or body for the purposes of the definition of "fund manager" in subsection (1).

(3) Where the value or amount at a particular time of a market-linked investment included in an investment product is equal to or less than the value or amount of that market-linked investment 12 months previously, the annual rate of return at that first-mentioned time for market-linked investments included in that investment product shall be taken for the purposes of a determination under this Act to be 0%.

(4) A reference in this Division to the Secretary refusing, on application under subsection 12F (2), to make a determination under subsection 12F (1) does not include a reference to the Secretary refusing, pursuant to subsection 12F (11), to consider such an application.

SOCIAL SECURITY ACT 1947 - SECT 12C
Accruing return investments

SECT

12C. (1) Where a person has made, or makes, whether before, on or after 13 December 1987, an accruing return investment, being an investment to which subsections (2) and (3) do not apply, the person shall, for the purposes of this Act, be taken to receive the current annual rate of return on that investment as income of the person from the day on which that investment was made.

(2) Where a person makes, on or after 1 January 1988, an accruing return investment:
(a) with a friendly society; or
(b) of a kind where a return is not available until the end of a period of at least 12 months after that investment was made or until realisation of that investment;
the person shall, for the purposes of this Act, be taken to receive the current annual rate of return on that investment as income of the person from the day on which that investment was made.

(3) Where a person has made, at any time before 1 January 1988, an accruing return investment:
(a) with a friendly society; or
(b) of a kind where a return is not available until the end of a period of at least 12 months after that investment was made or until realisation of that investment;
and the person becomes entitled to receive an amount by way of a return on that investment, the person shall, for the purposes of this Act, be taken to receive one fifty-second of that amount as income of the person during each week in the period of 12 months commencing on the day on which the person becomes entitled to receive that amount.

(4) For the purposes of this section, the current annual rate of return on an investment of the kind referred to in subparagraph (a) (ii) of the definition of "accruing return investment" in section 12B is a reasonable approximation of that rate of return.

(5) A reference in subsection (3) to a person becoming entitled to receive an amount includes a reference to the person becoming entitled to receive an amount under an arrangement of the kind referred to in the definition of "accruing return investment" in section 12B to the extent that subsection (1) or (2) does not apply to that entitlement.

SOCIAL SECURITY ACT 1947 - SECT 12D
Market-linked investments

SECT

12D. (1) Where, on or after 9 September 1988, a person makes a market-linked investment, the person shall, for the purposes of this Act, be taken to receive the product rate of return on that investment as income of the person from:
(a) the day on which that investment was made; or
(b) the commencement of this section;
whichever is later.

(2) For the purposes of this Division, the product rate of return on a market-linked investment is:
(a) except where paragraph (b) applies-the statutory rate of return for that investment; or
(b) if a determination by the Secretary under subsection 12F (1) is in force in relation to that investment-the percentage per annum specified in that determination.

SOCIAL SECURITY ACT 1947 - SECT 12E
Statutory rate of return for market-linked investments

SECT

12E. (1) The Minister may from time to time, by notice in writing, determine a rate of return for market-linked investments that is less than 11% but not less than 0% per annum.

(2) A notice by the Minister under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

SOCIAL SECURITY ACT 1947 - SECT 12F
Secretary may determine rate of return for market-linked investments

SECT

12F. (1) Where the Secretary is satisfied, either on application made under subsection (2) or otherwise, that the current annual rate of return on market-linked investments included in an investment product is less than the statutory rate of return on those market-linked investments, the Secretary shall determine the current annual rate of return on market-linked investments included in that investment product.

(2) An application for a determination of the current annual rate of return on market-linked investments included in an investment product may be made in writing by:
(a) the fund manager in relation to the investment product; or
(b) a natural person who holds a market-linked investment included in the investment product.

(3) Where the Secretary:
(a) is considering an application under subsection (2) in relation to an investment product; or
(b) otherwise than on application under subsection (2), proposes to make a determination under subsection (1) in relation to an investment product;
the Secretary shall notify the fund manager, in writing, accordingly.

(4) In making a determination under subsection (1) of a current annual rate of return on market-linked investments included in that investment product, the Secretary shall have regard to all information that is available to the Secretary about the return (if any) on those market-linked investments during the immediately preceding period of 12 months.

(5) A determination by the Secretary under subsection (1) comes into force, or shall be taken to have come into force:
(a) except where paragraph (b) applies-on the date of the determination; or
(b) where the determination is made on application under subsection (2)-on the day when the application was received by the Secretary.

(6) The Secretary shall cause a determination made under subsection (1) to be notified in the Gazette, but a failure to do so does not invalidate the determination.

(7) The Secretary may revoke a determination under subsection (1) of the current annual rate of return on market-linked investments included in an investment product if and only if the Secretary ceases to be satisfied that the current annual rate of return on those investments is lower than the statutory rate of return on those investments.

(8) Where the Secretary:
(a) makes or revokes a determination under subsection (1) in relation to an investment product; or
(b) on application under subsection (2), refuses to make a determination under subsection (1) in relation to an investment product;
the Secretary shall give notice in writing accordingly to the fund manager in relation to that investment product.

(9) A determination by the Secretary under subsection (1) in relation to an investment product remains in force until:
(a) the Minister determines a new rate of return under section 12E that is lower than the rate of return provided for by the Secretary's determination;
(b) a new determination by the Secretary under subsection (1) in relation to that investment product comes into force; or
(c) the determination is revoked by the Secretary under subsection (7); whichever happens first.

(10) Subsection (11) applies in relation to an investment product where:
(a) on application under subsection (2), the Secretary has made or refused to make a determination under subsection (1) in relation to the investment product; or
(b) in any other case, the Secretary has made a determination under subsection (1) in relation to the investment product.

(11) Where this subsection applies in relation to an investment product, the Secretary is not required to consider any application made in relation to that investment product that is made:
(a) within the period of 3 months after the making of the application referred to in paragraph (10) (a), or of the determination referred to in paragraph (10) (b), as the case requires; or
(b) if, within that period of 3 months, the Minister determines a new rate of return as mentioned in paragraph (9) (a) in relation to that investment product-within the period of 3 months after the date of the Minister's determination.

SOCIAL SECURITY ACT 1947 - SECT 12G
Special provisions about certain investments made before 9 September 1988

SECT

12G. (1) Where:
(a) before 9 September 1988, a person has made a market-linked investment; and
(b) under an agreement made before 9 September 1988, dividends payable to the person in respect of that investment are not paid to the person directly but are invested in the person's name in market-linked investments included in the same investment product;
any market-linked investment arising from the investment of a dividend pursuant to that agreement on or after 9 September 1988 shall, for the purposes of this Division, be taken to have been made before 9 September 1988.

(2) Subsections (3) and (4) apply where, at any time after 9 September 1988:
(a) a person held, or holds, 2 or more market-linked investments included in the same investment product;
(b) at least one of the investments was made before 9 September 1988 and at least one of the investments was made on or after that day; and
(c) the person disposed, or disposes, of any of those investments.

(3) If the amount received in respect of the disposal is or was greater than or equal to:
(a) the value or amount, at the time of the disposal, of the investment made before 9 September 1988; or
(b) the sum of the values or amounts, at the time of the disposal, of the investments made before 9 September 1988;
as the case requires, the person shall, for the purposes of this Division, be taken to have disposed of the whole of that investment or those investments.

(4) If the amount received in respect of the disposal (in this subsection called the "disposal amount") is or was less than:
(a) the value or amount, at the time of the disposal, of the investment made before 9 September 1988; or
(b) the sum of the values or amounts, at the time of the disposal, of the investments made before 9 September 1988;
as the case requires, the person shall, for the purposes of this Division, be taken to have disposed of so much of that investment or those investments as is equal to the disposal amount.

SOCIAL SECURITY ACT 1947 - SECT 12H
Conversion of certain investments

SECT

12H. (1) Where an investment that was not an accruing return investment (in this subsection called the "original investment") is converted into an accruing return investment, whether or not it was able to be so converted because of a provision of the agreement relating to the making of the original investment, then, for the purposes of this Division:
(a) the accruing return investment shall be taken to have been made on the day the original investment was so converted; and
(b) the original investment shall be taken to have been realised on that day.

(2) Where an investment that was not a market-linked investment (in this subsection called the "original investment") is converted into a market-linked investment, whether or not it was able to be so converted because of a provision of the agreement relating to the making of the original investment, then, for the purposes of this Division:
(a) the market-linked investment shall be taken to have been made on the day the original investment was so converted; and
(b) the original investment shall be taken to have been realised on that day.

SOCIAL SECURITY ACT 1947 - SECT 12J
Determinations of entitlement of persons holding market-linked investments

SECT

12J. (1) When a determination of entitlement is made in relation to a person who has a market-linked investment that was made on or after 9= September 1988, the Secretary shall:
(a) make that determination having regard to the current product rate of return for that market-linked investment; and
(b) re-assess the rate at which pension, benefit or allowance under this Act should have been payable to the person in respect of any period since the immediately preceding determination of the person's entitlement during which the product rate of return for that market-linked investment was less than the product rate of return that was used for the purposes of that immediately preceding determination of entitlement.

(2) Where, under paragraph (1) (b), the Secretary re-assesses the rate at which pension, benefit or allowance under this Act should have been payable to a person in respect of a period, there is payable to the person the amount worked out using the formula:
A1-A2
where:
A1 is the amount of pension, benefit or allowance that should have been payable to the person in respect of the period;
A2 is the amount of that pension, benefit or allowance that was paid to the person in respect of the period.

SOCIAL SECURITY ACT 1947 - SECT 12K
Treatment of costs of investments

SECT

12K. (1) Where, under another provision of this Division, a person is to be taken to receive a rate of return on an investment as income, the amount that the person is taken to receive shall, during each week in the period of 12 months after the day from which the person is to be taken to receive a rate of return on the investment as income, be reduced by one fifty-second of the total amount of the investment costs.

(2) Subsection (1) does not apply in respect of investment costs incurred in respect of investments made before 9 September 1988.

(3) In this section:
"investment costs", in relation to an investment made by a person, means such reasonable costs as would be required to be paid by any person making an identical investment as a condition of being permitted to make that investment.

SOCIAL SECURITY ACT 1947 - SECT 12L
Certain capital amounts taken to be received over 12 months

SECT

12L. (1) Where a person becomes entitled, whether before or after the commencement of this section, to receive an amount of income, being an amount of a capital nature but not being:
(a) income from remunerative work undertaken by the person;
(b) a return from an accruing return investment; or
(c) a return from a market-linked investment made on or after 9= September 1988;
the person shall, for the purposes of this Act, be taken to receive one fifty-second of that amount as income of the person during each week in the period of 12 months commencing on the day on which the person becomes entitled to receive that amount.

(2) A reference in subsection (1) to a person becoming entitled to receive an amount includes a reference to the person becoming entitled to receive an amount under an arrangement of the kind referred to in the definition of "accruing return investment" in section 12B to the extent that subsection 12C (1) or (2) does not apply to that entitlement.

SOCIAL SECURITY ACT 1947 - SECT 12M
Operation of Part XIX

SECT

12M. (1) For the purposes of Part XIX, the fund manager in relation to an investment product shall be taken to be a person affected by a rate of return decision in relation to the investment product.

(2) Sections 173, 174 and 175 do not apply in relation to a rate of return decision.

(3) Where an application is made to the Social Security Appeals Tribunal under section 177 for review of a rate of return decision, being an application by a person other than the fund manager in relation to the investment product concerned, the National Convener shall give written notice to the fund manager of the making of that application.

(4) In spite of anything in this Act, a person is not entitled to apply to the Social Security Appeals Tribunal for review of a rate of return decision more than 3 months after the decision came into force.

(5) A person who applies to the Social Security Appeals Tribunal for review of a rate of return decision when an application has already been made to that Tribunal for review of that decision but before the review has been determined shall be taken to have applied to the National Convener under section 181 to be made a party to the review.

(6) Section 183 does not apply in relation to a decision by the Social Security Appeals Tribunal where the decision under review was a rate of return decision.

(7) A decision by the Social Security Appeals Tribunal affirming a rate of review decision comes into operation immediately on the giving of the decision by the Tribunal.

(8) A decision by the Social Security Appeals Tribunal varying a rate of review decision, or setting aside a rate of review decision and making a new decision, comes into force on such day, and remains in force for such period, as is specified by the Tribunal, but the Tribunal is not empowered to specify a day or a period such that the decision as varied, or the new decision, would be taken to have effect at any time after the rate of return resulting from the decision under review had been replaced by a new rate of return, whether because of a later rate of return decision or otherwise.

(9) Section 187 does not apply in relation to an application to the Social Security Appeals Tribunal for review of a rate of return decision.

(10) The Social Security Appeals Tribunal is not empowered to review a rate of return decision except on application that is made within the time limit imposed by subsection (4) and expressed to be an application for review of the rate of return decision.

(11) A reference in this section to an application having been made to the Social Security Appeals Tribunal does not include a reference to an application that has been withdrawn.

(12) A decision constituted by a refusal, on application under subsection 12F (2), to make a determination under subsection 12F (1) shall for the purposes of this section be taken to have come into force on the day when the fund manager concerned is notified of that refusal.

(13) In this section:
"rate of return decision", in relation to an investment product, means a decision under this Division constituted by:
(a) a refusal, on application under subsection 12F (2), to make a
determination under subsection 12F (1) of a rate of return on market-linked investments included in the investment product;
(b) a determination under subsection 12F (1) of a rate of return on
market-linked investments included in the investment product; or
(c) the revocation under subsection 12F (7) of a determination of a rate
of return on market-linked investments included in the investment product.

SOCIAL SECURITY ACT 1947 - SECT 12N
Operation of Administrative Appeals Tribunal Act

SECT

12N. (1) For the purposes of the AAT Act, the fund manager in relation to an investment product shall be taken to be a person affected by an SSAT rate of return decision in relation to the investment product.

(2) Where an application is made to the Tribunal under section 205 for review of an SSAT rate of return decision, being an application by a person other than the fund manager in relation to the investment product concerned, the Registrar of the Tribunal shall give written notice to the fund manager of the making of the application.

(3) A person who applies to the Tribunal for review of an SSAT rate of return decision when an application has already been made to the Tribunal for review of that decision but before proceedings for the review of the decision have been determined shall be taken to have applied to the Tribunal under subsection 30 (1A) of the AAT Act to be made a party to the proceeding for the review of the decision.

(4) The Tribunal is not empowered to review a rate of return decision except on application that is expressed to be an application for review of an SSAT rate of return decision.

(5) A reference in this section to an application having been made to the Tribunal does not include a reference to an application that has been dismissed under section 42A of the AAT Act.

(6) In this section:
"AAT Act" means the Administrative Appeals Tribunal Act 1975;
"rate of return decision" has the same meaning as it has in section 12M;
"SSAT rate of return decision" means a decision of the Social Security Appeals Tribunal referred to in section 205, being a decision that is, or is made in substitution for, a rate of return decision;
"Tribunal" means the Administrative Appeals Tribunal.

SOCIAL SECURITY ACT 1947 - PART II
PART II-ADMINISTRATION

SOCIAL SECURITY ACT 1947 - SECT 13
Secretary to have general administration of Act

SECT

13. The Secretary shall, subject to any direction of the Minister, have the general administration of this Act.

SOCIAL SECURITY ACT 1947 - SECT 14
Delegation

SECT

14. (1) The Secretary may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Secretary, delegate to an officer all or any of his powers under this Act, other than this power of delegation.

(2) A delegation under this section does not prevent the exercise of a power by the Secretary.

SOCIAL SECURITY ACT 1947 - SECT 15
Decision to be in writing

SECT

15. (1) A decision of an officer under this Act shall be in writing.

(2) A decision under this Act shall be taken to be in writing if it is:
(a) entered into; or
(b) recorded with the use of;
a computer.

SOCIAL SECURITY ACT 1947 - SECT 16
Authorised review officers

SECT

16. (1) The Secretary may authorise an officer to perform duties as an authorised review officer for the purposes of this Act.

(2) An authorisation shall be in writing.

SOCIAL SECURITY ACT 1947 - SECT 17
Government policy statements

SECT

17. (1) The Minister may prepare a written statement of a policy of the Commonwealth Government in relation to the administration of this Act and give a copy of the statement to:
(a) the Secretary; and
(b) the National Convener of the Social Security Appeals Tribunal.

(2) Where the Minister gives a copy of a statement to the Secretary or the National Convener under subsection (1), the Minister shall lay a copy of the statement before each House of the Parliament within 15 sitting days of that House after the Minister gives the copy under that subsection.

(3) An officer shall, in exercising powers under this Act, have regard to any statement a copy of which has been given to the Secretary under subsection (1).

(4) The National Convener and the Social Security Appeals Tribunal shall, in exercising powers under this Act, have regard to any statement a copy of which has been given to the National Convener under subsection (1).

SOCIAL SECURITY ACT 1947 - SECT 18
The Secretary and the National Convener may agree on administrative
arrangements

SECT

18. The Secretary and the National Convener of the Social Security Appeals Tribunal may agree on administrative arrangements to further the objectives of Part XIX.

SOCIAL SECURITY ACT 1947 - SECT 19
Secrecy

SECT

19. (1) An officer shall make an oath or declaration in a form approved by the Minister or the Secretary if required to do so by the Minister or the Secretary.

(2) An officer shall not, either directly or indirectly, except in the performance or exercise of any duty, function or power as an officer, make a record of or divulge or communicate to any person any information concerning another person obtained by reason of the performance or exercise of his or her duties, functions or powers under this Act.

(3) An officer shall not, except for the purposes of this Act, be required:
(a) to produce in court any document in his or her possession by reason of; or
(b) to divulge or communicate to a court any matter or thing of which he or she had notice by reason of;
the performance or exercise of his or her duties, functions or powers under this Act.

(4) Subject to subsection (4E) but notwithstanding subsections (2) and (3), the Secretary may:
(a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases-divulge information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to such persons as the Secretary determines; (b) divulge any such information to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or
(c) divulge any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.
(4A) In giving certificates for the purposes of paragraph (4) (a), the Secretary shall act in accordance with guidelines from time to time in force under subsection (4B).

(4B) The Minister, by determination in writing:
(a) shall set guidelines for the exercise of the Secretary's power to give certificates for the purposes of paragraph (4) (a); and
(b) may revoke or vary those guidelines.

(4C) A determination made pursuant to subsection (4B) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, subject to the provisions of subsection (4D).

(4D) Section 48 of the Acts Interpretation Act 1901 applies to a determination made pursuant to subsection (4B) as if paragraph (1) (b) of section 48 were omitted and the following paragraph substituted:
"(b) subject to this section, shall take effect on the first day on which the determination is no longer liable to be disallowed, or to be deemed to be disallowed, under this section; and".

(4E) The Secretary shall not, under paragraph (4) (a) or (b), divulge information relating to any person other than a person who:
(a) is receiving a pension, benefit or allowance under this Act; or
(b) has received, or made a claim for, a pension, benefit or allowance under this Act within the period of 12 months preceding the divulging of the information.

(5) An authority or person to whom information is divulged under sub-section (4), and any person or employee under the control of that authority or person, shall, in respect of that information, be subject to the same rights, privileges, obligations and liabilities under sub-sections (2) and (3) as if the authority, person or employee were an officer who had acquired the information in the performance or exercise of duties, functions or powers under this Act.

(6) In this section, "court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions.

SOCIAL SECURITY ACT 1947 - PART III
PART III-REMOTE AREA ALLOWANCE

SOCIAL SECURITY ACT 1947 - SECT 20
Interpretation

SECT

20. (1) In this Part, unless the contrary intention appears-
"allowance" means a remote area allowance under this Part;
"remote area" means-
(a) those parts of Australia referred to in paragraphs 1 and 2 of Part I
of Schedule 2 to the Income Tax Assessment Act 1936;
(b) the Territory of Cocos (Keeling) Islands; and
(c) the Territory of Christmas Island.

(2) For the purposes of this Part, (other than paragraph 21 (3) (b)), where a person whose usual place of residence is situated in the remote area is absent from the remote area for a period, the person shall be taken to be physically present in the remote area during that period or during the first 8 weeks of that period, whichever is the shorter.

(3) Sub-section (2) does not apply to a person in respect of any period during which the person is outside Australia.

SOCIAL SECURITY ACT 1947 - SECT 21
Persons eligible for remote area allowance

SECT

21.*3* (1) Subject to sub-section (2), a person who-
(a) is in receipt of a pension, benefit or allowance under Part IV, V, VI, XIII or XIV or a rehabilitation allowance under Part XVI; and
(b) is physically present in, and whose usual place of residence is situated in, the remote area,
is eligible to receive a remote area allowance.

(2) A person to whom sub-section 33 (15) or (16) applies is not eligible to receive an allowance.

(3) Where a person whose usual place of residence is situated in the remote area-
(a) is in receipt of-
(i) a benefit under Part XIII, or an allowance under Part XVI, the rate
of which is increased by reference to sub-section 118 (2); or
(ii) an allowance under Part XIV or XVI, the rate of which is calculated
having regard to an amount of wife's pension;
(b) is absent from the remote area for a period exceeding 8 weeks; and
(c) has a spouse who is physically present in, and whose usual place of residence is situated in, the remote area,
the person is eligible to receive a remote area allowance. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 22
Rate of remote area allowance

SECT

22.*3* (1) Subject to this section, the rate of an allowance is-
(a) in the case of an unmarried person or a married person whose spouse is not eligible to receive an allowance under this Part or a remote area allowance under section 57 of the Veterans' Entitlements Act 1986-$14 per fortnight; or
(b) in any other case-$12 per fortnight.

(2) For the purposes of sub-section (1), a person-
(a) in relation to whom a direction under sub-section 33 (2) is in force or to whom subsection 118 (1A) or (1B) applies;
(b) who is in receipt of a benefit under Part VI by reason of the person being a person referred to in paragraph (d) of the definition of "unmarried person" in sub-section 53 (1); or
(c) who is the spouse of a person referred to in paragraph (a) or (b), shall be taken to be an unmarried person.

(3) Where-
(a) a person is in receipt of a benefit under Part XIII and the rate of that benefit is increased under sub-section 118 (2) or a person is in receipt of an allowance under Part XVI the rate of which is increased by reference to sub-section 118 (2); and
(b) the person in respect of whom the rate of that benefit or allowance is so increased is physically present in the remote area and the usual place of residence of that person is situated in the remote area,
the rate of allowance applicable to the first-mentioned person is-
(c) where sub-section 21 (1) applies-such amount exceeding $12 per fortnight but not exceeding $24 per fortnight; or
(d) where sub-section 21 (3) applies-such amount not exceeding $14 per fortnight,
as the Secretary decides.

(4) Where-
(a) a person is in receipt of an allowance under Part XIV or Part XVI;
(b) the amount of that allowance is calculated having regard to an amount of a wife's pension; and
(c) the spouse of the person is physically present in the remote area and the usual place of residence of the spouse is situated in the remote area, the rate of allowance applicable to the person is-
(d) where sub-section 21 (1) applies-$24 per fortnight; or
(e) where sub-section 21 (3) applies-$14 per fortnight.

(5) Subject to sub-sections (6) and (7), where the rate of a pension, benefit or allowance payable to a person (in this sub-section referred to as the "relevant person") who is eligible to receive an allowance or the rate of a pension, benefit or allowance payable to the spouse of the relevant person is increased by reference to sub-section 33 (4) or (10), 48 (2) or 118 (11) in respect of another person or other persons, the rate of allowance applicable to the relevant person shall be increased by $7 per fortnight in respect of that other person or each of those other persons, as the case may be.

(6) An increase under sub-section (5) is not payable to a person in respect of another person unless that other person is physically present in Australia.

(7) Where, but for this sub-section, an increase under sub-section (5) would be payable to 2 persons in respect of the same person, the increase is payable only-
(a) in a case where the rate of a pension, benefit or allowance payable to one only of those persons is increased by reference to sub-section 33 (4) or (10), 48 (2) or 118 (11)-to that person; or
(b) in any other case-to the person to whom the Secretary directs that the increase should be paid.

(8) Where the Secretary gives a direction under paragraph (7) (b), he shall, by notice in writing, inform each of the persons affected by the direction accordingly.

(9) For the purposes of this section, the rate of a pension shall be taken to be increased by reference to sub-section 33 (4) if the rate of the pension would, but for sub-section 33 (7), have been so increased. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 23
Payment of remote area allowance

SECT

23. (1) An allowance is payable at such times as the Secretary determines.

(2) Where-
(a) a person who is in receipt of a benefit under Part XIII is eligible to receive an allowance; and
(b) an instalment of that benefit is calculated, in accordance with sub-section 134 (3), at one-fifth of the weekly rate of the benefit for each day in a period,
an allowance is payable to the person in respect of that period at the rate of 10% of the fortnightly rate of the allowance for each day, not being a Saturday or Sunday, in that period.

SOCIAL SECURITY ACT 1947 - PART IV
PART IV-AGE, INVALID, WIVES' AND CARERS' PENSIONS*7*

*7* Parts IV, V, VI, XIII, XIV and XVI (formerly Parts III, IV, IVAAA, VII, VIIA and VIII)-Section 42 of the Veterans' Entitlements Act 1986 affects the operation of the Social Security Act 1947, as follows:
"42. (1) Notwithstanding anything contained in this Part-
(b) a person is not entitled to receive, at the same time, a service pension and-
(i) a pension under Part III or IV;
(ii) a benefit under Part IVAAA or VII;
(iii) an allowance under Part VIIA; or
(iv) a rehabilitation allowance under Part VIII,
of the Social Security Act 1947;
"(2) In sub-section (1)-
'service pension' includes wife's service pension and carer's service
pension.".

SOCIAL SECURITY ACT 1947 - DIVISION 1
Division 1-Preliminary

SOCIAL SECURITY ACT 1947 - SECT 24
Interpretation

SECT

24. In this Part, unless the contrary intention appears:
"claimant" means a person claiming a pension under this Part;
"pensioner" means a person in receipt of a pension under this Part.

SOCIAL SECURITY ACT 1947 - DIVISION 2
Division 2-Qualifications for Age Pensions

SOCIAL SECURITY ACT 1947 - SECT 25
Qualifications for age pension

SECT

25. (1) Subject to this Part, a person who is not receiving an invalid pension and-
(a) being a man, has attained the age of 65 years, or, being a woman, has attained the age of 60 years; and
(b) is an Australian resident and is in Australia on the day on which he or she lodges the claim for an age pension and has, at any time, been an Australian resident for a continuous period of not less than 10 years;
shall be qualified to receive an age pension.

(2) Where-
(a) a person has been an Australian resident during more than one period;
(b) the longest of those periods is less than 10 years but is not less than 5 years; and
(c) the aggregate of those periods exceeds 10 years,
the person shall, for the purposes of sub-section (1), be taken to have been an Australian resident for a continuous period of 10 years.

SOCIAL SECURITY ACT 1947 - SECT 26
Qualifications for age pensions for persons outside Australia

SECT

26. Subject to this Part, a person who is not receiving an invalid pension and-
(a) being a man, has attained the age of 65 years or, being a woman, has attained the age of 60 years;
(b) has not resided in Australia at any time since 7 May 1973;
(c) ceased to reside in Australia on a date not earlier than 5 years before attaining the appropriate age referred to in paragraph (a);
(d) has resided in Australia for a period that was, or for periods that in the aggregate were, not less than 30 years;
(e) is a person who-
(i) would, if he had lodged a claim immediately before he ceased to
reside in Australia, have been qualified under section 25 to receive an age pension; or
(ii) would, if he had not ceased to reside in Australia, were physically
present in Australia and lodged a claim, be qualified under section 25 to receive an age pension; and
(f) is a person who, in the opinion of the Secretary, is in special need of financial assistance,
is qualified to receive an age pension.

SOCIAL SECURITY ACT 1947 - DIVISION 3
Division 3-Qualifications for Invalid Pensions

SOCIAL SECURITY ACT 1947 - SECT 27
Incapacity for work

SECT

27. A person is permanently incapacitated for work for the purposes of this Division if:
(a) the degree of the person's permanent incapacity for work is not less than 85%; and
(b) that permanent incapacity, or at least 50% of that permanent incapacity, is directly caused by a permanent physical or mental impairment of the person.

SOCIAL SECURITY ACT 1947 - SECT 28
Qualifications for invalid pension

SECT

28. Subject to this Act, a person above the age of 16 years who is not receiving an age pension and-
(a) is permanently incapacitated for work or is permanently blind; and
(b) is an Australian resident and is in Australia on the day on which he lodges his claim for an invalid pension,
shall be qualified to receive an invalid pension.

SOCIAL SECURITY ACT 1947 - SECT 29
Qualifications for invalid pensions for persons outside Australia

SECT

29. Subject to this Act, a person above the age of 16 years who is not receiving an age pension and-
(a) is permanently incapacitated for work or is permanently blind;
(b) has not resided in Australia at any time since 7 May 1973;
(c) became permanently incapacitated for work or permanently blind while in Australia or during a temporary absence from Australia; and
(d) is a person who, in the opinion of the Secretary, is in special need of financial assistance,
is qualified to receive an invalid pension.

SOCIAL SECURITY ACT 1947 - SECT 30
Conditions of grant of invalid pension

SECT

30. (1) An invalid pension shall not be granted to a person-
(a) in the case of a claimant under section 28, unless he became permanently incapacitated for work or permanently blind while the person was an Australian resident; or
(b) if the person's permanent incapacity was brought about with a view to obtaining an invalid pension.

(2) Where:
(a) a person became permanently incapacitated for work or permanently blind at a time when the person was not an Australian resident; and
(b) the person has been, at any time, an Australian resident for a continuous period of not less than 10 years;
the person shall, for the purposes of this section, be taken to have become permanently incapacitated for work or permanently blind while the person was an Australian resident.

(3) Where:
(a) a person has been an Australian resident during more than one period;
(b) the longer or longest of those periods is less than 10 years but not less than 5 years; and
(c) the aggregate of those periods exceeds 10 years;
the person shall, for the purposes of subsection (2), be taken to have been an Australian resident for a continuous period of 10 years.

(4) Where:
(a) a person who was born outside Australia became permanently incapacitated for work or permanently blind at a time when the person was not an Australian resident; and
(b) at that time, the person was a dependent child of an Australian resident and the person becomes an Australian resident while the person is a dependent child of an Australian resident;
the person shall, for the purposes of this section, be taken to have become permanently incapacitated for work or permanently blind while the person was an Australian resident.

SOCIAL SECURITY ACT 1947 - SECT 31
Incentive allowance

SECT

31. (1) Where-
(a) a person is receiving an invalid pension; and
(b) the person is undertaking training at an activity therapy centre or an adult training centre or is undertaking independent living training, the person is eligible to receive, during any period during which he continues to receive that pension and undertake that training, in addition to that pension, an incentive allowance at the prescribed rate per week.

(2) In sub-section (1)-
"activity therapy centre" means premises at which approved activity therapy is provided;
"adult training centre" means premises at which approved training is provided;
"approved activity therapy" and "approved training" have the same respective meanings that those terms had in the Handicapped Persons Assistance Act 1974 immediately before the commencement of Part II of the Disability Services Act 1986;
"independent living training" means training to assist persons with disabilities to develop or maintain the personal skills and self-reliance necessary to enhance their independence, and self-reliance, in the community, being training, or training included in a class of training, approved by the Secretary for the purposes of this definition;
"prescribed rate" means the rate per week for the time being applicable under section 143.

SOCIAL SECURITY ACT 1947 - SECT 32
Examination by medical practitioner

SECT

32. (1) The Secretary shall, unless-
(a) it is manifest that a claimant for an invalid pension is permanently incapacitated for work or is permanently blind; or
(b) a claimant resides in a place remote from any medical practitioner, direct that the claimant be examined by a medical practitioner.

(2) The medical practitioner shall certify, in accordance with a form approved by the Secretary, whether, in his opinion, the claimant is permanently incapacitated for work or is permanently blind.

SOCIAL SECURITY ACT 1947 - DIVISION 4
Division 4-Rate of Pensions

SOCIAL SECURITY ACT 1947 - SECT 33
Rate of pension

SECT

33.*3* (1) Subject to this Part, the maximum rate of pension under this Part is-
(a) in the case of an unmarried person or a married person whose spouse is not in receipt of a prescribed pension-$5,309.20 per annum; and
(b) in any other case-$4,427.80 per annum.

(2) Where the Secretary is satisfied that-
(a) the living expenses of a married person and the husband or wife of that 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
(b) the inability is likely to continue indefinitely,
he may direct that the maximum rate of pension under this Part in relation to the first-mentioned person is to be the rate specified in paragraph (1) (a).

(3) Where-
(a) an unmarried person; or
(b) a married person in relation to whom a direction under sub-section (2) is in force,
has a dependent child or dependent children, the maximum rate of pension applicable to that person under paragraph (1) (a) shall, subject to sub-section (6), be increased by $624 per annum.

(4) Where a person has a dependent child or dependent children, the maximum rate of pension applicable to that person under sub-section (1) shall, subject to sub-sections (5) and (6), be increased or, if sub-section (3) applies to the person, be further increased by-
(a) $1,248 per annum in respect of each dependent child who has not attained the age of 13 years;
(aa) $1,612 per annum in respect of each dependent child who has attained the age of 13 years but has not attained the age of 16 years;
(ab) $884 per annum in respect of each dependent child who is not a prescribed student child of the person and who has attained the age of 16 years; and
(5) Sub-section (4) of this section does not apply in relation to a child if the maximum rate at which a service pension under Part III of the Veterans' Entitlements Act 1986 is payable is increased in respect of the child by reference to paragraph 47 (3) (b) of that Act.

(6) In the case of a permanently blind person-
(a) the maximum rate of an age pension or invalid pension shall not be increased by virtue of sub-section (3) or (4) or section 36 unless he would be eligible to receive an invalid pension under the provisions of this Part (including sub-sections (3) and (4) and section 36) if-
(i) he were not a permanently blind person; and
(ii) he were permanently incapacitated for work; and
(b) if the person would be so eligible to receive an invalid pension, the maximum rate of age or invalid pension that is applicable to the person shall not be increased by an amount under sub-section (3), or by an amount under sub-section (4), or by an amount under section 36, that exceeds the amount that would, if the person were not permanently blind, be the amount (if any) of the increase by virtue of sub-section (3), or sub-section (4), or section 36, as the case may be, that comprises the annual rate of the person's age or invalid pension as reduced in accordance with sub-section (12).

(7) Where the maximum rate of pension under this Part applicable to a married person whose spouse is in receipt of a pension under this Part, a benefit under Part VI, an allowance under Part XIV, an allowance under Part XVI the annual rate of which is determined by reference to this Part or a service pension, a wife's service pension or a carer's service pension under Part III of the Veterans' Entitlements Act 1986 is increased by sub-section (4), or by sub-sections (3) and (4), the maximum rate of pension under this Part so applicable to the person shall be reduced, to an extent not exceeding the amount of the increase, by-
(a) the amount equal to the aggregate of:
(i) the amount (if any) per annum by which the annual rate of income of
the person exceeds $1,820; and
(ii) the amount (if any) per annum by which the annual rate of maintenance income of the person exceeds the annual maintenance free area of the person;
(b) an amount per annum equal to 52 times the pension reduction amount (if any) applicable to the person divided by 250,
whichever is the greater or, if the amounts per annum of the reductions calculated under paragraphs (a) and (b) are the same, by the amount calculated under paragraph (a).

(8) Where the maximum rate of pension under this Part applicable to a person is reduced by reference to paragraph (7) (a)-
(a) if the amount per annum of the reduction is less than the amount of the increase under subsection (4) or subsections (3) and (4), no amount per annum is applicable in relation to the person or the person's spouse under paragraph (12) (a);
(b) if the amount per annum of the reduction is equal to the amount of the increase under subsection (4) or subsections (3) and (4), the aggregate referred to in paragraph (12) (a) shall be taken, for the purposes of the application of subsection (12) in relation to the person and the person's spouse, to be reduced by the amount per annum of the reduction; and
(c) in either case, no amount per annum is applicable in relation to the person or the person's spouse under paragraph (12) (b).

(9) Where the maximum rate of pension under this Part applicable to a person is reduced by reference to paragraph (7) (b)-
(a) the value of the property of the person and of the person's spouse shall each be deemed, for the purposes of sub-section (12), to be reduced by an amount equal to 250 times the amount of that reduction divided by 52; and
(b) no amount per annum is applicable in relation to the person or the person's spouse under paragraph (12) (a), as the case requires.

(10) In the case of a permanently blind person who has a dependent child or dependent children-
(a) if, by reason of the operation of sub-section (6), the maximum rate of an age pension or invalid pension applicable to the person is not increased by virtue of sub-section (4)-the maximum rate of age pension or invalid pension applicable to the person under the preceding sub-sections shall be increased by the greater or greatest amount per annum that could be applicable to the person under a paragraph of subsection (4) if subsection (6) did not apply to the person; or
(b) if, by reason of the operation of sub-section (6), the amount per annum of an increase in the maximum rate of an age pension or invalid pension applicable to the person that is effected by sub-section (4) is less than the greater or greatest amount per annum that could be applicable to the person under a paragraph of subsection (4) if subsection (6) did not apply to the person-the rate of pension applicable to the person shall be increased by the amount per annum by which that increase in the maximum rate is less than that greater or greatest amount per annum.

(12) The annual rate at which a pension under this Part payable to a person (other than a person who is permanently blind and who is qualified to receive an age or invalid pension) is determined shall be reduced by-
(a) 50% of the aggregate of:
(i) the amount (if any) per annum by which the annual rate of income of
the person exceeds:
(A) if the person is an unmarried person-$2,080; or
(B) if the person is a married person-$1,820; and
(ii) the amount (if any) per annum by which the annual rate of maintenance income of the person exceeds the annual maintenance free area of the person; or
(b) an amount per annum equal to 26 times the pension reduction amount (if any) applicable to the person divided by 250,
whichever is the greater or, if the amounts per annum of the reductions calculated under paragraphs (a) and (b) are the same, by the amount calculated under paragraph (a).

(12A) Where a person who is qualified to receive a pension under this Part has special maintenance income the annual rate of which exceeds the aggregate of:
(a) the following amount:
(i) in the case of an unmarried person or a married person not falling
within subparagraph (ii)-50% of the maximum rate of pension under this Part applicable to the person, including:
(A) any increase applicable under this section or section 36; and
(B) any incentive allowance (if applicable);
(ii) in the case of a married person:
(A) who has a dependent child; and
(B) whose spouse is in receipt of a pension, benefit or allowance
referred to in subsection (7);
25% of the aggregate of the maximum rate of pension under this Part
applicable to the person and the maximum rate of pension, benefit or allowance applicable to the spouse, including, in relation to the person, the amounts mentioned in sub-subparagraphs (i) (A) and (B) and, in relation to the spouse, such amounts or any other increase applicable in relation to the pension, benefit or allowance of the spouse; and
(b) the annual maintenance free area of the person;
the excess shall be disregarded for the purposes of subparagraphs (7) (a) (ii) and (12) (a) (ii).

(13) A married person whose husband or wife is not in receipt of a prescribed pension shall not be paid a pension under this Part at a rate exceeding twice the rate at which a pension under this Part would be payable to that person if the husband or wife of that person were in receipt of a prescribed pension.

(14) Sub-section (15) or (16) does not apply in relation to a person where the annual rate of age or invalid pension that would be applicable to the person under that sub-section is greater than the annual rate of age or invalid pension applicable to the person under sub-section (12) reduced as mentioned in paragraph (12) (b) and, where sub-section (15) or (16) does not, by virtue of this sub-section, apply in relation to the person, paragraph (12) (a) does not apply in relation to the person.

(15) Notwithstanding sub-section (12) but subject to sub-section (13), where a claimant or pensioner-
(a) has attained the age of 70 years;
(b) is in receipt of, or is qualified to receive, an age pension; and
(c) is a person referred to in paragraph (1) (a) or a person in relation to whom a direction under sub-section (2) is in force,
the annual rate at which that pension is determined shall not be less than-
(d) if the person is an unmarried person and has an annual rate of income exceeding $10,400-$2,675.40 per annum reduced by one-half of the amount per annum by which the annual rate of income of the person exceeds $10,400;
(e) if the person is a married person and has an annual rate of income exceeding $8,658-$2,675.40 per annum reduced by one-half of the amount per annum by which the annual rate of income of the person exceeds $8,658; or
(f) in any other case-$2,675.40 per annum.

(16) Notwithstanding sub-section (12), where a claimant or pensioner-
(a) has attained the age of 70 years;
(b) is in receipt of, or is qualified to receive, an age pension; and
(c) is not a person referred to in paragraph (1) (a) or a person in relation to whom a direction under sub-section (2) is in force,
the annual rate at which that pension is determined shall not be less than-
(d) if the person has an annual rate of income exceeding $8,658-$2,230.80 per annum reduced by one-half of the amount per annum by which the annual rate of income of the person exceeds $8,658; or
(e) in any other case-$2,230.80 per annum.

(17) Sub-section (15) or (16) does not apply to a claimant or pensioner if-
(a) the claimant or pensioner would, but for sub-section 21 (2), be eligible to receive an allowance under Part III; and
(b) the sum of the amount of an instalment of age pension that would be payable to the claimant or pensioner if neither sub-section (15) nor (16) applied to the claimant or pensioner and the amount per fortnight of allowance under Part III that would be payable to the claimant or pensioner if the claimant or pensioner were eligible to receive that allowance is greater than the amount of an instalment of age pension payable to the claimant or pensioner in accordance with sub-section (15) or (16).

(18) Where-
(a) the rate of pension applicable to a person is increased under this section, under section 36 or under this section and under section 36; and
(b) the rate of that pension is to be reduced under sub-section (12) of this section,
that sub-section shall be applied first to the rate of that pension apart from any increase under this section or under section 36, then to the amount of any increase under section 36 and then to the amount of any increase under this section.

(19) Subject to subsection (21), a dependent child of a husband shall, for the purposes of this section, be taken to be a dependent child of the husband's spouse and not of the husband.

(20) Where a wife is not receiving a pension under this Part, a supporting parent's benefit or an allowance under Part XIV or XVI, then, for the purposes of the application of this section to the wife's spouse:
(a) subsection (19) does not apply; and
(b) a dependent child of the wife shall be taken to be a dependent child of the wife's spouse and not of the wife.

(21) For the purposes of the application of this section to a person in relation to whom a direction under subsection (2) is in force and to the spouse of that person, where each of those persons is receiving a prescribed pension and the direction was given because of the illness or infirmity of the wife, a dependent child of the wife shall be taken to be a dependent child of the husband and not of the wife. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 34
Indexation of certain rates

SECT

34.*3* (1) In this section, unless the contrary intention appears-
"index number", in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;
"relevant period" means the period of 6 months commencing on 13 December 1986, and each subsequent period of 6 months;
"relevant rate" means the rate specified in paragraph 33 (1) (a), 33 (1) (b), 69 (2) (a) or 69 (2) (b).

(2) Subject to sub-section (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by him in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.

(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the consumer price index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.

(4) Where the factor ascertained, in relation to a relevant period, in accordance with sub-section (5) is greater than 1, this Act and any Act that refers to this Act have effect as if for each relevant rate there were substituted, on the first day of that period-
(a) subject to paragraphs (b) and (c)-a rate calculated by multiplying by that factor-
(i) in a case to which sub-paragraph (ii) does not apply-the relevant
rate; or
(ii) if, by virtue of another application or several other applications of this section, this Act has had effect as if another rate was substituted, or other rates were successively substituted, for the relevant rate-the substituted rate or the last substituted rate, as the case may be;
(b) where the rate calculated under paragraph (a) for the purposes of paragraph 33 (1) (a) or (b) is not a multiple of $2.60 per annum-a rate equal to-
(i) if the rate so calculated exceeds the next lower rate that is such a
multiple by $1.30 per annum or more-the next higher rate that is such a multiple; or
(ii) if the rate so calculated exceeds the next lower rate that is such a
multiple by less than $1.30 per annum-that next lower rate; or
(c) where the rate calculated under paragraph (a) for the purposes of paragraph 69 (2) (a) or (b) is not a multiple of $52 per annum, the rate so calculated shall be increased to the nearest higher rate that is a multiple of $52 per annum.

(5) The factor to be ascertained for the purposes of sub-section (4) in relation to a relevant period-
(a) is the number, calculated to 3 decimal places, ascertained by dividing-
(i) if the relevant period commences on 13 June-the index number for the
last preceding December quarter; or
(ii) if the relevant period commences on 13 December-the index number for
the last preceding June quarter,
by the highest index number in respect of a December or June quarter
that preceded that quarter, not being a December or June quarter that occurred before the June quarter in the year 1979; or
(b) if the number so ascertained would, if it were calculated to 4 decimal places, end in a number greater than 4-is the number so ascertained increased by 0.001.

(6) Where, by virtue of the application of this section, this Act has effect as if another rate were substituted for a relevant rate on the first day of a relevant period, the substitution, in so far as it affects instalments of age, invalid, wives', carers' or widows' pensions or supporting parents' benefits under this Act has effect in relation to every instalment of such a pension or benefit that falls due on or after the first day of that period. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 35
Calculation of income in respect of children

SECT

35.*3* (1) For the purposes of this Part (other than sub-sections 33 (15) and (16)), where a pensioner has a dependent child, the income of the pensioner shall be reduced by-
(a) if the pensioner is an unmarried person or a married person whose spouse is not in receipt of a pension under this Part, a benefit under Part VI, an allowance under Part XIV, a rehabilitation allowance under Part XVI or a service pension, a wife's service pension or a carer's service pension under the Veterans' Entitlements Act 1986-$624 per annum less the annual amount of any payment (not being a payment under this Act, a payment of maintenance income, a payment under the Veterans' Entitlements Act 1986, a payment under the AUSTUDY scheme or the Assistance for Isolated Children Scheme or a payment in the nature of family allowance) received by the pensioner or the spouse of the pensioner for or in respect of the child; or
(b) if the pensioner is a married person whose spouse is in receipt of a pension, benefit or allowance referred to in paragraph (a)-$312 per annum less 50% of the annual amount of any payment (not being a payment under this Act, a payment of maintenance income, a payment under the Veterans' Entitlements Act 1986, a payment under the AUSTUDY scheme or the Assistance for Isolated Children Scheme or a payment in the nature of family allowance) received by the pensioner or the spouse of the pensioner for or in respect of the child.

(2) In this section, "payment in the nature of family allowance", in relation to a payment received in respect of a child, means a payment that is similar to a family allowance, being a payment that, by virtue of sub-section 82 (6), prevents a family allowance from being payable in respect of that child. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 36
Rent assistance

SECT

36.*2* (1) Subject to this Part, this section applies to a person who is qualified to receive a pension under this Part, in respect of any period during which-
(a) the person pays, or is liable to pay, rent at a rate exceeding $780 per annum;
(b) the person is not and, if the person is a married person and the person's spouse is living with the person in their home, the spouse is not, eligible to receive an incentive allowance under section 31 or 143; and
(c) the person is in Australia.

(2) For the purposes of the application of this section to a married person-
(a) where the person's spouse is living with the person in their home-any rent that the spouse pays, or is liable to pay, in respect of that home shall be deemed to be paid, or payable, by the person; and
(b) where a direction is in force under sub-section 33 (2) in respect of the person-any rent that the person's spouse pays, or is liable to pay, in respect of the premises occupied by the person shall be deemed to be paid, or payable, by the person.

(3) Subject to sub-section (4), where this section applies to a person, the maximum rate of pension applicable to the person shall be increased by an amount per annum equal to-
(a) 50% of the amount by which the amount of the annual rent paid, or payable, by the person exceeds $780; or
(b) $780,
whichever is the lesser amount.

(4) Where this section applies to a married person-
(a) whose spouse is living with the person in their home; and
(b) to whose spouse there is payable a prescribed pension (other than a benefit under Part XIII) the rate of which is increased by reference to an amount of rent paid, or payable, by the person,
the amount of any increase in the maximum rate of pension applicable to the person under sub-section (3) shall be reduced by 50%. *2* Sections 3, 4, 4B, 8, 36, 50, 74, 120, 143 and Schedule 3 are amended by sections 3 (2)-(5),9-20 and Schedule 1 of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - DIVISION 5
Division 5-Wives' Pensions

SOCIAL SECURITY ACT 1947 - SECT 37
Wife's pension

SECT

37. (1) Subject to this Part, a woman (not being an age pensioner or an invalid pensioner) who is the wife of-
(a) an age pensioner or an invalid pensioner; or
(b) a man who is receiving a rehabilitation allowance under Part XVI and who was, immediately before he became eligible to receive that allowance, eligible to receive an invalid pension,
and who is an Australian resident and is in Australia on the day on which she lodges a claim for a wife's pension is qualified to receive a wife's pension.

(2) Subject to this Part, a woman (not being an age pensioner or invalid pensioner) who is the wife of-
(a) an age pensioner who is qualified to receive an age pension by virtue of section 26; or
(b) an invalid pensioner who is qualified to receive an invalid pension by virtue of section 29,
is qualified to receive a wife's pension.

SOCIAL SECURITY ACT 1947 - DIVISION 6
Division 6-Carers' Pensions

SOCIAL SECURITY ACT 1947 - SECT 39
Carer's pension

SECT

39. (1) Subject to this Part, where-
(a) a person (not being a person who is receiving an age pension, an invalid pension or a wife's pension) personally provides constant care and attention for another person in a home of the person and of the other person;
(b) the other person is a severely handicapped person who-
(i) is an age pensioner or an invalid pensioner; or
(ii) is receiving a rehabilitation allowance under Part XVI and was,
immediately before becoming eligible to receive that allowance, eligible to receive an invalid pension; and
(c) the person is an Australian resident and is in Australia on the day on which the person lodges a claim for carer's pension;
the person is qualified to receive a carer's pension.

(2) Where a person who is personally providing constant care and attention for another person who is a severely handicapped person temporarily ceases to provide that care and attention-
(a) for a period of not more than 28 days in any calendar year; or
(b) for such other period as the Secretary, for any special reason in any particular case, decides,
the person does not cease to be qualified to receive a carer's pension by reason only of that cessation.

(3) In this section-
"severely handicapped person" means a person who-
(a) has a physical, intellectual or psychiatric disability; and
(b) because of that disability, requires:
(i) frequent attention in connection with the person's bodily functions;
or
(ii) constant supervision to prevent injury to the person or to another
person;
permanently or for an extended period.

SOCIAL SECURITY ACT 1947 - DIVISION 7
Division 7-General

SOCIAL SECURITY ACT 1947 - SECT 41
Dual entitlement

SECT

41. (1) In this section-
"member of the Forces" and "Peacekeeping Force" have the same respective meanings as in Part IV of the Veterans' Entitlements Act 1986;
"widow" means a woman who was, immediately before the death of a veteran, of a member of the Forces or of a member of a Peacekeeping Force, the spouse of the veteran or member.

(2) Where, immediately before 1 November 1986, a widow was receiving-
(a) a pension under Part II or IV of the Veterans' Entitlements Act 1986 or a pension under the Seamen's War Pensions and Allowances Act 1940; and
(b) a pension under this Part,
the rate of the pension referred to in paragraph (b) shall not, on or after 1 November 1986 and while the widow continues to receive the pension referred to in paragraph (a)-
(c) in a case where the widow was receiving a pension under this Part immediately before 1 November 1986 at a rate less than $3,122.60 per annum-be increased under, or by virtue of the operation of, this Act to a rate greater than $3,122.60 per annum; or
(d) in any other case-be increased under, or by virtue of the operation of, this Act to a rate greater than the rate at which it was payable immediately before 1 November 1986.

(3) Where, on or after 1 November 1986-
(a) a widow who is receiving a pension under Part II or IV of the Veterans' Entitlements Act 1986 or a pension under the Seamen's War Pensions and Allowances Act 1940 commences to receive payments of a pension under this Part; or
(b) a widow who is receiving a pension under this Part commences to receive payments of a pension under Part II or IV of the Veterans' Entitlements Act 1986 or a pension under the Seamen's War Pensions and Allowances Act 1940, the rate of pension payable to the widow under this Part shall not, while the widow continues to receive the other pension, exceed $3,122.60 per annum.

(4) A reference in this section to a widow receiving a pension under Part II or IV of the Veterans' Entitlements Act 1986 is a reference to a widow receiving a pension under that Part at a rate determined under or by reference to sub-section 30 (1) of that Act.

(5) A reference in this section to a widow receiving a pension under the Seamen's War Pensions and Allowances Act 1940 is a reference to a widow receiving a pension under that Act at a rate determined under sub-section 18 (2) of that Act.

SOCIAL SECURITY ACT 1947 - SECT 42
Inmates of benevolent homes

SECT

42. (1) In this section-
"pensioner contribution" means an amount per annum equal to the product of 364 and an amount equal to the amount in force, from time to time, for the purposes of sub-paragraph 47 (2) (b) (iii) of the National Health Act 1953, or, if that product is not a multiple of $2.60, the next lower amount that is such a multiple;
"wife's portion", in relation to a male pensioner who is a married person and the maximum rate of whose age or invalid pension is increased by reason of the operation of sub-section 33 (4) or (10), means the amount per annum by which the amount per annum of that pension is greater than the amount that, but for the operation of those sub-sections, would be the amount per annum of that pension.

(2) If a person, being an inmate of a benevolent home, becomes a pensioner, or if a person, being a pensioner, becomes an inmate of a benevolent home, the person's pension shall, for so long as the person remains an inmate of the benevolent home, be dealt with as follows:
(a) in the case of a male pensioner referred to in the definition of "wife's portion" in sub-section (1)-there shall be paid to his wife so much of that pension as does not exceed the wife's portion in relation to him;
(b) there shall be paid to the person controlling the benevolent home for the maintenance of the pensioner in the benevolent home so much of that pension, or so much of the remainder of that pension after deducting any wife's portion, as does not exceed the pensioner contribution in relation to the person;
(c) the balance (if any) of that pension shall be paid to the pensioner.

SOCIAL SECURITY ACT 1947 - PART V
PART V-WIDOWS' PENSIONS*3* and *7*

*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

*7* Parts IV, V, VI, XIII, XIV and XVI (formerly Parts III, IV, IVAAA, VII, VIIA and VIII)-Section 42 of the Veterans' Entitlements Act 1986 affects the operation of the Social Security Act 1947, as follows:
"42. (1) Notwithstanding anything contained in this Part-
(b) a person is not entitled to receive, at the same time, a service pension and-
(i) a pension under Part III or IV;
(ii) a benefit under Part IVAAA or VII;
(iii) an allowance under Part VIIA; or
(iv) a rehabilitation allowance under Part VIII,
of the Social Security Act 1947;
"(2) In sub-section (1)-
'service pension' includes wife's service pension and carer's service
pension.".

SOCIAL SECURITY ACT 1947 - DIVISION 1
Division 1-Preliminary

SOCIAL SECURITY ACT 1947 - SECT 43
Interpretation

SECT

43.*3* (1) In this Part, unless the contrary intention appears-
"claimant" means a person claiming a pension under this Part;
"class A widow" means a widow specified in paragraph 44 (1) (a);
"class B widow" means a widow specified in paragraph 44 (1) (b);
"class C widow" means a widow specified in paragraph 44 (1) (c);
"dependent female" means a woman who, for not less than 3 years immediately prior to the death of a man (in this Part referred to as the man in respect of whom she was a dependent female), was wholly or mainly maintained by him and, although not legally married to him, lived with him as his wife on a permanent and bona fide domestic basis;
"deserted wife" means a wife who has been deserted by her husband without just cause for a period of not less than 6 months;
"former class B widow" means a widow to whom paragraph 44 (1) (b) of this Act, as in force immediately before 1 July 1987, applied at that time;
"husband" means a legally married male person;
"pensioner" means a woman in receipt of a pension under this Part;
"widow" includes-
(a) a dependent female;
(b) a deserted wife;
(c) a woman whose marriage has been dissolved and who has not remarried;
and
(d) a woman whose husband has been convicted of an offence and is
imprisoned and has been imprisoned for a period of not less than 6 months, including any period of imprisonment prior to and continuous with a period of imprisonment following upon the conviction,
but does not include a woman who is living with a man as his wife on a bona
fide domestic basis although not legally married to him;
"wife" means a legally married female person.

(2) For the purposes of this Part, a child who is being maintained by a widow shall be deemed to be, and to have been, at any time when the widow was maintaining the child, a dependent child of the widow.

(3) For the purposes of this Part, where-
(a) a purported marriage that is void has taken place (whether before or after the commencement of this sub-section);
(b) the Secretary is of the opinion that the woman who was a party to the purported marriage believed, at the time when the purported marriage took place, that the purported marriage was valid; and
(c) the man who was a party to the purported marriage has deserted that woman for a period of not less than 6 months otherwise than in circumstances in which, if that man and that woman had been married, there would have been just cause for that man to desert that woman,
that woman shall be deemed to be a deserted wife. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - DIVISION 2
Division 2-Qualifications for Widows' Pensions

SOCIAL SECURITY ACT 1947 - SECT 44
Qualifications for widow's pension

SECT

44.*3* (1) Subject to this Act-
(a) a widow who has a dependent child or dependent children;
(b) a widow who does not have a dependent child and who:
(i) immediately before 1 July 1987 was in receipt of a widow's pension
and is a former class B widow;
(ii) on 1 July 1987 had attained the age of 45 years and was in receipt of a supporting parent's benefit or a widow's pension as a class A widow on that day or commences to receive such a benefit or pension after that day; or
(iii) on 1 July 1987, had attained the age of 50 years; or
(c) a widow who, at the time of the death of her husband, or within 26 weeks thereafter, or, in the case of a dependent female, at the time of the death of the man in respect of whom she was a dependent female, or within 26 weeks thereafter-
(i) is less than 50 years of age;
(ii) does not have a dependent child; and
(iii) in the opinion of the Secretary, is in necessitous circumstances,
is qualified to receive a widow's pension if she is an Australian resident and is in Australia on the day on which she lodges her claim for a widow's pension and-
(d) in the opinion of the Secretary, she and her husband or, in the case of a widow being a dependent female, she and the man in respect of whom she was a dependent female were, on the occurrence of the event by reason of which she became a widow, Australian residents;
(e) she has been an Australian resident for a continuous period of not less than 5 years immediately preceding the date on which she lodges that claim for a widow's pension; or
(f) she has at any time been an Australian resident for a continuous period of not less than 10 years.

(2) Where a woman ceases to be qualified to receive a widow's pension as a class A widow by virtue of the operation of sub-section 10 (1), this section applies in relation to that widow as if-
(a) she does not have a dependent child; and
(b) she has ceased to be qualified to receive that pension by reason of the fact that she no longer has a dependent child.

(3) For the purposes of this section, a child shall not be taken to be a dependent child of a woman, being a widow, unless-
(a) the child is a dependent child of the woman; and
(aa) either of the following subparagraphs applies:
(i) the child has not attained the age of 16 years;
(ii) the woman is qualified to receive a child disability allowance in
respect of the child; and
(b) either-
(i) the child was born of that woman; or
(ii) on the day on which the event as a result of which the woman became a widow occurred, the child was a dependent child of the woman.

(4) For the purposes of this section, the event by reason of which a woman became a widow-
(a) in the case of a dependent female-shall be taken to be the death of the man in respect of whom she was a dependent female;
(b) in the case of a deserted wife-shall be taken to be her desertion by her husband; and
(c) in the case of a woman whose husband has been convicted of an offence and imprisoned-shall be taken to be the imprisonment of her husband. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 45
Qualifications for widow's pension outside Australia

SECT

45.*3* (1) Subject to this Act, a widow referred to in paragraph 44 (1) (a), (b) or (c) is qualified to receive a widow's pension if-
(a) she has not resided in Australia at any time since 7 May 1973;
(b) she and her husband or, if she is a dependent female, she and the man in respect of whom she is a dependent female were residing permanently in Australia at the time of the event by reason of which she became a widow; and
(c) she is a person who, in the opinion of the Secretary, is in special need of financial assistance.

(2) For the purposes of sub-section (1), the event by reason of which a woman became a widow has, in a case referred to in a paragraph of sub-section 44 (4), the meaning set out in that paragraph. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 46
Qualification of certain widows

SECT

46.*3* (1) Subject to this Act, a widow referred to in paragraph 44 (1) (a), (b) or (c) is qualified to receive a widow's pension if-
(a) she became a widow by reason of the death of a man;
(b) she was, immediately before the death of that man, receiving-
(i) a wife's pension under Part IV by reason of that man being a person
referred to in sub-section 37 (1) or (2); or
(ii) a wife's service pension under Part III of the Veterans' Entitlements Act 1986; and
(c) she was not in Australia at the time of the death of that man.

(2) Where-
(a) a person becomes qualified to receive widow's pension as a class C widow; (b) but for sub-section (1), the person would not have become so qualified; and
(c) before the expiration of the period during which widow's pension is payable to her as a class C widow, she becomes a class A widow or a class B widow,
the person is qualified to receive widow's pension as a class A widow or as a class B widow, as the case may be. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 47
Condition of entitlement to widow's pension

SECT

47.*3* Where a widow is entitled to claim maintenance from another person for herself or a dependent child, she is not qualified to receive a widow's pension if:
(a) the Secretary considers that it is reasonable that the widow should have taken action to obtain maintenance from the other person; and
(b) she has not taken such action as the Secretary considers reasonable to obtain appropriate maintenance from the other person. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - DIVISION 3
Division 3-Rate of Pensions

SOCIAL SECURITY ACT 1947 - SECT 48
Rate of widow's pension

SECT

48.*3* (1) Subject to this Part, the maximum rate of widow's pension payable to a class A widow or a class B widow is-
(a) in the case of a class A widow-the maximum rate of age or invalid pension specified in paragraph 33 (1) (a) increased by the amount, or amounts, per annum under sub-sections 33 (3) and (4) by which that rate would be increased if those sub-sections were applicable to the widow; or
(b) in the case of a class B widow-the maximum rate of age pension or invalid pension specified in paragraph 33 (1) (a).

(2) Where a class B widow has a dependent child or dependent children, the maximum rate of widow's pension applicable in relation to her is the maximum rate of widow's pension that would be so applicable if she were a class A widow.

(3) The annual rate at which a widow's pension is determined shall be reduced by-
(a) 50% of the aggregate of:
(i) the amount (if any) per annum by which the annual rate of income of
the widow exceeds $2,080; and
(ii) the amount (if any) per annum by which the annual rate of maintenance income of the widow exceeds the annual maintenance free area of the widow; or
(b) an amount per annum equal to 26 times the pension reduction amount (if any) applicable to the widow divided by 250,
whichever is the greater or, if the amounts per annum of the reductions calculated under paragraphs (a) and (b) are the same, by the amount calculated under paragraph (a).

(3A) Where a widow who is qualified to receive a widow's pension has special maintenance income the annual rate of which exceeds the aggregate of:
(a) 50% of the maximum rate of widow's pension applicable to the widow, including any increase applicable under paragraph (1) (a) or section 50; and
(b) the annual maintenance free area of the widow;
the excess shall be disregarded for the purposes of subparagraph (3) (a) (ii).

(4) The rate of widow's pension payable to a class C widow is equal to the amount per annum specified in paragraph 33 (1) (a) and that pension shall be payable-
(a) for a period of not more than 26 weeks immediately after the death of the widow's husband or, in the case of a dependent female, of the man in respect of whom she was a dependent female; or
(b) where the widow is pregnant and the Secretary has no reason to believe that she is pregnant by a person other than her husband or, in the case of a dependent female, the man in respect of whom she was a dependent female-until the birth of the child or other termination of the pregnancy or until the expiration of the period specified in paragraph (a), whichever last occurs.

(5) Where the rate of a widow's pension applicable to a class A widow or a class B widow is to be reduced under sub-section (3) of this section, that sub-section shall be applied first to that part of the rate of that pension that is calculated by reference to paragraph 33 (1) (a), then to the amount of any increase under section 50 and then to that part of the rate of that pension (if any) calculated by reference to sub-section 33 (3) or (4). *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 49
Calculation of income in respect of children

SECT

49.*3* (1) For the purposes of this Part, where a widow has a dependent child, the income of the widow shall be reduced by $624 per annum less the annual amount of any payment (not being a payment under this Act, a payment of maintenance income, a payment under the Veterans' Entitlements Act 1986, a payment under the AUSTUDY scheme or the Assistance for Isolated Children Scheme or a payment in the nature of family allowance) received by the widow for or in respect of the child.

(2) In this section, "payment in the nature of family allowance", in relation to a payment received in respect of a child, means a payment that is similar to a family allowance, being a payment that, by virtue of sub-section 82 (6), prevents a family allowance from being payable in respect of that child. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 50
Rent assistance

SECT

50.*2* and *3* (1) Subject to this Part, this section applies to a widow who is qualified to receive a pension under this Part in respect of any period during which-
(a) the widow pays, or is liable to pay, rent at a rate exceeding $780 per annum; and
(b) the widow is in Australia.

(2) Where this section applies to a widow, the maximum rate of pension under this Part applicable to the widow shall be increased by an amount per annum equal to-
(a) 50% of the amount by which the amount of the annual rent paid, or payable, by the widow exceeds $780; or
(b) $780,
whichever is the lesser amount. *2* Sections 3, 4, 4B, 8, 36, 50, 74, 120, 143 and Schedule 3 are amended by sections 3 (2)-(5),9-20 and Schedule 1 of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988".

*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - DIVISION 4
Division 4-General

SOCIAL SECURITY ACT 1947 - SECT 51
Inmates of benevolent homes

SECT

51.*3* (1) In this section, "pensioner contribution" means an amount per annum equal to the product of 364 and an amount equal to the amount in force, from time to time, for the purposes of sub-paragraph 47 (2) (b) (iii) of the National Health Act 1953, or, if that product is not a multiple of $2.60, the next lower amount that is such a multiple.

(2) If an inmate of a benevolent home, being a class B widow, becomes a pensioner or if a pensioner, being a class B widow, becomes an inmate of a benevolent home, her pension shall, so long as she remains an inmate of a benevolent home, be dealt with as follows:
(a) there shall be paid to the person controlling the benevolent home for the maintenance of the pensioner in the benevolent home so much of that pension as does not exceed the pensioner contribution in relation to her;
(b) the balance (if any) of that pension shall be paid to the pensioner. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 52
Restrictions as to dual pensions

SECT

52.*3* (1) A woman is not entitled to receive at the same time a pension under this Part and:
(a) a pension under Part IV;
(b) a pension under the Seamen's War Pensions and Allowances Act 1940 as a dependant of a deceased Australian mariner;
(c) a pension under Part II of the Veterans' Entitlements Act 1986 as a dependant of a deceased veteran; or
(d) a pension under Part IV of that Act as a dependant of a deceased member of the Forces or of a deceased member of a Peacekeeping Force.

(2) A reference in subsection (1) to a dependant of a deceased person is a reference to a person (not being a child of the deceased person) who is a dependant of the deceased person for the purposes of:
(a) in the case of a reference in paragraph (1) (b)-the Seamen's War Pensions and Allowances Act 1940; or
(b) in the case of a reference in paragraph (1) (c) or (d)-the Veterans' Entitlements Act 1986. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - PART VI
PART VI-SUPPORTING PARENTS' BENEFITS *3* and *7*

*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

*7* Parts IV, V, VI, XIII, XIV and XVI (formerly Parts III, IV, IVAAA, VII, VIIA and VIII)-Section 42 of the Veterans' Entitlements Act 1986 affects the operation of the Social Security Act 1947, as follows:
"42. (1) Notwithstanding anything contained in this Part-
(b) a person is not entitled to receive, at the same time, a service pension and-
(i) a pension under Part III or IV;
(ii) a benefit under Part IVAAA or VII;
(iii) an allowance under Part VIIA; or
(iv) a rehabilitation allowance under Part VIII,
of the Social Security Act 1947;
"(2) In sub-section (1)-
'service pension' includes wife's service pension and carer's service
pension.".

SOCIAL SECURITY ACT 1947 - SECT 53
Interpretation

SECT

53.*3* (1) In this Part, unless the contrary intention appears-
"beneficiary" means a person in receipt of a benefit under this Part;
"supporting parent" means an unmarried person who:
(a) has a dependent child who has not attained the age of 16 years; or
(b) is qualified to receive a child disability allowance in respect of a
dependent child of the person;
but does not include:
(c) a person who is qualified to receive a pension under Part IV or V; or
(d) a woman who, but for the operation of section 144, would be in receipt of a wife's pension under Part IV;
"unmarried person" means-
(a) a person who is not a married person;
(b) a married person whose spouse-
(i) is serving a sentence of imprisonment in connection with the
conviction of the spouse for the commission of an offence; and
(ii) has been so serving that sentence of imprisonment for a continuous period of at least 14 days;
(c) a married person who is living separately and apart from his or her
spouse; or
(d) a married person who is unable to live together with his or her spouse in a matrimonial home by reason of the illness or infirmity of the spouse, being an illness or infirmity that results in the spouse being unable to care for a child and that the Secretary is satisfied is likely to continue indefinitely.

(2) For the purposes of the definition of "supporting parent" in sub-section (1), a child who is being maintained by an unmarried person shall be deemed to be a dependent child of the person if the person had been a person who was not an unmarried person and was, immediately before becoming an unmarried person, maintaining the child.

(3) For the purposes of the definition of "unmarried person" in subsection (1), a spouse who is undergoing a period of custody pending trial or sentencing for an offence is deemed to be a spouse who is serving a sentence of imprisonment in connection with the conviction of the spouse for the commission of an offence.

(4) Division 4 of Part V applies to a beneficiary as if the beneficiary were a pensioner for the purposes of that Part. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 54
Qualifications for benefit

SECT

54.*3* (1) Subject to this Part, a person who is a supporting parent in relation to a child who is a dependent child of the person is qualified to receive a supporting parent's benefit if the person is an Australian resident and is in Australia on the day on which he or she lodges a claim for a supporting parent's benefit and at least one of the following conditions applies in relation to the person:
(a) the child became a dependent child of the person while the person was an Australian resident;
(b) if the person is an unmarried person but had been a person who was not an unmarried person-the person was an Australian resident immediately before becoming an unmarried person;
(c) the person has been an Australian resident for a continuous period of not less than 5 years immediately preceding the day on which he or she lodges that claim for a supporting parent's benefit;
(d) the person has, at any time, been an Australian resident for a continuous period of not less than 10 years.

(2) For the purposes of sub-section (1), a child shall not be taken to be a dependent child of a person unless-
(a) the person is a natural or adoptive parent of the child or has the legal custody of the child; or
(b) in a case where the person is an unmarried person, having previously not been an unmarried person-the person was maintaining the child immediately before the person became an unmarried person. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 55
Condition of entitlement to supporting parent's benefit

SECT

55.*3* Where a supporting parent is entitled to claim maintenance from another person for the supporting parent or a dependent child, the supporting parent is not qualified to receive supporting parent's benefit if:
(a) the Secretary considers that it is reasonable that the supporting parent should have taken action to obtain maintenance from the other person; and
(b) the supporting parent has not taken such action as the Secretary considers reasonable to obtain appropriate maintenance from the other person. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 56
Rate of benefit

SECT

56.*3* (1) Subject to sub-section (2), the rate of a supporting parent's benefit is a rate equal to the rate of widow's pension that would be payable under Part V to the supporting parent if the supporting parent were a class A widow for the purposes of that Part.

(2) The rate of a supporting parent's benefit payable to a supporting parent who is qualified for a supporting parent's benefit by reason of being a person referred to in paragraph (d) of the definition of "unmarried person" in sub-section 53 (1) is a rate equal to the rate of age pension that would be payable to the supporting parent if-
(a) the supporting parent were qualified to receive an age pension;
(b) a direction under sub-section 33 (2) were in force in relation to the supporting parent;
(c) sub-section 33 (12) were applicable to the supporting parent; and
(d) no regard were had to any operation of sub-section 33 (15) in relation to the supporting parent. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 57

SECT

57.*3* * * * * * * *
*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 58
Benefit not payable to 2 persons in respect of one dependent child

SECT

58.*3* (1) Where a child is a dependent child of 2 persons, that child shall, for the purposes of this Part, other than this section, be taken to be a dependent child of one of those persons only.

(2) Where the Secretary is satisfied that a child is a dependent child of 2 persons, the Secretary shall make a determination in writing accordingly.

(3) In a determination under sub-section (2), the Secretary shall specify which of the 2 persons to whom the determination relates is, for the purposes of this Part, to be taken as the person in relation to whom the child to whom the determination relates is a dependent child.

(4) Where the Secretary makes a determination under sub-section (2), the Secretary shall cause the 2 persons to whom the determination relates to be informed of the terms of that determination. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 58A and 58B

SECT

58A and 58B.*3* * * * * *
*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - PART VII
PART VII-PAYMENT OF CERTAIN PENSIONS AND BENEFITS TO PERSONS OUTSIDE

SOCIAL SECURITY ACT 1947 - DIVISION 1
Division 1-Portability of Pensions

SOCIAL SECURITY ACT 1947 - SECT 59
Interpretation

SECT

59.*3* (1) In this Part, unless the contrary intention appears-
"pension" means a pension under Part IV or V or a benefit under Part VI;
"period of residence in Australia", in relation to a person, means the period, or the aggregate of the periods, during which the person has been an Australian resident, other than any period-
(a) during which the person had not attained the age of 16 years; or
(b) after the person, being a woman, had attained the age of 60 years or,
being a man, had attained the age of 65 years.

(2) Where a person who is in receipt of an age pension or an invalid pension is-
(a) a married person whose spouse is in receipt of an age pension or an invalid pension; or
(b) an unmarried person who was formerly a married person where, immediately before the time when the person ceased to be a married person, the person and the person's former spouse were each in receipt of an age pension or an invalid pension, the period of residence in Australia of the person shall, for the purposes of this Part, be taken to be-
(c) in a case to which paragraph (a) applies-the period of residence in Australia of the person or the person's spouse, whichever is the longer; or
(d) in a case to which paragraph (b) applies-the period of residence in Australia of the person, or the period of residence in Australia of the person's former spouse at the time referred to in paragraph (b), whichever is the longer.

(3) For the purposes of this Part-
(a) the period of residence in Australia of a person who is in receipt of a wife's pension shall be taken to be the period of residence in Australia of the person's spouse; and
(b) the period of residence in Australia of a person who is in receipt of a carer's pension shall be taken to be the period of residence in Australia of the person in respect of whom the first-mentioned person is providing constant care and attention.

(4) The period of residence in Australia of a person who is in receipt of a widow's pension and who became qualified to receive that pension by reason of the death of the person's former spouse shall, for the purposes of this Part, be taken to be-
(a) the period of residence in Australia of the person; or
(b) the period of residence in Australia of the person's former spouse, whichever is the longer.

(6) Where the period of residence in Australia of a person would, apart from this sub-section, be a number of whole months, that period of residence in Australia shall, for the purposes of this Part, be increased by one month.

(7) Where the period of residence in Australia of a person would, apart from this sub-section, be a number of whole months and a day or days, that period of residence in Australia shall, for the purposes of this Part, be increased so that it is equal to that number of months plus one month. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 60
Right to be paid pension outside Australia

SECT

60. (1) Except as provided by this Part, the right of a person to commence, or to continue, to be paid a pension granted to him is not affected by the fact that he leaves Australia after the commencement of this Part.

(2) Subject to subsection (3), a carer's pension is not, on or after 1 October 1987, payable to a person who is outside Australia.

(3) Subsection (2) applies to a person who was receiving a carer's pension on 13 May 1987 and was outside Australia on that day as if the reference in that subsection to 1 October 1987 were a reference to 13 May 1988.

SOCIAL SECURITY ACT 1947 - SECT 60A and 60B

SECT

60A and 60B.*3* * * * * *
*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 61
Rate of pension payable outside Australia

SECT

61.*3* (1) Where a person who commences to receive a pension after 1 July 1986 leaves Australia after commencing to receive that pension and is absent from Australia for more than 12 months, the annual rate of pension payable to the person after the end of the period of 12 months after the departure of the person from Australia and while the person is absent from Australia is the rate calculated in accordance with sub-section (3).

(2) Where a person who was absent from Australia on 1 July 1986:
(a) commences after that day to receive a pension by virtue of section 26, subsection 37 (2) or section 45; or
(b) being a person to whom a wife's pension was payable at a rate calculated in accordance with subsection (3), commences to receive a pension by virtue of section 46;
the annual rate of pension payable to the person while the person is absent from Australia is the rate calculated in accordance with subsection (3).

(3) For the purposes of sub-sections (1) and (2), the annual rate of pension payable to a person is the rate calculated in accordance with the formula PQ
300 , where-
P is the annual rate of pension that would be payable to the person apart from this section; and
Q is the number of months of the period of residence in Australia of the person or 300, whichever is the lower number.

(4) Where-
(a) this section applies in relation to a person who is receiving a pension; and
(b) another pension is granted to the person by virtue of section 64, this section continues to apply in relation to the person while the person remains outside Australia.

(5) This section does not apply to-
(a) a person who-
(i) was an Australian resident on 8 May 1985; and
(ii) commences to receive a pension before 1 January 1996,
during any absence of the person from Australia that commenced before 1
January 1996;
(b) a person who-
(i) was an Australian resident on 8 May 1985; and
(ii) is in a country with which Australia does not have an agreement that
affects the operation of this Act;
(c) a person who is receiving an invalid pension that the person became qualified to receive by reason of becoming permanently incapacitated for work or permanently blind while the person was an Australian resident; or
(d) a person who is receiving a widow's pension that the person became qualified to receive under section 44 or 45 by reason of the death of the person's former spouse at a time when the former spouse was an Australian resident. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 62
Pension granted to former resident of Australia etc.

SECT

62. (1) Subject to this section, where-
(a) a person who was formerly an Australian resident again becomes an Australian resident;
(b) before the end of the period of 12 months commencing on the day on which the person again became an Australian resident, that person lodges a claim for a pension; and
(c) that person leaves Australia (whether before or after his claim is determined) before the expiration of that period,
any pension granted as a result of that claim is not payable in respect of any period during which the pensioner is outside Australia.

(2) Where the Secretary is satisfied, in relation to a person referred to in paragraph (1) (a) who has been granted a pension as a result of the claim referred to in paragraph (1) (b), that the person's reason for leaving, or wishing to leave, Australia before the expiration of the period referred to in paragraph (1) (b) arose from circumstances that could not reasonably have been foreseen at the time of his return to, or his arrival in, Australia, the Secretary may decide that sub-section (1) does not apply in relation to that pension.

SOCIAL SECURITY ACT 1947 - SECT 63
Pension payable under Reciprocal Agreement

SECT

63. (1) Except as provided by an agreement set out in a Schedule, a pension payable by virtue of such agreement is not payable in respect of any period during which the pensioner is outside Australia.

(2) Where:
(a) a person is receiving an invalid pension by reason only of the agreements set out in Schedule 1;
(b) immediately before 1 July 1987, the person was receiving such a pension and an allowance by way of rent assistance under section 30A of the Social Security Act 1947 as in force at that time; and
(c) if that section were still in operation, the person would be receiving such an allowance;
the person is, subject to subsection (3), entitled to an allowance under this section at the rate (not exceeding the rate of rent assistance payable to the person immediately before 1 July 1987) equal to the difference between:
(d) the rate of pension payable to the person from time to time or, if that rate is less than the rate of pension that was payable to the person immediately before 1 July 1987, the rate that was so payable; and
(e) the sum of:
(i) the rate of pension that was payable to the person immediately before 1 July 1987; and
(ii) the rate of the allowance by way of rent assistance that was payable
to the person at that time or, if the rate of the allowance by way of rent assistance that would be payable to the person if that section were still in operation is lower, that lower rate.

(3) An allowance under subsection (2) ceases to be payable to a person when the rate referred to in paragraph (2) (d) becomes equal to, or exceeds, the sum of the rates referred to in paragraph (2) (e).

(4) This Act applies to a person to whom an agreement set out in a Schedule on 1 October 1987 applies as if the amendments made by section 29 of the Social Security and Veterans' Entitlements Amendment Act 1987 had not been made.

SOCIAL SECURITY ACT 1947 - SECT 64
Grant of new pension to pensioner outside Australia

SECT

64. (1) Where a person who is outside Australia and who is in receipt of a pension or is in receipt of a service pension, a wife's service pension or a carer's service pension under Part III of the Veterans' Entitlements Act 1986 would, if that pension were cancelled, be eligible, if he were an Australian resident who is in Australia, for the grant of another pension, being a pension within the meaning of this Part, that other pension may, on the cancellation of the pension that he is in receipt of, be granted as if he were an Australian resident who is in Australia.

(2) Subject to sub-section (3), where a pension payable by virtue of a prescribed provision is cancelled, the person who was in receipt of that pension shall not be granted a further pension by virtue of a prescribed provision.

(3) Where a person who is in receipt of a pension by virtue of a prescribed provision would, if that pension were cancelled, be eligiblefor the grant of a pension by virtue of another prescribed provision, thatlast-mentioned pension may, on the cancellation of the first-mentioned pension, be granted and paid to the person.

(4) A reference in sub-section (2) or (3) to a prescribed provision is a reference to section 26 or 29, sub-section 37 (2), sub-paragraph 39 (1) (c) (ii) or section 45.

SOCIAL SECURITY ACT 1947 - DIVISION 2
Division 2-Reciprocal Agreements

SOCIAL SECURITY ACT 1947 - SECT 65
Reciprocal Agreements

SECT

65. (1) In this section, "reciprocal agreement" means an agreement, as amended by further agreements (if any), between the Commonwealth and a foreign country relating to reciprocity in social security matters, being an agreement the text of which is set out in a Schedule.

(2) On and after the day on which a reciprocal agreement enters into force, the provisions of that agreement, in so far as those provisions remain in force and affect the operation of this Act, have effect notwithstanding anything in this Act.

SOCIAL SECURITY ACT 1947 - PART VIII
PART VIII-FUNERAL BENEFITS

SOCIAL SECURITY ACT 1947 - SECT 66
Interpretation

SECT

66.*3* (1) In this Part, unless the contrary intention appears-
"deceased child", in relation to a person, means a deceased person who, at the time of his or her death, was a dependent child in relation to the first-mentioned person;
"deceased pensioner" means-
(a) a deceased person who was, at the time of his death, a pensioner;
(b) a deceased person who had, before his death, lodged a claim for, and
would but for his death have been eligible to receive, an age or invalid pension under Part IV, a pension under Part V or a benefit under Part VI, other than such a deceased person who was, at the time of his death, a prescribed person within the meaning of section 69; or
(c) a deceased person who-
(i) would, but for his death, have been eligible to receive a
sheltered employment allowance under Part XIV; and
(ii) would, if he had lodged a claim for a pension or benefit of the
kind referred to in paragraph (b), have been eligible, but for his death, to receive that pension or benefit,
other than such a deceased person who was, at the time of his death, a
prescribed person within the meaning of section 69;
"deceased spouse", in relation to a person, includes a deceased person who was living with the first-mentioned person as his or her spouse on a bona fide domestic basis, although not legally married to him or her, immediately before the deceased person's death;
"pensioner" means a person-
(a) to whom or in respect of whom there is being paid an age or invalid
pension under Part IV, a pension under Part V or a benefit under Part VI;
(b) who would be eligible to receive a pension or benefit of the kind
referred to in paragraph (a) if the person were not a person to whom or in respect of whom there is being paid a sheltered employment allowance under Part XIV; or
(c) who is receiving a rehabilitation allowance under Part XVI and who,
immediately before becoming eligible to receive that allowance, was eligible to receive a pension or benefit of the kind referred to in paragraph (a) or a sheltered employment allowance under Part XIV,
other than a person who is a prescribed person within the meaning of
section 69.

(2) A reference in this Part to the cost of a funeral shall be read as not including a reference to such portion of the cost of a funeral as the Secretary is satisfied was met, or will be met, by payment from a contributory funeral benefit fund, other than a contributory funeral benefit fund of a friendly society or trade union. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 67
Funeral benefit payable to pensioner

SECT

67. (1) Subject to this Part, where-
(a) a person has paid, or is liable to pay, an amount in respect of the cost of the funeral of-
(i) the deceased spouse of the person;
(ii) a deceased child of the person; or
(iii) a deceased pensioner; and
(b) the first-mentioned person was a pensioner at the time of, or became a pensioner within 6 months after, the death of the deceased person, there is payable to the first-mentioned person in respect of the funeral a funeral benefit of-
(c) $40; or
(d) an amount equal to the amount that he has paid or is liable to pay in respect of the cost of the funeral, whichever is the less.

(2) For the purposes of the application in relation to paragraph (1) (b) of the definition of "pensioner" in sub-section 66 (1), a reference in that definition to an age pension or an invalid pension shall be read as including a reference to a wife's pension or a carer's pension.

(3) Subject to this Part, where-
(a) a person has paid, or is liable to pay, an amount in respect of the cost of the funeral of a deceased pensioner; and
(b) the first-mentioned person was a person in receipt of a service pension under section 38 or 39 of the Veterans' Entitlements Act 1986 at the time of, or became such a person within 6 months after, the death of the deceased person,
there is payable to the first-mentioned person in respect of the funeral a funeral benefit of-
(c) $40; or
(d) an amount equal to the amount that he has paid or is liable to pay in respect of the cost of the funeral,
whichever is the less.

(4) The reference in paragraph (3) (b) to a person in receipt of a service pension does not include a reference to a person in receipt of such a pension who is a prescribed person within the meaning of section 69.

(5) Where the person administering a contributory funeral benefit fund of a trade union or friendly society has paid an amount in respect of the cost of a funeral to the person who conducted the funeral, the Secretary may direct that, for the purposes of this section, the amount shall be deemed to have been paid by a person specified by the Secretary.

SOCIAL SECURITY ACT 1947 - SECT 68
Other funeral benefits

SECT

68.*3* (1) Subject to this Part, there is payable, in respect of the funeral of a prescribed deceased pensioner, a funeral benefit of $20.

(2) In sub-section (1), "prescribed deceased pensioner" means a deceased pensioner, not being a person who-
(a) was, at the time of his death, receiving a pension under Part V or a benefit under Part VI;
(b) would, but for his death, have been eligible to receive a pension or benefit of the kind referred to in paragraph (a); or
(c) was, at the time of his death, receiving a rehabilitation allowance under Part XVI, being a person who was, immediately before he became eligible to receive that allowance, eligible to receive a pension under Part V or a benefit under Part VI.

(3) A payment of a benefit under this section shall be made to the person who has paid or is liable to pay the cost of the funeral or, if the Secretary so directs, to a person specified by the Secretary.

(4) A payment of a funeral benefit under this section shall not be made to a person administering a contributory funeral benefit fund. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 69
Prescribed persons

SECT

69. (1) For the purposes of sections 66 and 67, a reference to a prescribed person shall be read as a reference to-
(a) in a case to which paragraph (b) or (c) does not apply-a person (other than a person who is permanently blind) whose annual rate of income exceeds the prescribed rate of income applicable to the person;
(b) in the case of a person whose annual rate of pension, benefit or allowance is determined under or by reference to paragraph 33 (12) (b) or 48 (3) (b) of this Act, not being a person to whom section 7 of this Act or section 53 of the Veterans' Entitlements Act 1986 applies, not being a person to whom section 7 applies-a person the value of whose property exceeds the prescribed property value applicable to the person; or
(c) in the case of a person whose annual rate of service pension, wife's service pension or carer's service pension under Part III of the Veterans' Entitlements Act 1986 is determined under or by reference to paragraph 47 (5) (b) or 48 (4) (b) of that Act, not being a person to whom section 53 of that Act applies-a person the value of whose property calculated under subsections 35 (12) and (13) and section 50 of that Act, exceeds the prescribed property value applicable to the person under subsection 83 (2) of that Act.

(2) Subject to subsection (3), the prescribed rate of income applicable to a person is:
(a) in the case of an unmarried person-$3,536 per annum; or
(b) in the case of a married person-$2,912 per annum.

(3) Where there is a child who is a dependent child in relation to a person, or there is more than one such child in relation to a person, the prescribed rate of income applicable to the person by virtue of sub-section (2) shall be increased-
(a) if the person is unmarried-by $1,040 per annum; or
(b) if the person is married-by $520 per annum, in respect of each child.

(3A) Notwithstanding subsections (2) and (3), where:
(a) on or after 1 January 1988, the annual rate of income of a person increases so that it exceeds the prescribed rate of income applicable to the person;
(b) immediately before that increase, the annual rate of the person's income did not exceed that prescribed rate of income; and
(c) the amount of that excess is not more than 25% of that prescribed rate of income;
the person is not, while the amount of that excess continues to be not more than 25% of that prescribed rate of income, a prescribed person for the purposes of section 66 or 67 at any time during the period of 13 weeks commencing on the first pension pay day after that increase occurred.

(3B) Where:
(a) subsection (3A) applies to a person; and
(b) the annual rate of income of the person increases so that it exceeds by more than 25% the prescribed rate of income applicable to the person;
the person becomes a prescribed person for the purposes of sections 66 and 67 and subsection (3A) does not apply to the person on a further occasion unless the annual rate of income of the person falls below that prescribed rate of income.

(4) For the purposes of sub-section (1), the prescribed property value applicable to a person is-
(a) in the case of an unmarried person to whom sub-paragraph 4 (1) (a) (i) applies-$86,500;
(b) in the case of any other unmarried person-the amount referred to in paragraph (a) increased by twice the difference between the amount referred to in paragraph 8 (d) and the amount referred to in paragraph 8 (c);
(c) in the case of a married person to whom sub-paragraph 4 (1) (a) (ii) applies-$62,250; or
(d) in the case of any other married person-the amount referred to in paragraph (c) increased by the difference between the amount referred to in paragraph 8 (d) and the amount referred to in paragraph 8 (c).

(5) In this section, "income" includes, in the case of a person to whom section 7 of this Act or section 53 of the Veterans' Entitlements Act 1986 applies, any amount per annum that is taken into account under subsection (3) of that section in relation to the person.

SOCIAL SECURITY ACT 1947 - SECT 70
Benefit payable only once in respect of the same funeral

SECT

70. (1) Subject to sub-section (2), a funeral benefit under this Part shall not be paid in respect of a funeral if a funeral benefit in respect of that funeral has been paid under this Part or under Part VI of the Veterans' Entitlements Act 1986.

(2) A funeral benefit may be paid under section 67 in respect of a funeral notwithstanding that a funeral benefit in respect of that funeral has been paid under section 68, but there shall be deducted from the first-mentioned funeral benefit the amount of the funeral benefit paid under section 68.

SOCIAL SECURITY ACT 1947 - SECT 71
Claims for benefit

SECT

71. A payment of a funeral benefit under this Part in respect of a funeral of a person shall not be made unless a claim for the benefit is made within 6 months after the death of the person or within such longer period after that death as the Secretary, in special circumstances, allows.

SOCIAL SECURITY ACT 1947 - PART IX
PART IX-FAMILY ALLOWANCE SUPPLEMENT

SOCIAL SECURITY ACT 1947 - SECT 72
Interpretation

SECT

72. (1) In this Part, unless the contrary intention appears:
"allowance" means family allowance supplement under this Part;
"allowance pay day" means Thursday, 17 December 1987 and each succeeding alternate Thursday;
"allowance period" means a period during which an allowance is payable in accordance with subsection 76 (1);
"base year of income", in relation to a person at a particular time, means the year of income of the person that ended in the preceding calendar year;
"compensation payment" means a payment under section 19, 20, 21, 22 or 31 of the Commonwealth Employees' Rehabilitation and Compensation Act 1988 or section 5 of the Seamen's Compensation Act 1911;
"income threshold", in relation to a person at a particular time, means:
(a) if the person has only one dependent child at that time-$15,600; or
(b) if the person has more than one dependent child at that time-the
amount worked out using the formula;
$15,600 + ($624 x (D-1))
where:
D is the number of dependent children of the person;
"notifiable event", in relation to a person, means an event:
(a) that is specified in a notice given to the person under subsection 163 (1) relating to the payment of an allowance; and
(b) that is described in that notice as a notifiable event for the
purposes of this section;
"relevant taxable income" for a year of income means:
(a) in relation to an unmarried person at a particular time-the amount
that is at that time the taxable income of the person for the year of income;
(b) in relation to a married person at a particular time-the sum of:
(i) the amount that is at that time the taxable income of the person
for the year of income; and
(ii) the amount that is at that time the taxable income of the person's spouse for the year of income;
"year of income", has the same meaning as in the Income Tax Assessment Act 1936.
(2) For the purposes of this section, the amount of the taxable income of a person for a year of income of the person shall be taken to be, at a particular time:
(a) if, at that time, the Commissioner of Taxation has, for the purposes of the Income Tax Assessment Act 1936, made an assessment or an amended assessment of the taxable income of the person for the year of income-the amount of the assessment, or the amended assessment, as the case may be;
(b) if paragraph (a) does not apply but either:
(i) the year of income has not ended; or
(ii) the Secretary is satisfied:
(A) that the person is not required to lodge a return of income in
relation to the year of income; or
(B) that the person has lodged, or proposes to lodge, a return of income in relation to the year of income;
for the purposes of the Income Tax Assessment Act 1936;
an estimate, or the most recent estimate, of the person's taxable income
within the meaning of the Income Tax Assessment Act 1936 for the year of income made by the person or by the person's spouse and notified in writing to the Department or an officer; or
(c) in any other case-an unascertainable amount.

SOCIAL SECURITY ACT 1947 - SECT 73
Qualification to receive allowance

SECT

73.*3* (1) Subject to this Part, a person who:
(a) is not receiving, and whose spouse is not receiving:
(i) a payment under Part IV, V, VI, XIII, XIV or XVI;
(ii) any other periodic payment under a law of the Commonwealth, other
than a compensation payment, or under a scheme administered by the Commonwealth that provides for increases in rate in respect of a child of a person; or
(iii) a payment under the law of a foreign country that is similar in
character to a payment referred to in subparagraph (i) or (ii); and
(b) is receiving a family allowance in respect of a child or whose spouse is outside Australia and is receiving a family allowance in respect of a child;
is, if the person and the child are in Australia, qualified to receive an allowance, to be known as family allowance supplement, in respect of the child.
(2) A person is not qualified to receive an allowance in respect of a child if subsection 13 (1) of the Income Tax Rates Act 1986 applies or applied in relation to the last year of income of the child.
(3) In this section:
"last year of income", in relation to a child in relation to a particular time, means the year of income of the child that ended on 30 June in the preceding calendar year;
"year of income" has the same meaning as in the Income Tax Assessment Act 1936. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 74
Rate of allowance

SECT

74.*2* (1) Subject to this section, the rate of an allowance payable to a person who is qualified to receive an allowance in respect of a child is:
(a) if the child is under 13 years-$24 per week;
(b) if the child has attained the age of 13 years but is under the age of 16 years-$31 per week; or
(c) if the child is a student child but is not a prescribed student child-$17 per week;
(2) Subject to this section, where:
(a) an allowance is payable to a person;
(b) the person has a dependent child who is under the age of 16 years; and
(c) the person pays or is liable to pay rent at a rate exceeding $15 per week;
the total amount of allowances payable to that person shall be increased by $15 per week or 50% of the amount by which the weekly rent paid or payable by the person exceeds $15, whichever is the lesser amount.

(6) Where the amount of an allowance payable to a person in respect of a fortnight would include 0.5 cent, that amount shall be increased by 0.5 cent.

(7) For the purposes of the application of subsection (2) to a married person who is living with his or her spouse in their home, any rent paid or payable by the spouse shall be taken to be paid or payable by the person. *2* Sections 3, 4, 4B, 8, 36, 50, 74, 120, 143 and Schedule 3 are amended by sections 3 (2)-(5),9-20 and Schedule 1 of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 74A
Assets test

SECT

74A. (1) An allowance is not payable to a person if the value of the property of the person exceeds $300,000.

(2) For the purposes of the application of subsection (1) in relation to a married person, the value of the property of the person shall be taken to include the value of the property of the person's spouse.

SOCIAL SECURITY ACT 1947 - SECT 74B
Reduction of rate by reference to taxable income

SECT

74B. (1) Subject to this section, where:
(a) a person who has lodged a claim for an allowance is qualified to receive an allowance; and
(b) the relevant taxable income of the person for the base year of income of the person exceeds the income threshold in relation to the person;
the rate per week of the allowance payable to the person during the allowance period is the rate per week worked out using the formula:

MR - ( EIB)
( 104)
where:
MR is the maximum rate per week of the allowance that could be payable to the person;
EIB is the amount by which the relevant taxable income of the person for the base year of income exceeds the income threshold in relation to the person.
(2) Where:
(a) a notifiable event occurs in relation to a person who is receiving an allowance; and
(b) the relevant taxable income of the person for the year of income in which the notifiable event occurs (in this subsection called the "current year of income") exceeds 125% of each of:
(i) the relevant taxable income of the person for the base year of
income; and
(ii) the income threshold in relation to the person;
the rate per week of the allowance payable to the person during the remainder of the allowance period is the rate per week worked out using the formula:

MR - ( EIC)
( 104)
where:
MR is the maximum rate per week of the allowance that could be payable to the person;
EIC is the amount by which the relevant taxable income of the person for the current year of income exceeds 125% of the income threshold in relation to the person.
(3) Where:
(a) a person's rate of allowance has been reduced from the maximum rate per week of the allowance that could be payable to the person because of subsection (1) or (2);
(b) the person makes a request in writing, in accordance with a form approved by the Secretary, that this subsection apply to the person; and
(c) the relevant taxable income of the person for the year of income in which the request is made (in this subsection called the "current year of income") is at least 25% less than the relevant taxable income of the person for the base year of income;
the rate per week of the allowance payable to the person during the remainder of the allowance period starting from the first applicable allowance pay day is:
(d) if the relevant taxable income of the person for the current year of income is less than the income threshold in relation to the person-the maximum rate per week that could be payable to the person; or
(e) in any other case-the rate per week worked out using the formula:

MR - ( EIC)
( 104)
where:
MR is the maximum rate per week of the allowance that could be payable to the person;
EIC is the amount by which the relevant taxable income of the person for the current year of income exceeds 125% of the income threshold in relation to the person.
(4) Where the rate per week of the allowance payable to a person in a calendar year has been worked out under this section, the rate per week of the allowance payable to the person does not have to be worked out again during that calendar year unless:
(a) the person makes a request under subsection (3); or
(b) the person notifies the Department or an officer of the occurrence of a notifiable event in relation to the person.

(5) Where:
(a) in determining the rate at which an allowance is payable to a person, regard was had to a relevant taxable income of the person that was worked out by reference to a taxable income of the person or the person's spouse that was an amount estimated by the person;
(b) the Commissioner of Taxation makes an assessment of that taxable income; and
(c) the estimated amount is less than 75% of the amount of the Commissioner's assessment;
then, in relation to each payment of allowance made to the person during the allowance period but on or after the date of the determination, so much of the payment as exceeds the amount that would have been the amount of the payment if the estimated amount had been equal to the amount of the Commissioner's assessment shall be taken to be an amount of allowance that should not have been paid to the person for the purposes of subsection 246 (2).

(6) Where:
(a) during a year of income in relation to a person (in this subsection called the "relevant year of income"), a notifiable event occurred in relation to the person;
(b) the person failed to comply with section 163 in relation to that notifiable event;
(c) after the Commissioner of Taxation makes an assessment or assessments for the purposes of the Income Tax Assessment Act 1936 of the taxable income, for the relevant year of income, of the person, of the person's spouse, or of each of them, the relevant taxable income of the person for the relevant year of income (in this subsection called the "later relevant taxable income") is more than 125% of the amount of the relevant taxable income, at the time of the notifiable event, of the person for the year of income that was at that time the base year of income of the person (in this subsection called the "earlier relevant taxable income"); and
(d) the Secretary is satisfied that the difference between the amounts of the earlier relevant taxable income and the later relevant taxable income is directly attributable to the notifiable event;
then, in relation to each payment of allowance made to the person during the allowance period but on or after the date of the notifiable event, so much of the payment as exceeds the amount that would have been the amount of the payment if the earlier relevant taxable income had been equal to the later relevant taxable income shall be taken to be an amount of allowance that should not have been paid to the person for the purposes of subsection 246 (2).

(7) In this section:
"first applicable allowance pay day", in relation to a person who makes a request under subsection (3), means:
(a) if the request is made within 60 days after the person is notified of
the decision to reduce the person's rate of allowance as mentioned in paragraph (3) (a):
(i) if the decision was made on an allowance pay day-that day; or
(ii) in any other case-the first allowance pay day after the day when
the decision was made; or
(b) where paragraph (a) does not apply:
(i) if the request is made on an allowance pay day-that day; or
(ii) in any other case-the first allowance pay day after the day when
the request is made.

SOCIAL SECURITY ACT 1947 - SECT 74C
No allowance payable where taxable income is unascertainable

SECT

74C. An allowance is not payable to a person if:
(a) the taxable income of the person, or of the person's spouse (if any), for the base year of income is an unascertainable amount; or
(b) where, under subsection 74B (2) or (3), the rate per week of the allowance payable to the person has been worked out by reference to the relevant taxable income of the person for a year of income other than the base year of income-the taxable income of the person, or of the person's spouse (if any), for that other year of income is or becomes an unascertainable amount.

SOCIAL SECURITY ACT 1947 - SECT 74D
Indexation of assets and income thresholds

SECT

74D. (1) In this section:
"index number", in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;
"indexation amount" means:
(a) the amount of $300,000 specified in subsection 74A (1); or
(b) the amount of $15,600 specified in paragraphs (a) and (b) of the
definition of "income threshold" in subsection 72 (1);
"index year" means the period of 12 months commencing on 1 January 1990 and each succeeding period of 12 months.

(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.

(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to the index number published in terms of the new reference base.

(4) Where the factor ascertained under subsection (5) in relation to an index year is greater than one, this Act has effect as if for each indexation amount there were substituted, on the first day of the index year, an amount calculated by multiplying by that factor:
(a) in a case to which paragraph (b) does not apply-the indexation amount; or (b) if, because of another application or other applications of this section, this Act has effect as if another amount or other amounts were substituted for the indexation amount-the substituted amount or the last substituted amount.

(5) The factor to be ascertained for the purposes of subsection (4) in relation to an index year is the number (calculated to 3 decimal places) ascertained by dividing the index number for the July quarter immediately preceding the index year by the index number for the July quarter immediately preceding the first-mentioned July quarter.

(6) Where the factor ascertained in accordance with subsection (5) in relation to an index year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained in accordance with that subsection in relation to that index year shall be taken to be the factor calculated to 3 decimal places in accordance with subsection (5) and increased by 0.001.

(7) Where:
(a) apart from this subsection, the application of this section would result in an amount (in this subsection called the "substituted amount") being substituted for an indexation amount; and
(b) the substituted amount is not a multiple of $250; the following provisions have effect:
(c) if the substituted amount is a multiple of $125, the substituted amount shall be increased by $125;
(d) if the substituted amount is not a multiple of $125, the substituted amount shall be increased or reduced to the nearest multiple of $250.

SOCIAL SECURITY ACT 1947 - SECT 75
Claim for allowance

SECT

75. (1) Where:
(a) an allowance is payable to a person; and
(b) the person lodges another claim for an allowance during the allowance period;
that other claim shall be taken to be lodged on the day after the last day of the allowance period.

(2) Where:
(a) a person has been paid an allowance during the whole or a part of an allowance period; and
(b) the person lodges another claim for an allowance within the period of 4 weeks after the end of that allowance period;
the other claim shall be taken to have been lodged on the day after the last day of that allowance period.

SOCIAL SECURITY ACT 1947 - SECT 76
Payment of allowance

SECT

76. (1) Subject to this Part, where a claim by a person for an allowance is granted, the allowance shall be paid during the period starting on the day when the claim was lodged and ending on the next 31 December, and shall start to be paid from the first allowance pay day after the day before the day on which the claim was lodged.

(2) Where:
(a) a person or the person's spouse ceases, on or after 17 December 1987, to receive periodic payments under a law of the Commonwealth other than compensation payments or under a scheme administered by the Commonwealth that provides for an increase in rate in respect of a child of the person;
(b) the person lodges a claim for an allowance in respect of that child before the end of 6 weeks after ceasing to receive those payments; and
(c) the person was qualified to receive an allowance in respect of that child on the day on which those payments ceased;
the claim shall be taken to have been lodged on the day after the day on which those payments ceased.

SOCIAL SECURITY ACT 1947 - SECT 77
Cessation of allowance

SECT

77. (1) If a person to whom an allowance is payable in respect of a child ceases to be qualified to receive an allowance in respect of the child, the allowance ceases to be payable to the person in respect of the child in respect of any period after the allowance pay day before the day on which the person so ceased.

(2) If the total amount of allowances payable to a person is increased under subsection 74 (2) and the person ceases to be a person to whom that subsection applies, the increase ceases to be payable to the person in respect of any period after the allowance pay day before the day on which the person so ceased.

SOCIAL SECURITY ACT 1947 - SECT 78
Sharing of allowance between 2 persons

SECT

78. (1) An allowance is not payable to more than one person in respect of the same child except in accordance with this section.

(2) If 2 persons are each qualified to receive, and have claimed, an allowance in respect of the same child, the Secretary shall:
(a) decide that the allowance is payable to one of those persons; or
(b) decide that the allowance is to be shared between those persons in a manner decided by the Secretary.

(3) Where the Secretary makes a decision under subsection (2), the Secretary shall inform the persons to whom the decision relates in writing of the details of the decision.

SOCIAL SECURITY ACT 1947 - PART X
PART X-FAMILY ALLOWANCE

SOCIAL SECURITY ACT 1947 - SECT 79
Interpretation

SECT

79. (1) In this Part, unless the contrary intention appears-
"claimant" means a person or institution claiming a family allowance;
"family allowance" means a family allowance under this Part, and includes a share in such an allowance payable by virtue of a direction in force under section 86;
"family allowance pay day" means Thursday, 29 December 1988 and each succeeding alternate Thursday;
"institution" means a charitable or religious institution or organization (including a charitable institution or organization maintained by the Commonwealth or a State or the Northern Territory) approved by the Secretary, but does not include a mental hospital maintained by the Commonwealth or a State or the Northern Territory or mainly dependent upon financial assistance from the Commonwealth or a State or the Northern Territory;
"person" does not include an institution;
"prescribed educational scheme" means-
(a) the AUSTUDY scheme;
(b) the Assistance for Isolated Children Scheme;
(c) the Aboriginal Secondary Assistance Scheme;
(d) the Aboriginal Study Assistance Scheme;
(e) the Veterans' Children Education Scheme; or
(f) the Post-Graduate Awards Scheme;
"training agreement" means an agreement or arrangement under which-
(a) a person (in paragraph (b) called "the trainee") is to pursue a
course of study or training or both, or an amount is to be paid to another person in the event of a person (in paragraph (b) also called "the trainee") failing to pursue a course of study or training or both; and
(b) the trainee is to remain or engage in employment as set out in the
agreement or arrangement, or an amount is to be paid to another person in the event of the trainee failing to remain or engage in employment as set out in the agreement or arrangement,
and includes any agreement or arrangement that has, either directly or
indirectly, a like purpose or effect.

(2) A person (not being a person who is receiving, at a school or college, education of a class or kind that, in the opinion of the Secretary, is secondary education) who-
(a) is in receipt of payments by way of wages, salary or allowance from another person; and
(b) is a party to a training agreement with the other person,
shall be deemed to be in employment for the purposes of this Part.

(3) The Secretary may, having regard to the nature of, and the amount earned or to be earned and the time occupied or to be occupied in, any employment or work or any intended employment or work, decide that the employment or work shall not be taken into account, or that the intended employment or work shall not, when begun, be taken into account, in determining whether or not, for the purposes of sub-section (6), a person is or was in employment or engaged in work on his own account.

(4) The Secretary may, having regard to the nature of the employment or work of persons included in a class of persons, decide that that employment or work shall not be taken into account in determining whether or not, for the purposes of sub-section (6), any person included in that class of persons is or was in employment or engaged in work on his own account.

(5) Where a husband has a dependent child, that child, except where a family allowance is not payable to the wife of that husband in respect of that child by reason other than that the child is not a dependent child in relation to her, shall be deemed, for the purposes of this Part, to be a dependent child of the wife and not of the husband.

(6) For the purposes of this Part, a child shall not be taken to be a student child if the child is in employment or is engaged in work on his or her own account.

(7) Where a child is an inmate of a mental hospital maintained by the Commonwealth or a State or the Northern Territory or mainly dependent upon financial assistance from the Commonwealth or a State or the Northern Territory and a person is making a reasonable contribution towards the expenses of maintaining that child-
(a) the Secretary may, in the discretion of the Secretary, determine that, for the purposes of this Part, that child shall be deemed to be a dependent child of that person; or
(b) if that person is a husband, the Secretary may, in the discretion of the Secretary, determine that, for the purposes of this Part, that child shall be deemed to be a dependent child of the wife of that person and not of that person.

SOCIAL SECURITY ACT 1947 - SECT 81
Payments under certain education schemes

SECT

81. Where the Secretary is satisfied that payments under a prescribed educational scheme are being or will be made to or in respect of a student child, other than a child by reference to whom the rate of those payments is increased, the Secretary shall decide that family allowance in respect of that child ceases to be payable as from a family allowance pay day specified in the decision (whether before or after the making of the decision), not being a day before-
(a) in the case of the Veterans' Children Education Scheme, the AUSTUDY scheme, the Assistance for Isolated Children Scheme, the Aboriginal Study Assistance Scheme or the Post-Graduate Awards Scheme-1 January 1987; or
(b) in any other case-1 January 1988,
and, where such a decision is made, family allowance ceases to be payable in respect of that child as from that day.

SOCIAL SECURITY ACT 1947 - SECT 82
Qualification for family allowance

SECT

82. (1) A person is qualified to receive family allowance in respect of a child if, and only if, the following conditions are satisfied:
(a) the child is a dependent child of the person;
(b) both the person and the child are persons to whom this section applies;
(c) family allowance is not payable to an institution in respect of the child.

(2) An institution is qualified to receive family allowance in respect of a child if, and only if, the following conditions are satisfied:
(a) the child is an inmate of the institution;
(b) the child is a person to whom this section applies.

(3) This section applies to a person if the person is:
(a) an Australian resident; or
(b) a dependent child of an Australian resident who is living with the Australian resident.

(6) Where a person has a dependent child who is outside Australia, the dependent child (in this sub-section referred to as "the excluded child") of the person shall be deemed not to be a person to whom this section applies during any period for which a payment that is similar to a family allowance has been, or is being, made by a foreign country to the person in respect of the excluded child, but, where a family allowance would, but for this sub-section, be payable in respect of the excluded child, a family allowance payable to the person in respect of any other dependent child of the person is, subject to section 91, payable at the rate that would be applicable if a family allowance were payable in respect of the excluded child.

SOCIAL SECURITY ACT 1947 - SECT 83

SECT

83.*3* * * * * * *
*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 84
Family allowance not payable in respect of certain student children

SECT

84. (1) Subject to sub-section (2), a family allowance shall not, on or after 1 November 1985, be paid in respect of a child who is over the age of 18 years.

(2) Subject to section 81, sub-section (1) does not apply in respect of a child if-
(a) a person would, but for sub-section (1), be eligible to receive a family allowance supplement, a double orphan's pension or a child disability allowance in respect of the child;
(b) a person is receiving a prescribed pension the rate of which is increased by reference to the child; or
(c) the person, or the spouse of the person, who would, but for sub-section (1), be receiving a family allowance in respect of the child would not, if the person or spouse, not being in receipt of a family allowance supplement, were to lodge a claim for a family allowance supplement, be precluded, by the operation of section 74B or 74C, from receiving a family allowance supplement;

SOCIAL SECURITY ACT 1947 - SECT 85
Income test for family allowances

SECT

85. (1) In this section:
"last year of income", in relation to a person in relation to a particular time, means the year of income of the person that ended on 30 June in the preceding calendar year;
"income threshold", in relation to a person in relation to a particular time, means the sum of:
(a) $50,000; and
(b) if a family allowance would, apart from this subsection, be payable to the person at that time in respect of more than one child-$2,500 multiplied by one less than the number of those children;
"taxable income" has the same meaning as in the Income Tax Assessment Act 1936;
"year of income" has the same meaning as in the Income Tax Assessment Act 1936.

(2) A reference in this section to the taxable income of a person for a particular year of income, being a person who is a married person, is a reference to the sum of the taxable income of the person for that year of income and the taxable income of the person's spouse for that year of income.

(3) Subject to subsection (4), where:
(a) apart from this section, a family allowance would be payable to a person in respect of a child or children on a family allowance pay day; and
(b) the taxable income of the person for the last year of income of the person exceeds the income threshold in relation to the person;
the total amount of family allowances that would, apart from this section, be payable to the person in respect of that child or those children on that family allowance pay day shall be reduced by an amount equal to one twenty-sixth of 25% of the excess referred to in paragraph (b).

(4) Where the amount calculated under subsection (3) is not a multiple of 5 cents, that amount shall be reduced to the nearest multiple of 5 cents.

(5) The reference in subsection (3) to the total amount of family allowances that would, apart from this section, be payable to a person in respect of a child or children does not include a family allowance payable to the person in respect of a child if the circumstances referred to in a paragraph of subsection 84 (2) are applicable in relation to the child.

(7) Where:
(a) subsection (3) applies to a person;
(b) the person makes a request in writing in accordance with a form approved by the Secretary that this subsection apply to the person; and
(c) the taxable income of the person for the year of income following the last year of income of the person is, or is likely to be, at least 25% less than the taxable income of the person for that last year of income;
that following year of income shall be used in calculating the total amount of family allowances payable to the person under subsection (3) during the period commencing on:
(d) if the request is received on a family allowance pay day-the day on which the request is received; or
(e) in any other case-the first family allowance pay day after the day on which the request is received;
and ending on 31 December in the calendar year in which the request is received.

(9) Where:
(a) a family allowance is payable to an unmarried person in respect of a child; and
(b) the person becomes a married person;
subsection (2) does not apply to the person until the commencement of the calendar year following the day on which the person became a married person.

SOCIAL SECURITY ACT 1947 - SECT 85A
Indexation of family allowance income test

SECT

85A. (1) In this section:
"indexation amount" means the amounts specified in the definition of "income threshold" in subsection 85 (1);
"index number", in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;
"index year" means:
(a) the period commencing on 29 December 1988 and ending on the last
family allowance pay day in 1989; and
(b) any subsequent period commencing on the first family allowance pay day in a calendar year and ending on the last family allowance pay day in the calendar year.

(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.

(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to the index number published in terms of the new reference base.

(4) Where the factor ascertained under subsection (5) in relation to an index year is greater than one, section 85 has effect as if for each indexation amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:
(a) in a case to which paragraph (b) does not apply-the indexation amount; or (b) if, by virtue or another application or other applications of this section, section 85 has effect as if another amount or amounts were substituted for that indexation amount-the substituted amount or the last substituted amount.

(5) The factor to be ascertained for the purposes of subsection (4) in relation to an index year is the number (calculated to 3 decimal places) ascertained by dividing the index number for the June quarter immediately preceding that index year by the index number for the June quarter immediately preceding that first-mentioned June quarter.

(6) Where the factor ascertained in accordance with subsection (5) in relation to an index year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained in accordance with that subsection in relation to that year shall be taken to be the factor calculated to 3 decimal places in accordance with that subsection and increased by 0.001.

(7) Where, apart from this subsection, the application of this section would result in an indexation amount being increased to an amount including a number of cents, the last-mentioned amount shall be increased to the nearest whole dollar.

SOCIAL SECURITY ACT 1947 - SECT 86
Sharing of family allowance between 2 persons

SECT

86. (1) In spite of any other provision of this Part, family allowance is not payable to 2 persons in respect of the same child on the same family allowance pay day except in accordance with this section.

(2) Where the Secretary is satisfied that 2 persons are each qualified to receive a family allowance in respect of the same child, the Secretary shall make a declaration accordingly.

(3) Where a declaration is in force under sub-section (2), the family allowance in respect of a child to whom the declaration relates shall be shared between the 2 persons to whom the declaration relates in accordance with a direction given by the Secretary specifying the share that each person is to receive.

(4) Where the Secretary gives a direction under sub-section (3), he shall inform the persons who are to share a family allowance in accordance with the direction accordingly.

SOCIAL SECURITY ACT 1947 - SECT 87
Payment of family allowance

SECT

87. Family allowance is payable to a person or an institution in respect of a child on each family allowance pay day on which the person or institution is qualified to receive family allowance in respect of the child.

SOCIAL SECURITY ACT 1947 - SECT 88
Amount of family allowance

SECT

88. (1) The amount of family allowance payable to a person in respect of a child on a family allowance pay day occurring on or after 29 December 1988 and before 1 July 1989 is as follows:
(a) where the child is the only child in respect of whom family allowance is payable, or where there are 2 or more such children and the child is the elder or eldest of them, the amount payable is $9.80;
(b) where there are 2 or more children in respect of whom family allowance is payable and the child is the younger or second eldest of them, the amount payable is $13.95;
(c) where there are 3 children or more in respect of whom family allowance is payable and the child is the third or fourth eldest of them, the amount payable is $16.70;
(d) where there are 5 or more children in respect of whom family allowance is payable and the child is not one of the 4 eldest of them, the amount payable is $19.55.

(2) The amount of family allowance payable to a person in respect of a child on a family allowance pay day occurring after 1 July 1989 is as follows:
(a) where the child is the only child is respect of whom family allowance is payable, or where there are 2 or more such children and the child is the elder or eldest of them, the amount payable is $10.55;
(b) where there are 2 or more children in respect of whom family allowance is payable and the child is the younger or second eldest of them, the amount payable is $15.05;
(c) where there are 3 or more children in respect of whom family allowance is payable and the child is the third or fourth eldest of them, the amount payable is $18.00;
(d) where there are 5 or more children in respect of whom family allowance is payable and the child is not one of the 4 eldest of them, the amount payable is $21.05.

(3) The amount of family allowance payable to an institution in respect of a child on a family allowance pay day occurring on or after 29 December 1988 and before 1 July 1989 is $16.70.

(4) The amount of family allowance payable to an institution in respect of a child on a family allowance pay day occurring after 1 July 1989 is $18.

(5) Subsections (6) and (7) apply to a person where, on a family allowance pay day:
(a) family allowance is payable to the person in respect of 3 or more children; and
(b) at least 3 of those children were born during the same multiple birth and are under the age of 6 years.

(6) If the family allowance pay day occurs on or after 29 December 1988 and before 1 July 1989, the total amount of family allowance payable to the person on that day shall be increased by:
(a) where the number of the children born during the same multiple birth is 3-$64.30; and
(b) where the number of the children born during the same multiple birth is 4 or more-$85.75.

(7) If the family allowance pay day occurs after 1 July 1989, the total amount of family allowance payable to the person shall be increased by:
(a) where the number of the children born during the same multiple birth is 3-$69.25; and
(b) where the number of the children born during the same multiple birth is 4 or more-$92.35.

SOCIAL SECURITY ACT 1947 - SECT 91
Adjustment of rates in certain circumstances

SECT

91. In respect of any period during which a person to whom family allowance has been granted has a dependent child in respect of whom family allowance is not payable (in this section referred to as "the excluded child"), the Secretary may, if he thinks fit, authorize payment, in respect of every child in respect of whom family allowance is payable, of family allowance at the rate that would be applicable-
(a) if the excluded child were a child in respect of whom family allowance is payable; and
(b) where the excluded child is not older than every child in respect of whom family allowance is payable-if the excluded child were older than every such child.

SOCIAL SECURITY ACT 1947 - SECT 92
Notification of certain events

SECT

92.*8* Where a dependent child of a person to whom family allowance has been granted-
(a) ceases to be a dependent child of that person;
(b) ceases to be in Australia; or
(c) dies,
that person shall, within 14 days after the occurrence of that event, notify the Department accordingly.
Penalty: $40. *8* Sections 92, 98, heading to Division 7 of Part XIII, sections 132 and 133 (formerly sections 104A, 105E, heading to Division 7 of Part VII, sections 130 and 130A) are amended by section 45 and Schedule 1 and affected by section 48 of the Social Security Legislation Amendment Act 1983. Sections 45 and 48 and Schedule 1 provide as follows:
"45. The Principal Act is amended as set out in Schedule 1.
"48. (1) In this section-
'prescribed provision' means section 30B, 45, 65B, 74, 83AAH, 104A, 105E,
105P, 130, 130A or 133L of the Principal Act;
'relevant event' means an event or change of circumstances notice of which is to be given under a prescribed provision.
"(2) Anything done under, in pursuance of, or for the purposes of, a
provision of the Principal Act amended or repealed by this Part has effect after the amendment or repeal as if it had been done under, in pursuance of, or for the purposes of-
(a) in the case of an amended provision-the provision as so amended; or
(b) in the case of a repealed provision-the corresponding provision of the
Principal Act as amended by this Act.
"(3) Subject to sub-section (5), where the Director-General gives a notice
under sub-section 135TE (1) requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is not required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall not apply to that person after that time.
"(4) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall continue to apply to that person in respect of the event, but shall not otherwise apply to that person after that time.
"(5) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of an increase of that person's income in a period as compared to his income as last specified by him under the Principal Act and that person, if he had such an increase in a period (in this sub-section referred to as the 'current period') that includes the time the notice is given, would be required by a prescribed provision to notify an officer of the increase-
(a) the prescribed provision shall continue to apply in respect of the
current period, but shall not otherwise apply to that person after that time;
and
(b) the notice shall apply only in respect of increases of that person's
income in periods commencing after the current period.
"(6) Nothing in sub-section (3), (4) or (5) affects any liability or penalty
incurred by a person under a prescribed provision before the notice under sub-section 135TE (1) is given to that person.
"(7) In relation to offences committed after the day on which this Act
receives the Royal Assent, each prescribed provision has effect, until it is repealed by this Act, as if '$40' were omitted and '$500' were substituted.
"(8) Sub-section 139 (1A) of the Principal Act as amended by this Part does
not apply in relation to an offence committed before the commencement of that sub-section.
"(9) For the purposes of this section, a notice under sub-section 135TE (1)
shall be deemed to have been given on the date of the notice.
"SCHEDULE 1
Section 45 NOTIFICATION PROVISIONS
------------------------------------------------------------------------------ -- Item Provision Amendment
------------------------------------------------------------------------------ -- * * * *
10 Section 104A ................... Repeal the section.
11 Section 105E ................... Repeal the section.
12 (NOTE) Section 105P ................... Repeal the section.
13 Heading to Division 7 of Part VII
Omit the heading.
14 Section 130 ................... Repeal the section.
15 Section 130A ................... Repeal the section.
* * * *.".
------------------------------------------------------------------------------ -- Sub-section 2 (10) of the Social Security Legislation Amendment Act 1983
provides as follows:
"(10) The amendments of the Principal Act made by the items enumerated in
Schedule 1 shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation, and section 45 shall come into operation accordingly.".
The amendments made by items 1-9 and 16 came into operation on 1 July 1987
(see Gazette 1987, No. S146, p. 1). As at 1 January 1989 no date had been fixed for the commencement of items 10-15 and these amendments are not incorporated in this reprint.
NOTE-Section 111 (formerly section 105P) was repealed by the Social Security
and Veteran's Entitlements Amendment Act (No. 2) 1987 before a date was fixed for the commencement of the proposed amendment.

SOCIAL SECURITY ACT 1947 - SECT 93
Application of family allowance

SECT

93. A family allowance shall be applied, by the person, institution or authority to whom it is payable, to the maintenance, training and advancement of the child in respect of whom it is granted.

SOCIAL SECURITY ACT 1947 - PART XI
PART XI-DOUBLE ORPHANS' PENSIONS

SOCIAL SECURITY ACT 1947 - SECT 94
Interpretation

SECT

94. (1) In this Part, unless the contrary intention appears-
"double orphan" means-
(a) a child (other than an adopted child) both of whose parents are dead;
or
(b) an adopted child both of whose adoptive parents are dead or, if there
was only one adoptive parent, whose adoptive parent is dead;
"family allowance pay day" means a day that is a family allowance pay day for the purposes of Part X;
"mental hospital" includes a nursing home;
"mental hospital patient" includes a nursing home patient;
"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;
"person" includes an institution;
"refugee child" means-
(a) a child who has refugee status granted by the Australian Government;
(b) a child who has been (whether before or after the commencement of this definition) admitted into Australia as a refugee by the Australian Government; or
(c) a child who has been (whether before or after the commencement of this definition) admitted into Australia in accordance with the terms of a special humanitarian program of the Australian Government that has been approved by the Minister for the purposes of this definition.

(2) 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:
(c) the parent is living outside Australia;
(d) the whereabouts of the parent are not known to the claimant.

(3) An approval of a special humanitarian program for the purposes of the definition of "refugee child" in sub-section (1) may relate to a program that was established before the commencement of that definition and may be expressed to have retrospective effect to the date of the establishment of that program.

(4) For the purposes of a claim for a double orphan's pension, where one of the parents of a child (other than an adopted child), or one of 2 adoptive parents of an adopted child, is dead and-
(a) the whereabouts of the other parent are not known to the claimant;
(b) the other parent 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 at the time of the claim; or
(c) the other parent is, at the time of the claim, a mental hospital patient and the Secretary is satisfied that he will require care or treatment for an indefinite period,
that other parent shall be deemed to be dead.

SOCIAL SECURITY ACT 1947 - SECT 95
Qualification for double orphan's pension

SECT

95. (1) Where-
(a) a family allowance under Part X in respect of a child is, or would, but for section 81 or 85 or sub-section 82 (6), be, payable to a person; and
(b) the child is a double orphan,
there is payable to that person, in addition to any family allowance under Part X, a double orphan's pension in respect of that child.

(2) This section does not apply in relation to a child in respect of any period during which the child is in receipt of a pension under Part II or IV of the Veterans' Entitlements Act 1986.

SOCIAL SECURITY ACT 1947 - SECT 96
Amount of double orphan's pension

SECT

96. (1) The amount of a double orphan's pension payable to a person in respect of a child on a family allowance pay day occurring on or after 29 December 1988 and before 1 July 1989 is $25.75.
(2) The amount of double orphan's pension payable to a person in respect of a child on a family allowance pay day occurring after 1 July 1989 is $27.70.

SOCIAL SECURITY ACT 1947 - SECT 97
Application of Part X

SECT

97. (1) Subject to this Part, Part X (other than section 81) applies in relation to the payment of a double orphan's pension as if that pension were a family allowance under Part X.

SOCIAL SECURITY ACT 1947 - SECT 98
Notification of change of circumstances

SECT

98.*8* (1) Where-
(a) a person is in receipt of a double orphan's pension in respect of a child who is a double orphan by reason of the fact that one parent of the child is dead and-
(i) the whereabouts of the other parent of the child are not known to
that person; or
(ii) the other parent of the child is serving a sentence of imprisonment
or is a mental hospital patient; and
(b) the whereabouts of that other parent become known, or that other parent is released from prison or from a mental hospital and that fact becomes known, to that person,
that person shall, within 14 days after the whereabouts of that other parent become known, or the fact that that other parent has been released from prison or from a mental hospital becomes known, to him, notify the Department accordingly.

(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 the Department 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 the Department accordingly.
Penalty: $40. *8* Sections 92, 98, heading to Division 7 of Part XIII, sections 132 and 133 (formerly sections 104A, 105E, heading to Division 7 of Part VII, sections 130 and 130A) are amended by section 45 and Schedule 1 and affected by section 48 of the Social Security Legislation Amendment Act 1983. Sections 45 and 48 and Schedule 1 provide as follows:
"45. The Principal Act is amended as set out in Schedule 1.
"48. (1) In this section-
'prescribed provision' means section 30B, 45, 65B, 74, 83AAH, 104A, 105E,
105P, 130, 130A or 133L of the Principal Act;
'relevant event' means an event or change of circumstances notice of which is to be given under a prescribed provision.
"(2) Anything done under, in pursuance of, or for the purposes of, a
provision of the Principal Act amended or repealed by this Part has effect after the amendment or repeal as if it had been done under, in pursuance of, or for the purposes of-
(a) in the case of an amended provision-the provision as so amended; or
(b) in the case of a repealed provision-the corresponding provision of the
Principal Act as amended by this Act.
"(3) Subject to sub-section (5), where the Director-General gives a notice
under sub-section 135TE (1) requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is not required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall not apply to that person after that time.
"(4) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall continue to apply to that person in respect of the event, but shall not otherwise apply to that person after that time.
"(5) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of an increase of that person's income in a period as compared to his income as last specified by him under the Principal Act and that person, if he had such an increase in a period (in this sub-section referred to as the 'current period') that includes the time the notice is given, would be required by a prescribed provision to notify an officer of the increase-
(a) the prescribed provision shall continue to apply in respect of the
current period, but shall not otherwise apply to that person after that time; and
(b) the notice shall apply only in respect of increases of that person's
income in periods commencing after the current period.
"(6) Nothing in sub-section (3), (4) or (5) affects any liability or penalty
incurred by a person under a prescribed provision before the notice under sub-section 135TE (1) is given to that person.
"(7) In relation to offences committed after the day on which this Act
receives the Royal Assent, each prescribed provision has effect, until it is repealed by this Act, as if '$40' were omitted and '$500' were substituted.
"(8) Sub-section 139 (1A) of the Principal Act as amended by this Part does
not apply in relation to an offence committed before the commencement of that sub-section.
"(9) For the purposes of this section, a notice under sub-section 135TE (1)
shall be deemed to have been given on the date of the notice.
"SCHEDULE 1
Section 45 NOTIFICATION PROVISIONS
------------------------------------------------------------------------------ -- Item Provision Amendment
------------------------------------------------------------------------------ -- * * * *
10 Section 104A ................... Repeal the section.
11 Section 105E ................... Repeal the section.
12 (NOTE) Section 105P ................... Repeal the section.
13 Heading to Division 7 of Part VII
Omit the heading.
14 Section 130 ................... Repeal the section.
15 Section 130A ................... Repeal the section.
* * * *.".
------------------------------------------------------------------------------ -- Sub-section 2 (10) of the Social Security Legislation Amendment Act 1983
provides as follows:
"(10) The amendments of the Principal Act made by the items enumerated in
Schedule 1 shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation, and section 45 shall come into operation accordingly.".
The amendments made by items 1-9 and 16 came into operation on 1 July 1987
(see Gazette 1987, No. S146, p. 1). As at 1 January 1989 no date had been fixed for the commencement of items 10-15 and these amendments are not incorporated in this reprint.
NOTE-Section 111 (formerly section 105P) was repealed by the Social Security
and Veteran's Entitlements Amendment Act (No. 2) 1987 before a date was fixed for the commencement of the proposed amendment.

SOCIAL SECURITY ACT 1947 - SECT 99
Cessation of pension if circumstances change

SECT

99. (1) Where a double orphan's pension is payable in respect of a child by reason of the fact that one parent of the child is dead and-
(a) the whereabouts of the other parent of the child are not known to the person in receipt of the pension; or
(b) the other parent of the child is serving a sentence of imprisonment or is a mental hospital patient,
that pension ceases to be payable if the whereabouts of that other parent become known, or that other parent is released from prison or from a mental hospital and that fact becomes known, to the person in receipt of the pension.

(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 Secretary is satisfied that he will require care or treatment, whether in that hospital or in a similar hospital, for an indefinite period.

SOCIAL SECURITY ACT 1947 - SECT 100
Application of pension under this Part

SECT

100. A double orphan's pension shall be applied by the person to whom it is payable to the maintenance, training and advancement of the child in respect of whom it is granted.

SOCIAL SECURITY ACT 1947 - PART XII
PART XII-CHILD DISABILITY ALLOWANCE

SOCIAL SECURITY ACT 1947 - SECT 101
Interpretation

SECT

101. In this Part, unless the contrary intention appears:
"allowance" means a child disability allowance under section 102;
"disabled child" means a child who:
(a) has a physical, intellectual or psychiatric disability;
(b) because of that disability, needs care and attention provided by
another person on a daily basis that is substantially more than the care and attention needed by a child of the same age who does not have such a disability; and
(c) is likely to need that care and attention permanently or for an
extended period;
"family allowance pay day" means a day that is a family allowance pay day for the purposes of Part X.

SOCIAL SECURITY ACT 1947 - SECT 102
Qualification for allowance

SECT

102. Where:
(a) a family allowance under Part X is payable or would, apart from sections 81 and 85 and subsection 82 (6), be payable to a person in respect of a child;
(b) the child is a disabled child; and
(c) the person provides, in a private home that is the residence of the person and the child, care and attention for the child on a daily basis;
the person is qualified to receive an allowance, to be known as a child disability allowance, in respect of the child.

SOCIAL SECURITY ACT 1947 - SECT 103
Temporary absences from home

SECT

103. (1) A person does not cease to be qualified to receive an allowance in respect of a child only because the child is or has been absent from the child's home for a period not exceeding 28 days, or for periods which in the aggregate do not exceed 28 days, during any calendar year.

(2) Where:
(a) a person is qualified to receive an allowance in respect of a child;
(b) the child is or has been absent from the child's home for a period of more than 28 days, or for periods which in the aggregate exceed 28 days, during any calendar year; and
(c) the absence is or was temporary;
the Secretary may decide that the person does not cease to be qualified to receive that allowance, or does not cease to be qualified during a period determined by the Secretary.

(3) Where:
(a) a person is qualified to receive an allowance in respect of a child; and
(b) the child is, or is likely to be, absent from the child's home during normal school days for the purpose of receiving education, training or treatment;
the person does not cease to be qualified to receive that allowance because of the absence, or likely absence, of the child.

SOCIAL SECURITY ACT 1947 - SECT 104
Payment of allowance

SECT

104. An allowance is payable to a person in respect of a child on each family allowance pay day on which the person is qualified to receive an allowance in respect of the child.

SOCIAL SECURITY ACT 1947 - SECT 104A
Amount of allowance

SECT

104A. (1) Subject to subsections (3) and (4), the amount of allowance payable to a person in respect of a child on a family allowance pay day occurring on or after 29 December 1988 and before 1 July 1989 is $48.

(2) Subject to subsections (3) and (4), the amount of allowance payable to a person in respect of a child on a family allowance pay day occurring after 1 July 1989 is $51.70.

(3) Where:
(a) an allowance is payable to a person in respect of a child on a family allowance pay day; and
(b) in the opinion of the Secretary, the child was, for a particular percentage (in this section called the "ineligible percentage") of the period of 2 weeks ending on the family allowance pay day:
(i) absent from the child's home; and
(ii) in the care of another person or an institution for the purpose of
receiving education, training or treatment;
the amount of allowance payable to the person on the family allowance pay day shall be the amount specified in whichever of subsections (1) and (2) is applicable, reduced by the ineligible percentage of that amount.

(4) Where:
(a) an allowance is payable to a person in respect of a child on a family allowance pay day;
(b) on a day, or on 2 or more days, in the period of 2 weeks ending on the family allowance pay day the child was an inmate of an institution;
(c) a benefit was payable in relation to the child under Part VA of the National Health Act 1953 in respect of the day or days because the child was such an inmate; and
(d) subsection 103 (2) or (3) applies in respect of the child;
the amount of allowance payable to the person on the family allowance pay day shall be the amount specified in whichever of subsections (1) and (2) is applicable, reduced by an amount worked out using the formula:

A X D
14
where:
A is the amount specified in whichever of subsections (1) and (2) is applicable;
D is the number of days in respect of which paragraph (b) applies.

SOCIAL SECURITY ACT 1947 - SECT 109
Notification

SECT

109.*9* Where a person ceases to be qualified to receive an allowance in respect of a child, the person shall notify the Department accordingly within 14 days of so ceasing.
Penalty: $1,000 or imprisonment for 6 months, or both. *9* Section 109-Subsection 4 (15) of the Social Security and Veterans' Entitlements Amendment Act (No. 2) 1987 provides that the notification provisions for section 109 are to be repealed by Proclamation. As at 1 January 1989 no date had been fixed for the repeal of section 109.

SOCIAL SECURITY ACT 1947 - PART XIII
PART XIII-UNEMPLOYMENT AND SICKNESS BENEFITS *7*

*7* Parts IV, V, VI, XIII, XIV and XVI (formerly Parts III, IV, IVAAA, VII, VIIA and VIII)-Section 42 of the Veterans' Entitlements Act 1986 affects the operation of the Social Security Act 1947, as follows:
"42. (1) Notwithstanding anything contained in this Part-
(b) a person is not entitled to receive, at the same time, a service pension and-
(i) a pension under Part III or IV;
(ii) a benefit under Part IVAAA or VII;
(iii) an allowance under Part VIIA; or
(iv) a rehabilitation allowance under Part VIII,
of the Social Security Act 1947;
"(2) In sub-section (1)-
'service pension' includes wife's service pension and carer's service
pension.".

SOCIAL SECURITY ACT 1947 - DIVISION 1
Division 1-Preliminary

SOCIAL SECURITY ACT 1947 - SECT 115
Interpretation

SECT

115. (1) In this Part, unless the contrary intention appears-
"beneficiary" means a person in receipt of a benefit;
"benefit" means a benefit under this Part;
"claimant" means a person claiming an unemployment benefit, a sickness benefit or a special benefit under this Part;
"dependant", in relation to a beneficiary, means a person who is taken into account, under sub-section 118 (2), (3), (4) or (11), in calculating the rate of benefit payable to the beneficiary;
"friendly society" means a society-
(a) registered or incorporated under a law of a State or of a Territory
relating to friendly societies; and
(b) approved by the Secretary for the purposes of this definition,
and includes any other person who, or body that-
(c) in the opinion of the Secretary is similar in character to, and
provides benefits similar in nature to the benefits provided by, a friendly society; and
(d) is approved by the Secretary for the purposes of this definition;
(2) Where the Secretary is satisfied that, but for the operation of Part XIV or XVI, a woman would be in receipt of a wife's pension, he may direct that, for the purposes of section 116, 117 or 129, she shall be treated as if she were in receipt of a wife's pension.

SOCIAL SECURITY ACT 1947 - DIVISION 2
Division 2-Qualifications for Benefit

SOCIAL SECURITY ACT 1947 - SECT 116
Unemployment benefits

SECT

116.*3* (1) Subject to this Part, a person (not being a person in receipt of a pension under Part IV or V or a benefit under Part VI) is qualified to receive an unemployment benefit in respect of a period (in this section referred to as the "relevant period") if, and only if-
(a) the person attains or had attained the age of 16 years on or before the commencement of the relevant period and, being a man, had not attained the age of 65 years, or, being a woman, had not attained the age of 60 years, before the end of the relevant period;
(b) the person was an Australian resident and in Australia throughout the relevant period and on the day on which the person lodged the claim for the benefits;
(c) the person satisfies the Secretary that-
(i) throughout the relevant period he was unemployed and was capable of
undertaking, and was willing to undertake, paid work that, in the opinion of the Secretary, was suitable to be undertaken by the person; and
(ii) he had taken, during the relevant period, reasonable steps to obtain such work; and
(d) the person was, throughout the relevant period, registered as being unemployed by the Commonwealth Employment Service.

(2) Where-
(a) a person is not qualified to receive an unemployment benefit in respect of a period by reason only that the person was not, throughout that period, registered as being unemployed by the Commonwealth Employment Service; and
(b) the Secretary is satisfied that, having regard to circumstances beyond the person's control relating to the person's failure to be so registered, that failure should be disregarded in respect of that period or a part of that period,
the Secretary may decide that paragraph (1) (d) does not apply to the person in respect of that period or that part of that period and, where such a decision is made, the person is qualified to receive an unemployment benefit in respect of that period or that part of that period.

(3) Where, by reason of section 125, an unemployment benefit is payable only after the expiration of a particular period (in this sub-section referred to as the "waiting period"), then, for the purposes of the application of sub-section (1) of this section in relation to a relevant period that immediately followed the waiting period, that sub-section has effect as if-
(a) the reference to the commencement of the relevant period in paragraph (1) (a) were a reference to the commencement of the waiting period; and
(b) the references to the relevant period in paragraphs (1) (b) and (c) were references to the period constituted by the aggregate of the waiting period and the relevant period.

(4) The Secretary may, in his discretion, treat a person as having been unemployed throughout a particular period for the purposes of sub-paragraph (1) (c) (i) notwithstanding that the person undertook paid work during the whole or a part of that period if the Secretary is of the opinion that, taking into account the nature and duration of the work and any other matters relating to the work that he considers relevant, the work should be disregarded.

(4A) Paragraph (1) (c) does not apply to a person in respect of any day during a period that is a relevant period for the purposes of subsection (1) on which the person was attending a training camp as a member of:
(a) the Australian Naval Reserve;
(b) the Naval Emergency Reserve Forces;
(c) the Australian Army Reserve;
(d) the Australian Air Force Reserve;
(e) the Air Force Emergency Reserve, or
(f) the Regular Army Emergency Reserve.

(4B) Where the Secretary considers that:
(a) it would be reasonable to assume that:
(i) at the end of a period that is a relevant period for the purposes of
subsection (1), a person was present in an area that is a remote area for the purposes of Part III;
(ii) the person was unemployed throughout the period and was capable of
undertaking and willing to undertake, work that in the Secretary's opinion, was suitable to be undertaken by the person; and
(iii) during the period, the person took reasonable steps to obtain such
work; and
(b) having regard to all relevant factors, including the location of offices of the Department, difficulties in transport and communications and the educational and cultural background of the person, it would be unreasonable to expect the person to comply with paragraph (1) (c) in respect of that period before payment of unemployment benefit to the person in respect of the period;
paragraph (1) (c) does not apply to the person in respect of the period.

(5) A person is not qualified to receive an unemployment benefit in respect of a period unless-
(a) the person satisfies the Secretary that the person's unemployment during that period was not due to the person being, or having been, engaged in industrial action; and
(b) the Secretary is satisfied-
(i) that the person's unemployment during that period was not due to
another person or other persons being, or having been, engaged in industrial action; or
(ii) if the Secretary is satisfied that the person's unemployment during
that period was due to another person or other persons being, or having been, engaged in industrial action-that the first-mentioned person was not, during that period, a member of a trade union of which the other person was a member, or of which any one or more of the other persons was or were a member or members, during that period.

(6) Sub-section (5) does not disqualify a person from receiving unemployment benefit in respect of a period occurring after the cessation of the relevant industrial action.

(7) Where the Secretary is satisfied that:
(a) a person who:
(i) has attained the age of 55 years and, in the case of a man, has not
attained the age of 64 years and 6 months or, in the case of a woman, has not attained the age of 59 years and 6 months;
(ii) is in receipt of an unemployment benefit and has, for the preceding
12 months, been in continuous receipt of a benefit;
(iii) is not indebted to the Commonwealth under or as a result of this
Act; and
(iv) in the opinion of the Secretary:
(A) is not likely to be employed; and
(B) will comply with the requirements of this Act;
(b) a person who is in receipt of an unemployment benefit that was granted before 1 November 1977; or
(c) a person who is in receipt of an unemployment benefit and who, immediately before commencing to receive that benefit, was in receipt of a prescribed pension the last payment of which was in respect of a period that ended after the day on which the payment was made;
may reasonably be expected to fulfil, or has fulfilled, the requirements of the preceding provisions of this section in respect of a period, the person is qualified to receive an unemployment benefit in respect of that period.

(8) In this section-
"industrial action" means-
(a) the performance of work in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work, a result of which is a restriction or limitation on, or a delay in, the performance of the work;
(b) a ban, limitation or restriction on the performance of work or on
acceptance of, or offering for, work; or
(c) a failure or refusal by a person to attend for work or a failure or
refusal to perform any work at all by a person who attends for work,
but does not include the performance of work in a manner, the adoption of a
practice, a ban, limitation or restriction, or a failure or refusal, that is authorized by the employer of the person concerned;
"trade union" includes any organization or association of employees (whether corporate or unincorporate) that exists or is carried on for the purpose, or for purposes that include the purpose, of furthering the interests of its members in relation to their employment;
"unemployment", in relation to a person, includes-
(a) unemployment of the person arising by reason of a person or persons
being, or having been, engaged in industrial action;
(b) unemployment of the person resulting from the termination of his
employment; and
(c) the person being, or having been, stood down or suspended from his
employment or work.

(9) For the purposes of this section-
(a) conduct is capable of constituting industrial action notwithstanding that the conduct relates to part only of the duties that persons are required to perform in the course of their employment;
(b) a reference to industrial action shall be read as including a reference to a course of conduct consisting of a series of industrial actions; and
(c) if a trade union is divided into branches (whether or not the branches are themselves trade unions), the persons who are members of the respective branches shall all be deemed to be members of the first-mentioned trade union. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 116A

SECT

116A.*3* * * * * * *
*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 117
Sickness benefits

SECT

117.*3* (1) Subject to this Part, a person (not being a person in receipt of a pension under Part IV or V, a benefit under Part VI or an allowance under Part XIV) is qualified to receive a sickness benefit in respect of a period (in this sub-section referred to as the "relevant period") if-
(a) the person attains or had attained the age of 16 years on or before the commencement of the relevant period and, being a man, had not attained the age of 65 years, or, being a woman, had not attained the age of 60 years, before the end of the relevant period;
(b) the person was an Australian resident and in Australia throughout the relevant period and on the day on which the person lodged the claim for the benefits;
(c) the person-
(i) satisfies the Secretary that, throughout the relevant period, he was
incapacitated for work by reason of sickness or accident (being an incapacity of a temporary nature) and that he has thereby suffered a loss of salary, wages or other income; or
(ii) not being a person who is qualified to receive sickness benefit by
virtue of the operation of sub-section (2), satisfies the Secretary that, throughout the relevant period, he was incapacitated for work by reason of sickness or accident (being an incapacity of a temporary nature) and that he would, but for the incapacity, be qualified to receive an unemployment benefit in respect of the relevant period.

(1A) A person who is temporarily absent from Australia shall be treated, for the purposes of subsection (1), as if the person were in Australia:
(a) if the period of temporary absence is not longer than 3 months-throughout that period; or
(b) in any other case-throughout the first 3 months of that period.

(2) Where-
(a) a person who is receiving-
(i) an invalid pension under Part IV;
(ii) a sheltered employment allowance under Part XIV; or
(iii) a rehabilitation allowance under Part XVI and who was, immediately
before he became eligible to receive that allowance, eligible to receive an invalid pension under Part IV, a sheltered employment allowance under Part XIV or a sickness benefit,
ceases to receive that pension or allowance (in this sub-section referred to as the "relevant pension or allowance"); and
(b) the person (in this sub-section referred to as the "relevant person") would, immediately upon ceasing to receive the relevant pension or allowance, be qualified under sub-section (1) to receive a sickness benefit in respect of a period if "and that he has thereby suffered a loss of salary, wages or other income" were omitted from sub-paragraph (1) (c) (i), the relevant person is qualified to receive a sickness benefit in respect of that period and, for the purposes of the application of paragraph 121 (1) (a) in relation to the relevant person-
(c) in a case where a pension under Part IV was, immediately before the relevant person ceased to receive the relevant pension or allowance, payable to another person by reason of the relevant person being in receipt of the relevant pension or allowance-the aggregate of the amount of the relevant pension or allowance and the amount of that pension under Part IV; and
(d) in any other case-the amount of the relevant pension or allowance, shall be deemed to be salary, wages or other income that the person has lost by reason of his incapacity.

(3) Where, by reason of section 125, a sickness benefit is payable only after the expiration of a particular period (in this sub-section referred to as the "waiting period"), then, for the purposes of the application of sub-section (1) of this section in relation to a relevant period that immediately followed the waiting period, that sub-section has effect as if-
(a) the reference to the commencement of the relevant period in paragraph (1) (a) were a reference to the commencement of the waiting period; and
(b) the references to the relevant period in paragraphs (1) (b) and (c) were references to the period constituted by the aggregate of the waiting period and the relevant period.

(4) A person is not qualified to receive a sickness benefit in respect of a period of incapacity if the Secretary is satisfied that the incapacity was brought about with a view to obtaining a sickness benefit.

(5) Where the Secretary is satisfied that:
(a) a person who is in receipt of a sickness benefit that was granted before 2 August 1982;
(b) a person who is in receipt of a sickness benefit and who, immediately before commencing to receive that benefit, was in receipt of an unemployment benefit that was granted before 1 November 1977; or
(c) a person who is in receipt of a sickness benefit and who, immediately before commencing to receive that benefit, was in receipt of a prescribed pension the last payment of which was in respect of a period that ended after the day on which the payment was made;
may reasonably be expected to fulfil, or has fulfilled, the requirements of the preceding provisions of this section in respect of a period, the person is qualified to receive a sickness benefit in respect of that period.

(6) Where a payment is made by a person to another person who acts as his substitute during any period of incapacity, the Secretary may, for the purposes of sub-section (1), if he is satisfied that the payment was made justifiably and bona fide, regard the first-mentioned person as having suffered a loss of income equal to the amount of that payment.

(7) For the purposes of this section, the income of a person includes:
(a) a payment received by the person under the New Enterprise Incentive Scheme; and
(b) any amount payable to the person or to the person's spouse under Part IX. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 117A
Job search allowance

SECT

117A. (1) A person who:
(a) has attained the age of 16 years but has not attained the age of 18 years;
(b) is not in receipt of a sickness benefit; and
(c) would, apart from this subsection, be qualified to receive an unemployment benefit in respect of a period;
is not qualified to receive an unemployment benefit in respect of that period but is qualified to receive a benefit, to be known as a job search allowance, in respect of that period.

(2) Where, apart from this subsection, a person would cease to be qualified to receive a job search allowance in respect of a period and become qualified to receive a sickness benefit in respect of that period, the person is not qualified to receive a sickness benefit, but continues to be qualified to receive a job search allowance, in respect of that period.

(3) Where, under subsection (1) or (2), a person is not qualified to receive an unemployment benefit or a sickness benefit, as the case may be, in respect of a period, this Act applies to the person as if references in this Act (other than in section 116 or 117, as the case may be) to unemployment benefit or to sickness benefit, as the case may be, were references to job search allowance.

(4) Where a person who is receiving a job search allowance attains the age of 18 years and becomes qualified to receive an unemployment benefit or a sickness benefit, the person shall, subject to this Act, be paid an unemployment benefit or a sickness benefit, as the case may be, from the day on which the person becomes so qualified.

SOCIAL SECURITY ACT 1947 - DIVISION 3
Division 3-Rate of Benefits

SOCIAL SECURITY ACT 1947 - SECT 118
Rate of unemployment and sickness benefit

SECT

118. (1) Subject to this Part, the rate of an unemployment benefit or a sickness benefit is-
(a) where the beneficiary is an unmarried person who is under the age of 18 years and has no dependants-$50 per week;
(b) where the beneficiary is an unmarried person who is over the age of 18 years and under the age of 21 years and who has no dependants-$91.20 per week;
(c) where the beneficiary is an unmarried person who is over the age of 21 years and who has no dependants-$95.40 per week;
(d) where the beneficiary is an unmarried person and has a dependant-$106.20 per week; or
(f) in any other case-$85.15 per week.

(1A) Where:
(a) the living expenses of a married person who is receiving an unemployment benefit or a sickness benefit and of the person's spouse are, or are likely to be, greater than they would otherwise be because those persons are unable to live together as a result of the illness or infirmity of either or both of them; (b) the inability is likely to continue indefinitely; and
(c) the person's spouse is receiving a prescribed pension;
the rate of benefit applicable to the married person shall be the rate specified in paragraph (1) (d).

(1B) Where:
(a) the living expenses of a married person who is receiving an unemployment benefit or a sickness benefit and of the person's spouse are, or are likely to be, greater than they would otherwise be because those persons are unable to live together as a result of the illness or infirmity of either or both of them; and
(b) the inability is likely to continue indefinitely;
the reference in subsection (2) to the rate referred to in paragraph (1) (f) shall be read as a reference to the rate referred to in paragraph (1) (d).

(2) Subject to sections 121 and 122, where a married person who is qualified to receive an unemployment benefit or a sickness benefit has a spouse who is an Australian resident who is in Australia and is, in the opinion of the Secretary, dependent (whether substantially or less than substantially) on the married person, not being a spouse who is in receipt of a prescribed pension or who, but for section 153, would be eligible to receive a prescribed pension, the rate of the benefit applicable to the married person under sub-section (1) shall, by virtue of this sub-section, be increased by an amount per week equal to the amount per week specified in paragraph (1) (f) or, if the spouse is, in the opinion of the Secretary, less than substantially dependent on the married person, such amount (if any) per week as the Secretary considers reasonable in the circumstances but not exceeding the amount per week so specified.

(2A) A person who is temporarily absent from Australia shall be treated, for the purposes of subsection (2), as if the person were in Australia:
(a) if the period of temporary absence is not longer than 3 months-throughout that period; or
(b) in any other case-throughout the first 3 months of that period.

(3) Where a person to whom sub-section (2) applies is living apart from his spouse and is making a payment to the spouse, for or towards the maintenance of the spouse, at a weekly rate less than the amount per week by which the rate of his unemployment benefit or sickness benefit would, in the absence of a determination under this sub-section, be increased in accordance with sub-section (2), the Secretary may decide that the amount per week by which the rate of his unemployment benefit or sickness benefit is to be increased by virtue of sub-section (2) shall not exceed the weekly rate of the payment to the spouse.

(4) Subject to sections 121 and 122, where-
(a) the rate of an unemployment benefit or a sickness benefit applicable to a married person under the preceding provisions of this section is less than:
(i) if the person has a dependent child-the amount per week specified in
paragraph (1) (d); or
(ii) in any other case-the amount per week specified in paragraph (1) (c); and
(b) the spouse of the married person is not in receipt of a prescribed pension,
the rate of the unemployment benefit or sickness benefit applicable to that married person under the preceding provisions of this section shall, by virtue of this sub-section, be increased to the amount per week so specified.

(5) Where an unmarried person who is qualified to receive an unemployment or a sickness benefit has a dependent child or dependent children, the rate of benefit applicable to that person under the preceding provisions of this section shall, subject to subsection (6), be increased by $12 per week.

(6) Where-
(a) but for this sub-section, an increase under sub-section (5) would be payable in respect of a child or children; and
(b) the child, or each of the children, as the case may be, is-
(i) a person in respect of whom an increase under that sub-section would
be payable to more than one person; or
(ii) a person who has been taken into account in fixing the rate of a
prescribed pension (other than a benefit under this Part) that is payable to another person,
the Secretary may direct that any increase under sub-section (5) should not be payable or should be limited to such amount as the Secretary thinks fit.

(8) Where a person referred to in paragraph (1) (a):
(a) does not live, and for a continuous period of at least 6 weeks has not lived, at a home of the parents, or of a parent, of the person because:
(i) the parents are not, or neither parent is, prepared to allow the
person to live at such a home; or
(ii) domestic violence, incestuous harassment or other such exceptional
circumstances make it unreasonable to expect the person to live at such a home;
(b) is not receiving continuous support, whether directly or indirectly and whether pecuniary or otherwise, from a parent of the person or from another person who is acting as the person's guardian on a long term basis; and
(c) is not receiving, on a continuous basis, any payment in the nature of income support (other than a benefit) from the Commonwealth, a State or a Territory;
the rate of benefit applicable to the person under subsection (1) shall be increased by an amount equal to $27.85 per week reduced by the amount per week of any increase applicable to the person under section 120.
(11) Where a person qualified to receive an unemployment or a sickness benefit has a dependent child or dependent children, the rate of the benefit applicable to that person shall, subject to subsection (12), be increased by:
(c) $24 per week in respect of each dependent child who has not attained the age of 13 years;
(ca) $31 per week in respect of each dependent child who has attained the age of 13 years but has not attained the age of 16 years; and
(cb) $17 per week in respect of each dependent child who is not a prescribed student child of the person and who has attained the age of 16 years; and
(12) Where, but for this sub-section, an increase under sub-section (11) would be payable-
(a) to more than one person in respect of the one child; or
(b) to a person in respect of a child who has been taken into account in fixing the rate of a prescribed pension (other than a benefit under this Part); the Secretary may direct that any increase under sub-section (11) in respect of that child be not payable or be limited to such amount as the Secretary thinks fit.

(13) Where-
(a) an unemployment benefit or sickness benefit is payable to a married person in respect of a period; and
(b) sub-section 116 (5) or section 126 applies to the person's spouse in respect of that period,
this section applies in relation to the first-mentioned person in relation to that period as if the first-mentioned person were an unmarried person.

SOCIAL SECURITY ACT 1947 - SECT 119
Indexation of unemployment and sickness benefits

SECT

119. (1) In this section, unless the contrary intention appears-
"index number", in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;
"junior or intermediate rate" means the rate referred to in paragraph 118 (1) (a) or (b);
"relevant period" means the period of 6 months commencing on 13 December 1986, and each subsequent period of 6 months;
"relevant rate" means the rate specified in paragraph 118 (1) (c), (d) or (f);
"year to which this section applies" means the year commencing on 1 January 1989, and each subsequent year.

(2) Subject to sub-section (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by him in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.

(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the consumer price index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to index numbers published in terms of the new reference base.

(4) Where the factor ascertained, in relation to a relevant period, in accordance with sub-section (5) is greater than 1, this Act has effect as if for each relevant rate there were substituted, on the first day of that period-
(a) subject to paragraph (b)-a rate calculated by multiplying by that factor- (i) in a case to which sub-paragraph (ii) does not apply-the relevant
rate; or
(ii) if, by virtue of another application or several other
applications
of this section, this Act has had effect as if another rate was substituted, or other rates were successively substituted, for the relevant rate-the substituted rate or the last substituted rate, as the case may be; or
(b) where the rate so calculated (in this paragraph referred to as the "calculated rate") is not a multiple of 5 cents per week-a rate equal to-
(i) if the calculated rate exceeds the next lower rate that is such a
multiple by 2.5 cents per week or more-the next higher rate that is such a multiple; or
(ii) if the calculated rate exceeds the next lower rate that is such a
multiple by less than 2.5 cents per week-that next lower rate.

(4A) Where the factor ascertained under sub-section (5) in relation to a year to which this section applies is greater than one, this Act has effect as if for each junior or intermediate rate there were substituted, on the first day of that year-
(a) subject to paragraph (b), the rate calculated by multiplying by that factor-
(i) in a case to which sub-paragraph (ii) does not apply-the junior or
intermediate rate; or
(ii) if, by virtue of another application or other applications of this
section, this Act has effect as if another rate or other rates were substituted for the junior or intermediate rate-the substituted rate or the last substituted rate, as the case may be; or
(b) in a case where the rate so calculated is not a multiple of 5 cents per week-a rate equal to-
(i) if the rate so calculated exceeds the next lower rate that is such a
multiple by 2.5 cents per week or more-the next highest rate that is such a multiple; or
(ii) if the rate so calculated exceeds the next lower rate that is such a
multiple by less than 2.5 cents per week-that next lower rate.

(5) The factor to be ascertained for the purposes of sub-sections (4) and (4A) is-
(a) in the case of the ascertainment of a factor for the purposes of sub-section (4) in relation to a relevant period-the number, calculated to 3 decimal places, ascertained by dividing-
(i) if the relevant period commences on 13 June-the index number for the
last preceding December quarter; or
(ii) if the relevant period commences on 13 December-the index number for
the last preceding June quarter,
by the highest index number in respect of a December or June quarter that
preceded that quarter, not being a December or June quarter that occurred before the June quarter in the year 1979;
(b) in the case of the ascertainment of a factor for the purposes of sub-section (4A) in relation to a year to which this section applies-the number, calculated to 3 decimal places, ascertained by dividing the index number for the last preceding June quarter by the highest index number in respect of a June quarter that preceded that quarter, not being a June quarter before the year 1986; or
(c) if the number ascertained under paragraph (a) or (b) would, if it were calculated to 4 decimal places, end in a number greater than 4-the number so ascertained increased by 0.0001.

(6) Where, by virtue of the application of this section, this Act has effect as if another rate were substituted for a relevant rate on the first day of a period, the substitution, in so far as it affects instalments of unemployment or sickness benefits, has effect in relation to every instalment of such a benefit that falls due on or after the first day of that period.

SOCIAL SECURITY ACT 1947 - SECT 120
Rent assistance

SECT

120.*2* (1) In this section:
"entitlement period" means:
(a) in relation to a person who is receiving an unemployment or sickness
benefit and who, for a continuous period immediately following a qualifying period in relation to the person has been a qualified person-any part of that continuous period in respect of which the person pays, or is liable to pay, rent at a weekly rate exceeding $15; and
(b) in relation to a person who is qualified to receive an unemployment or sickness benefit and who, immediately before becoming so qualified, was receiving payments of a prescribed pension and:
(i) an additional amount by way of rent assistance; or
(ii) an incentive allowance under section 31 or 143;
any period in respect of which the person pays, or is liable to pay, rent at a weekly rate exceeding $15;
"parent" includes a step-parent or guardian.
"qualifying period", in relation to a person, means:
(a) a continuous period of 26 weeks (whether that period commenced before
or after the commencement of this section) during which the person was a qualified person; or
(b) a continuous period of more than 26 weeks (whether that period
commenced before or after the commencement of this section) in relation to which the following conditions are satisfied:
(i) the person was a qualified person during a number of periods that
occurred in the continuous period and that, in aggregate, equal 26 weeks;
(ii) none of the periods that occurred in the continuous period and
during which the person was not a qualified person exceeded 4 weeks;
"qualified person" means a person who:
(a) is in receipt of or would, but for section 122, be in receipt of a
prescribed pension;
(b) is in receipt of payments as a trainee in full-time training under a
program included in the programs known as Labour Force Programs;
(c) is in continuous full time training under such a program and is in
receipt of payments by way of remuneration in respect of that training; or
(d) is in receipt of payments under the Adult Migrant Education Program.

(2) Where:
(a) the amount of a benefit payable to a person includes an amount per week under subsection (5) or (7); and
(b) the benefit ceases to be payable to the person:
(i) otherwise than by the operation of section 122; and
(ii) for a period of not more than 4 weeks;
any period after the end of that period shall be taken to be an entitlement period in relation to the person.

(3) For the purposes of the application of this section to a married person:
(a) where the person is living with his or her spouse in their matrimonial home-any rent that the spouse pays, or is liable to pay, in respect of that home shall be taken to be paid, or payable, by the person; and
(b) where the Secretary is satisfied that:
(i) the living expenses of the person and of his or her spouse are, or
are likely to be, greater than they would otherwise be because they are unable, as a result of illness or infirmity, to live together in a matrimonial home; and (ii) the inability is likely to continue indefinitely;
any rent that the spouse pays, or is liable to pay, in respect of premises
or lodgings occupied by the person shall be taken to be paid, or payable, by the person.

(4) Subject to this section, where;
(a) a person is qualified to receive an unemployment or a sickness benefit in respect of a period;
(aa) the person is in Australia throughout that period;
(b) the rate of benefit applicable to the person is not increased under subsection (7);
(c) the person:
(i) is over the age of 25 years;
(ii) is a married person; or
(iii) is over the age of 18 years and living permanently or indefinitely
away from the principal home of a parent of the person; and
(d) if the person is a married person who is living with his or her spouse in their home-the spouse is not in receipt of:
(i) an incentive allowance under section 31 or 143; or
(ii) a prescribed pension (other than a benefit) the rate of which is
calculated by reference to rent paid or payable by the person or to an incentive allowance under section 31 or 143;
subsection (5) applies to the person during any entitlement period in relation to the person.

(5) Subject to subsection (8), where this subsection applies to a person during an entitlement period, the maximum rate of benefit applicable to the person during that period shall be increased by:
(a) 50% of the amount by which the weekly rent paid, or payable, by the person exceeds $15; or
(b) $10;
whichever is the lesser.

(6) Subsection (7) applies to a person:
(a) who is qualified to receive a benefit in respect of a period;
(aa) the person is in Australia throughout that period;
(b) who is receiving or whose spouse is receiving a family allowance in respect of a child under the age of 16 years; and
(c) if the person is a married person who is living with his or her spouse in their home-whose spouse is not in receipt of a prescribed pension (other than a benefit) the maximum rate of which is calculated by reference to rent paid or payable.

(7) Subject to subsection (8), where this subsection applies to a person, the maximum rate of benefit applicable to the person shall be increased by:
(a) 50% of the amount by which the weekly rent paid or payable by the person exceeds $15; or
(b) $15;
whichever is the lesser.

(8) Where subsection (5) or (7) applies to a married person whose spouse:
(a) is living with the person in their home; and
(b) is also a person to whom that subsection applies;
the amount of any increase in the rate of benefit applicable to the person under that subsection shall be reduced by 50%.

(9) Where:
(a) subsection (5) or (7) applies to a married person whose spouse is not receiving a prescribed pension; and
(b) the Secretary is satisfied that:
(i) the living expenses of the person and of his or her spouse are, or
are likely to be, greater than they otherwise would be because they are unable, as a result of illness or infirmity, to live together in a matrimonial home; and (ii) the inability is likely to continue indefinitely;
the amount of any increase in the rate of benefit applicable on or after 1 February 1988 to the person under that subsection shall be doubled. *2* Sections 3, 4, 4B, 8, 36, 50, 74, 120, 143 and Schedule 3 are amended by sections 3 (2)-(5),9-20 and Schedule 1 of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 121
Limitation of amount payable as sickness benefit

SECT

121. (1) Notwithstanding anything contained in this Part, the rate of sickness benefit per week payable to a person-
(a) in the case of a person who is qualified to receive sickness benefit by virtue of the operation of sub-paragraph 117 (1) (c) (i) or of sub-section 117 (2)-shall not exceed the rate of salary, wages or other income per week that, in the opinion of the Secretary, that person has lost by reason of his incapacity; and
(b) in the case of a person who is qualified to receive sickness benefit by virtue of the operation of sub-paragraph 117 (1) (c) (ii)-shall not exceed the rate per week of unemployment benefit that would be payable to the person from time to time if the person were receiving unemployment benefit.

(2) For the purposes of this section, the income of a person shall be deemed to include-
(a) a payment received by the person under the scheme known as the New Enterprise Incentive Scheme; and
(b) any amount payable to the person, or to the spouse of the person, under Part IX.

(3) Where, immediately before 1 July 1987, a sickness benefit and an allowance under section 120 were payable to a person, the rate of sickness benefit per week payable to the person on and after that date shall, while that sickness benefit continues to be payable to the person, be not less than the sum of the rates per week at which sickness benefit and the allowance under section 120 were payable to the person immediately before that date.

SOCIAL SECURITY ACT 1947 - SECT 121A
Parental income test

SECT

121A.*3* (1) In this section:
"adjusted parental income", in relation to a person to whom this section applies in relation to a particular time, means the amount
calculated in accordance with the formula TI-CA , where:
52
TI is the sum of the taxable income of the person's parents for the last
year of income of the parents and any amounts that are exempt income of the person's parents under paragraph 23 (1) of the Income Tax Assessment Act 1936; and
CA is the sum of:
(a) $16,950; and
(b) $1,200 for the first dependent child (other than the person) of the person's parents and $2,500 for each additional dependent child (other than the person) of the parents;
"dependent child" includes a person to whom this section applies;
"last year of income", in relation to a person in relation to a particular time, means the year of income of the person that ended on the last 30 June that preceded that time;
"parent", in relation to a person (in this definition called the "child"), means another person who is:
(a) a natural or adoptive parent of the child;
(b) acting as the child's guardian on a long term basis; or
(c) the spouse of such a parent or guardian;
but does not include another person:
(d) with whom the child does not live if the child is living with a
different person to whom paragraph (a), (b) or (c) applies; or
(e) who the Secretary decides, in the special circumstances of the case,
should not be treated as a parent of the child;
"person to whom this section applies" means a person who is receiving a job search allowance, or a person who is under the age of 18 years and is receiving a sickness benefit, other than:
(a) a married person;
(b) a person who has a dependent child;
(c) a person who:
(i) does not live, and for a continuous period of at least 6 months
has not lived, at a home of the parents, or of a parent, of the person;
(ii) has, at a time when the person was not living at such a home, been employed on a full time basis for a period of, or for periods that in the aggregate constitute, at least 13 weeks; and
(iii) does not receive regular financial support from a parent of the
person;
(d) a person who has been receiving a benefit continuously since 13 May
1987;
(e) a person who does not have a parent;
(f) a person who is receiving a benefit the rate of which is increased
under subsection 118 (8) or would be receiving such a benefit if ", and for a continuous period of at least 6 weeks has not lived," were omitted from paragraph 118 (8) (a);
(g) a person who has a parent in receipt of a pension, benefit or
allowance under Part IV, V, VI, XIII, XIV or XVI of this Act or a pension under Part III of the Veterans' Entitlements Act 1986; or
(h) a person who lives at a home of the foster parents, or of a foster
parent, of the person;
"taxable income" has the same meaning as in the Income Tax Assessment Act 1936;
"year of income" has the same meaning as in the Income Tax Assessment Act 1936.

(2) Where a person is temporarily living apart from a parent of the person, the person shall, for the purposes of this section, be taken to be living with the parent.

(3) Subject to subsection (4), where there is an amount of adjusted parental income in relation to a person to whom this section applies, the rate per week of benefit that is applicable to the person shall be reduced by an amount per week equal to 25% of that amount.

(4) The rate of a benefit shall not be reduced under subsection (3) to a rate below $25 per week, but nothing in this section prevents the application of section 122 to the rate of benefit remaining after the application of this section.

(5) Where:
(a) subsection (3) applies to a person;
(b) the person makes a request in writing in accordance with a form approved by the Secretary that this subsection apply to the person; and
(c) the taxable income of the person's parents for the year of income following the last year of income is, or is likely to be, at least 25% less than the taxable income of the person's parents for the last year of income; that following year of income shall be used in determining the amount per week of the benefit that is payable to the person during the period commencing on the day on which the request is received by the Department and ending on the first anniversary of that day. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 121B
Indexation of parental income threshold

SECT

121B. (1) In this section:
"indexation amount" means the amount of $16,950 specified in the definition of "adjusted parental income" in subsection 121A (1);
"index year" means the year commencing on 1 January 1990 and each subsequent year;
"November earnings average", in relation to a year, means the amount, not being a preliminary estimate, called the "All Employees-Average Weekly Total Earnings-Persons", as published by the Australian Statistician in respect of a period ending on or before a particular day in November in that year;
"year" means a calendar year.

(2) If at any time, whether before or after the commencement of this section, the Australian Statistician publishes an amount in substitution for a November earnings average previously published by the Australian Statistician, the publication of the later amount shall be disregarded for the purposes of this section.

(3) Where the factor ascertained under subsection (4) in relation to an index year is greater than one, this Act has effect as if for the indexation amount there were substituted, on the first day of that year, an amount calculated by multiplying by that factor:
(a) if paragraph (b) does not apply-the indexation amount; or
(b) if, by virtue of another application or other applications of this section, this Act has effect as if another amount or amounts were substituted for the indexation amount-the substituted amount or the last substituted amount.

(4) The factor to be ascertained for the purposes of subsection (3) in relation to an index year is the number (calculated to 3 decimal places) ascertained by dividing the November earnings average in relation to the immediately preceding year (in this subsection called the "last year") by the November earnings average in relation to the year immediately preceding the last year.

(5) Where the factor to be ascertained in accordance with subsection (4) in relation to an index year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained in accordance with that subsection in relation to that index year shall be taken to be the factor calculated to 3 decimal places in accordance with that subsection and increased by 0.001.

(6) Where:
(a) apart from this subsection, the application of this section would result in an amount (in this subsection called the "substituted amount") being substituted for the indexation amount; and
(b) the substituted amount is not a multiple of $50;
the following provisions have effect:
(c) if the substituted amount is a multiple of $25, the substituted amount shall be increased by $25;
(d) if the substituted amount is not a multiple of $25, the substituted amount shall be increased or reduced to the nearest multiple of $50.

SOCIAL SECURITY ACT 1947 - SECT 122
Income and assets test

SECT

122. (1) Subject to subsection (2), where an unemployment benefit or a sickness benefit is payable to a person whose income exceeds $60 per fortnight, the rate per week of that benefit shall be reduced:
(a) if the income of the person does not exceed $140 per fortnight-by one quarter of the amount by which that income exceeds $60 per fortnight; or
(b) in any other case-by an amount equal to the sum of $20 and one half of the amount by which that income exceeds $140 per fortnight.

(2) Where the person referred to in sub-section (1) has a spouse-
(a) whose income is included in the income of the person under sub-section (4); and
(b) who is in receipt of a prescribed pension, the rate per week of the benefit payable to the person shall be reduced by one half of the amount which, but for this sub-section, would have been the amount of the reduction under sub-section (1).

(3) For the purposes of sub-section (1), an amount received by a person in respect of board or lodging, or both, provided by him (but not exceeding such amount as the Secretary determines in relation to board or lodging, or both, as the case requires) shall not be regarded as income.

(4) For the purposes of the application of sub-section (1) in relation to a married person, the income of a person shall include the income of that person's spouse.

(5) Where-
(a) the rate of an unemployment or sickness benefit applicable to a person under sub-sections 118 (1), (2), (3) and (4) is increased under another sub-section of section 118, under section 120 or under such another sub-section and under 120; and
(b) the rate of that benefit is to be reduced under this section, this section shall be applied first to the rate of that benefit apart from any increase, then to the amount of any increase under section 120 and then to the amount of any other increase.

(6) For the purposes of sub-section (1), the income of a person who is qualified to receive a sickness benefit, or of the spouse of that person, shall not include any amount received by that person from a friendly society in respect of the incapacity by reason of which the person is qualified to receive that sickness benefit.

(7) For the purposes of this section, the definition of "income" in subsection 3 (1) shall be construed as if paragraphs (t) and (u) were omitted and the following paragraph were substituted:
"(t) a payment (other than a periodical payment or a payment representing an accumulation of instalments) made to reimburse a person in respect of medical, dental or similar expenses paid by the person;".

(8) Where a person is entitled to receive income by way of periodical payments made at intervals longer than one fortnight, the person shall be deemed to receive in each fortnight an amount proportionate to the number of fortnights in each period in respect of which the person is entitled to receive payment.

(9) Where a person who is qualified to receive a benefit is entitled to be paid a lump sum by the person's former employer in consequence of the termination of the person's employment, the person shall be deemed to have received the lump sum on the day on which the person's employment was terminated.

(10) Subject to section 7, a benefit is not payable to a person who has attained the age of 25 years if the value of the property of the person exceeds: (a) if the person is a married person whose spouse is not in receipt of a prescribed pension:
(i) if subparagraph 4 (1) (a) (ii) applies to the person-twice the amount specified in paragraph 8 (c);
(ii) if subparagraph 4 (1) (a) (ii) does not apply to the person-twice the amount specified in paragraph 8 (d); or
(b) in any other case-the amount specified in the paragraph of section 8 that applies to the person.

SOCIAL SECURITY ACT 1947 - SECT 122A
Maintenance income test

SECT

122A. (1) Subject to this section, where an unemployment benefit, a sickness benefit or a job search allowance is payable to a person whose fortnightly maintenance income exceeds the fortnightly maintenance free area of the person, the rate per fortnight of the benefit shall (in addition to any reduction made under section 122) be reduced by 50% of the amount by which the maintenance income exceeds the maintenance free area.

(2) If the person is a married person, the maintenance income of the person includes the maintenance income of the person's spouse.

(3) If the person is a married person and the person's spouse:
(a) has maintenance income that is, under subsection (2), included in the maintenance income of the person; and
(b) is in receipt of a prescribed pension;
the rate per week of the benefit payable to the person shall be reduced by 50% of the amount that, but for this subsection, would have been the amount of the reduction under subsection (1).

(4) If the person receives maintenance income on a periodic basis at intervals longer than a fortnight, the person shall be taken to receive, in relation to that maintenance income, in each fortnight or part of a fortnight in the period an amount of maintenance income bearing the same proportion to the amount received as the number of days in the fortnight or part of the fortnight bears to the number of days in the period.

(5) If the person has special maintenance income the fortnightly rate of which exceeds the aggregate of:
(a) 50% of the maximum fortnightly rate of benefit or allowance applicable to the person (including any increase under section 118 or 120 but before any reduction made under section 122 or under this section); and
(b) the fortnightly maintenance free area of the person;
the excess shall be disregarded for the purposes of subsection (1).

SOCIAL SECURITY ACT 1947 - DIVISION 4
Division 4-Claims for Benefits

SOCIAL SECURITY ACT 1947 - SECT 122B
Certain persons released from detention entitled to double benefit in respect
of first week of release

SECT

122B. (1) Where:
(a) after 1 January 1989, a person is released from detention after a period of at least 7 days in detention;
(b) within 7 days of that release, the person lodges a claim for unemployment or sickness benefit; and
(c) because of paragraph 125 (1) (b) or (3) (b), unemployment benefit or sickness benefit is payable to the person from and including the day on which the claim was made;
the amount of unemployment or sickness benefit payable to the person in relation to the period of 7 days starting on the day when the claim was made is twice the amount of the benefit that would, apart from this section, be payable to the person in respect of that period.

(2) In this section:
"detention" means detention in a prison, gaol, lock-up or other place of lawful detention.

SOCIAL SECURITY ACT 1947 - SECT 123
Statements by employers

SECT

123. (1) In this section:
"employment" includes a contract for services.

(2) Where, on or after 1 September 1987, a person's employment with a former employer ceases, the person may request the former employer to provide to the person, in a form approved by the Secretary, a statement in relation to that employment.

(3) Where a person makes a request of a former employer of the person under subsection (2), the former employer shall, as soon as practicable, comply with the request.

Penalty for a contravention of this subsection:
(a) in the case of a natural person-$2,000 or imprisonment for one year, or both; or
(b) in the case of a body corporate-$10,000.

SOCIAL SECURITY ACT 1947 - SECT 124
Medical certificate to be furnished

SECT

124. (1) A claim for a sickness benefit shall, unless the Secretary, in special circumstances, otherwise directs, be supported by the certificate of a medical practitioner certifying as to such matters, and containing such information, as the Secretary requires.

(2) The Secretary may direct that payment of a sickness benefit be deferred until the claimant has been examined by a medical practitioner nominated by the Secretary for that purpose.

SOCIAL SECURITY ACT 1947 - DIVISION 5
Division 5-Payment of Benefits

SOCIAL SECURITY ACT 1947 - SECT 125
Waiting period

SECT

125.*3* (1) An unemployment benefit payable to a person is payable-
(a) in a case where none of paragraphs (b), (c) and (d) applies-from and including the seventh day after the day on which he became unemployed or after the day on which he made a claim for the unemployment benefit, whichever was the later;
(b) in the case where the unemployment benefit became payable to him within the period of 12 weeks after the expiration of-
(i) a period of unemployment in respect of which, by reason of the
operation of paragraph (a), unemployment benefit was not payable; or
(ii) a period of incapacity in respect of which, by reason of the
operation of paragraph (3) (a), sickness benefit was not payable,
from and including the day on which he became unemployed or the day on which he made claim for the unemployment benefit, whichever was the later;
(c) in a case where the person-
(i) was entitled to receive a prescribed pension immediately before
becoming qualified to receive the unemployment benefit; and
(ii) lodged a claim for the benefit within 14 days of the day on which the person became so qualified,
from and including that day; and
(d) in a case where-
(i) the person is a married person and the person's spouse was entitled
to receive a prescribed pension immediately before the person became qualified to receive the unemployment benefit, being a prescribed pension the rate of which was increased by reference to the person; and
(ii) the person lodged a claim for the benefit within 14 days of the day
on which the person became so qualified,
from and including that day or the day after the day on which that
prescribed pension was increased by reference to the person, whichever is the later.

(2) Where-
(a) a person becomes registered as unemployed by the Commonwealth Employment Service; and
(b) the person makes a claim for unemployment benefit within the period of 14 days after the day on which the person became so registered or within such further period as the Secretary considers reasonable,
the day on which the person became so registered shall, for the purposes of the application of sub-section (1) in relation to the person, be taken to be the day on which the person made the claim for unemployment benefit.

(3) A sickness benefit payable to a person is, if a claim for the benefit is lodged within 5 weeks after the day on which the person became incapacitated, payable-
(a) in a case to which paragraph (b) does not apply-from and including the seventh day after the day on which he became incapacitated; or
(b) in the case where the sickness benefit became payable to him within the period of 12 weeks after the expiration of-
(i) a period of incapacity in respect of which, by reason of the
operation of paragraph (a), sickness benefit was not payable; or
(ii) a period of unemployment in respect of which, by reason of the
operation of paragraph (1) (a), unemployment benefit was not payable,
from and including the day on which he became incapacitated.

(4) If a claim for sickness benefit is not lodged within the time specified in subsection (3), the benefit is payable:
(a) if the Secretary is satisfied that the sole or dominant cause of the failure to lodge the claim within that time was the incapacity concerned-from and including such date as the Secretary considers to be reasonable in the circumstances, not being a date earlier than 4 weeks before the day on which the claim is lodged; or
(b) in any other case-from and including the day on which the claim is lodged.

(5) Where-
(a) a person was entitled to receive a prescribed pension immediately before becoming qualified to receive a sickness benefit; or
(b) a married person's spouse was entitled to receive a prescribed pension immediately before the person became qualified to receive a sickness benefit, being a prescribed pension the rate of which was increased by reference to the person,
then, notwithstanding the other provisions of this section, the sickness benefit is payable-
(c) where the person lodges a claim for the benefit within 4 weeks after the day (in this sub-section referred to as the "relevant day") on which the person ceased to receive the prescribed pension referred to in paragraph (a) or became qualified to receive the benefit referred to in paragraph (b), as the case may be-
(i) in a case to which paragraph (a) applies-from and including the day
after the relevant day; and
(ii) in a case to which paragraph (b) applies-from and including the day
on which the person became qualified to receive the benefit or the day after the day on which that prescribed pension was increased by reference to the person, whichever is the later; or
(d) in any other case-from and including the day on which a claim for the benefit is lodged. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 126
Unemployment benefit not payable in certain cases

SECT

126. (1) Subject to sub-section (2), where-
(a) a person's unemployment is due, either directly or indirectly, to a voluntary act of the person which was without sufficient reason;
(b) a person's unemployment is due to the person's misconduct as a worker;
(c) a person has refused or failed, without sufficient reason, to accept a suitable offer of employment;
(ca) a person refuses or fails, without sufficient reason, to comply with a requirement made of the person under section 170;
(d) a person is not taking reasonable steps to obtain employment;
(e) an unemployed person (not being a person to whom a determination under sub-section 116 (2) applies) ceases to be registered as being unemployed by the Commonwealth Employment Service; or
(f) the income of a seasonal or an intermittent worker is sufficient for the maintenance of the worker and the persons who are ordinarily maintained by the worker, notwithstanding that the worker is temporarily unemployed,
an unemployment benefit is not payable to the person in respect of such period as is determined by the Secretary in writing (which may be a period commencing before the day on which the determination is made).

(2) In a case to which paragraph (1) (a), (b), (c) or (d) applies, the period in respect of which an unemployment benefit is not payable shall, subject to subsection (3), be not less than 2 weeks and not more than 12 weeks.
(3) Where:
(a) paragraph (1) (a), (b), (c) or (d) applies to a person at a particular time; and
(b) paragraph (1) (a), (b), (c) or (d) applied to the person (on or after 1 July 1987) within the period of 3 years before that time;
the period in respect of which an unemployment benefit is not payable shall be 4 weeks plus 2 weeks for each additional occasion on which paragraph (1) (a), (b), (c) or (d) applied to the person during that period of 3 years, but not more than 12 weeks.

SOCIAL SECURITY ACT 1947 - SECT 127
Education leavers

SECT

127. (1) Subject to subsections (2), (3) and (6), where a person (not being a person who is receiving a prescribed pension) who is undertaking a course of education of at least 6 month's duration on a full time basis ceases to undertake that course on or after 1 September 1987 and lodges a claim for an unemployment benefit within 6 months after so ceasing, an unemployment benefit is not payable to the person in respect of any period of unemployment during:
(a) if the person is an unmarried person who is under the age of 21 years and has no dependants and is not a person to whom paragraph (b) or (c) applies-the period of 13 weeks commencing on the day (in this subsection called the "lodgment day") on which the person lodged that claim.
(b) if the person ceases to be a person to whom paragraph (a) applies before the end of 6 weeks after the lodgment day-the period of 6 weeks commencing on the lodgment day;
(c) if the person ceases to be a person to whom paragraph (a) applies after the end of 6 weeks after the lodgment day but before the end of 13 weeks after that day-the period commencing on the lodgment day and ending on the day on which the person so ceases; or
(d) in any other case-the period of 6 weeks after the lodgment day.

(2) Where a person to whom paragraph (1) (a) applies had, at any time after ceasing to undertake the course of education, been employed on a full time basis, the period referred to in that paragraph shall be reduced by so much of that period of employment as does not exceed 13 weeks.

(3) Where a person to whom paragraph (1) (b) or (d) applies had, at any time, been employed on a full time basis, the period referred to in that paragraph shall be reduced by so much of that period of employment as does not exceed 6 weeks.

(4) For the purposes of subsection (1), where a person is, under another section of this Act, deemed to have lodged a claim for an unemployment benefit on a day before the day on which the person actually lodged the claim, that earlier day shall be taken to be the lodgment day.

(5) For the purposes of subsections (2) and (3), any period commencing after a person ceases to undertake a course of education during which the person is qualified to receive a sickness benefit or has been paid special benefit shall be taken to be a period during which the person is engaged in full time employment.

(6) Where paragraph (1) (a) ceases to apply to a person as mentioned in paragraph (1) (b) or (c) otherwise than because the person attains the age of 21 years, an unemployment benefit is not payable to the person in respect of any period of unemployment before:
(a) the end of the period of 13 weeks referred to in paragraph (1) (a); or
(b) the person notifies the Department that the person has ceased to be a person to whom paragraph (1) (a) applies; whichever first occurs.

(7) Where:
(a) subsection (1) applies to a person;
(b) an unemployment benefit would not, under this section, be payable to the person during a particular period; and
(c) that period is longer than the period (in this subsection referred to as the "shorter period") commencing on the day on which the person actually lodged the claim for the unemployment benefit and ending at the end of 6 months after the person ceased to undertake the course of education;
the shorter period shall be treated as the period during which an unemployment benefit is not payable to the person under this section.

(8) For the purposes of subsection (1) of this section, section 116 and subsection 125 (2), where a person to whom subsection (1) applies registers with the Commonwealth Employment Service as being unemployed within 4 weeks of ceasing to undertake the course of education, the person shall be taken to have become so registered on the day on which the person ceased to undertake the course.

(9) Notwithstanding subsection (8) of this section and subsection 125 (2), where a person to whom subsection (1) applies:
(a) registers with the Commonwealth Employment Service as being unemployed within 4 weeks of ceasing to undertake the course of education; and
(b) lodges a claim for an unemployment benefit within 6 weeks of ceasing to undertake the course;
the person shall, for the purposes of this Part, be taken to have lodged the claim on the first day after the person ceased to undertake the course on which the person was qualified to receive an unemployment benefit.

SOCIAL SECURITY ACT 1947 - SECT 128
Sickness benefit in lieu of unemployment benefit etc.

SECT

128. (1) Where a person in receipt of an unemployment benefit becomes qualified to receive a sickness benefit, that person may be paid a sickness benefit in lieu of the unemployment benefit and, in any such case, the cessation of the unemployment benefit paid to that person shall, for the purposes of this Act, be regarded as a loss of income by that person, and the sickness benefit shall be payable from and including the day after the day up to which the unemployment benefit is paid to that person or, if the last-mentioned day is a Friday, from and including the following Monday.

(2) Where a person in receipt of a sickness benefit becomes qualified to receive an unemployment benefit, that person may be paid an unemployment benefit in lieu of the sickness benefit, and the unemployment benefit shall be payable from and including the day after the day up to which the sickness benefit is paid to that person or, if the last-mentioned day is a Friday, from and including the following Monday.

SOCIAL SECURITY ACT 1947 - DIVISION 6
Division 6-Special Benefits

SOCIAL SECURITY ACT 1947 - SECT 129
Special benefit

SECT

129.*3* (1) Subject to subsections (2) and (3), the Secretary may, in his discretion, grant a special benefit under this Division to a person-
(a) who is not in receipt of a pension under Part IV or V, a benefit under Part VI, an allowance under Part XIV or a rehabilitation allowance under Part XVI;
(b) who is not a person to whom an unemployment benefit or a sickness benefit is payable; and
(c) with respect to whom the Secretary is satisfied that, by reason of age, physical or mental disability or domestic circumstances, or for any other reason, that person is unable to earn a sufficient livelihood for himself and his dependants (if any).

(2) A special benefit is not payable to a person in respect of a period if-
(a) the person is not qualified to receive an unemployment benefit in respect of that period by reason of paragraph 116 (1) (d) or sub-section 116 (5); or
(b) an unemployment benefit is not payable to the person in respect of that period by reason of section 126.

(3) A special benefit is not payable to a person in respect of a period unless:
(a) the person is a resident of Australia throughout that period; and
(b) the person is not, at any time during that period, a prohibited non-citizen within the meaning of the Migration Act 1958. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 130
Rate of special benefit

SECT

130. (1) The rate of a special benefit payable to any person shall be such rate as the Secretary, in his discretion, from time to time determines, but, subject to subsection (2), shall not exceed the rate of the unemployment benefit or the sickness benefit which could be paid to that person if he were qualified to receive it.

(2) Where:
(a) after the commencement of this section, a person is released from detention after a period of at least 7 days in detention; and
(b) within 7 days of that release the person lodges a claim for special benefit;
the Secretary may determine that the rate of special benefit payable to the person, in relation to the period of 7 days starting on the day when the claim was made, shall be an amount not exceeding twice the rate of the unemployment benefit or the sickness benefit which, disregarding section 122B, could be paid to the person if the person were qualified to receive it.

(3) In this section:
"detention" means detention in a prison, gaol, lock-up or other place of lawful detention.

SOCIAL SECURITY ACT 1947 - SECT 131
Period for which special benefit payable

SECT

131. A special benefit is payable:
(a) from a day, not being earlier than the day on which the claim for special benefit was lodged; and
(b) for a period;
determined by the Secretary.

SOCIAL SECURITY ACT 1947 - DIVISION 7
Division 7-Review of Benefits*8*

*8* Sections 92, 98, heading to Division 7 of Part XIII, sections 132 and 133 (formerly sections 104A, 105E, heading to Division 7 of Part VII, sections 130 and 130A) are amended by section 45 and Schedule 1 and affected by section 48 of the Social Security Legislation Amendment Act 1983. Sections 45 and 48 and Schedule 1 provide as follows:
"45. The Principal Act is amended as set out in Schedule 1.
"48. (1) In this section-
'prescribed provision' means section 30B, 45, 65B, 74, 83AAH, 104A, 105E,
105P, 130, 130A or 133L of the Principal Act;
'relevant event' means an event or change of circumstances notice of which is to be given under a prescribed provision.
"(2) Anything done under, in pursuance of, or for the purposes of, a
provision of the Principal Act amended or repealed by this Part has effect after the amendment or repeal as if it had been done under, in pursuance of, or for the purposes of-
(a) in the case of an amended provision-the provision as so amended; or
(b) in the case of a repealed provision-the corresponding provision of the
Principal Act as amended by this Act.
"(3) Subject to sub-section (5), where the Director-General gives a notice
under sub-section 135TE (1) requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is not required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall not apply to that person after that time.
"(4) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall continue to apply to that person in respect of the event, but shall not otherwise apply to that person after that time.
"(5) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of an increase of that person's income in a period as compared to his income as last specified by him under the Principal Act and that person, if he had such an increase in a period (in this sub-section referred to as the 'current period') that includes the time the notice is given, would be required by a prescribed provision to notify an officer of the increase-
(a) the prescribed provision shall continue to apply in respect of the
current period, but shall not otherwise apply to that person after that time; and
(b) the notice shall apply only in respect of increases of that person's
income in periods commencing after the current period.
"(6) Nothing in sub-section (3), (4) or (5) affects any liability or penalty
incurred by a person under a prescribed provision before the notice under sub-section 135TE (1) is given to that person.
"(7) In relation to offences committed after the day on which this Act
receives the Royal Assent, each prescribed provision has effect, until it is repealed by this Act, as if '$40' were omitted and '$500' were substituted.
"(8) Sub-section 139 (1A) of the Principal Act as amended by this Part does
not apply in relation to an offence committed before the commencement of that sub-section.
"(9) For the purposes of this section, a notice under sub-section 135TE (1)
shall be deemed to have been given on the date of the notice.
"SCHEDULE 1
Section 45 NOTIFICATION PROVISIONS
------------------------------------------------------------------------------ Item Provision Amendment
------------------------------------------------------------------------------ -- * * * *
10 Section 104A ................... Repeal the section.
11 Section 105E ................... Repeal the section.
12 (NOTE) Section 105P ................... Repeal the section.
13 Heading to Division 7 of Part VII
Omit the heading.
14 Section 130 ................... Repeal the section.
15 Section 130A ................... Repeal the section.
* * * *.".
------------------------------------------------------------------------------ -- Sub-section 2 (10) of the Social Security Legislation Amendment Act 1983
provides as follows:
"(10) The amendments of the Principal Act made by the items enumerated in
Schedule 1 shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation, and section 45 shall come into operation accordingly.".
The amendments made by items 1-9 and 16 came into operation on 1 July 1987
(see Gazette 1987, No. S146, p. 1). As at 1 January 1989 no date had been fixed for the commencement of items 10-15 and these amendments are not incorporated in this reprint.
NOTE-Section 111 (formerly section 105P) was repealed by the Social Security
and Veteran's Entitlements Amendment Act (No. 2) 1987 before a date was fixed for the commencement of the proposed amendment.

SOCIAL SECURITY ACT 1947 - SECT 132
Notification

SECT

132.*8* (1) Whenever a beneficiary receives income at a weekly rate higher than the weekly rate of income last specified by him in a claim, statement or notification under this Part, he shall, immediately after the receipt of income at that higher rate, notify the Department accordingly.

(2) Where a beneficiary the rate of whose benefit is increased under section 120 ceases to pay rent or has the rate of his rent reduced, he shall, immediately after he so ceases or after the rate of his rent is so reduced, notify the Department accordingly.

(3) Where a beneficiary the rate of whose benefit is increased under section 120 commences to pay Government rent, he shall, immediately after the date on which the first payment of Government rent is due, notify the Department accordingly.

(4) Where-
(a) a beneficiary is a de facto spouse and the rate of the benefit payable to the beneficiary is dependent upon that fact; and
(b) the circumstances by reason of which the beneficiary is a de facto spouse cease to exist,
the beneficiary shall, immediately after that cessation, notify the Department accordingly.

(5) When a beneficiary marries or remarries, a beneficiary's marriage is dissolved, or the spouse of a beneficiary dies, the beneficiary shall, immediately after the marriage, remarriage, dissolution of the marriage or death, notify the Department accordingly.
Penalty: $40. *8* Sections 92, 98, heading to Division 7 of Part XIII, sections 132 and 133 (formerly sections 104A, 105E, heading to Division 7 of Part VII, sections 130 and 130A) are amended by section 45 and Schedule 1 and affected by section 48 of the Social Security Legislation Amendment Act 1983. Sections 45 and 48 and Schedule 1 provide as follows:
"45. The Principal Act is amended as set out in Schedule 1.
"48. (1) In this section-
'prescribed provision' means section 30B, 45, 65B, 74, 83AAH, 104A, 105E,
105P, 130, 130A or 133L of the Principal Act;
'relevant event' means an event or change of circumstances notice of which is to be given under a prescribed provision.
"(2) Anything done under, in pursuance of, or for the purposes of, a
provision of the Principal Act amended or repealed by this Part has effect after the amendment or repeal as if it had been done under, in pursuance of, or for the purposes of-
(a) in the case of an amended provision-the provision as so amended; or
(b) in the case of a repealed provision-the corresponding provision of the
Principal Act as amended by this Act.
"(3) Subject to sub-section (5), where the Director-General gives a notice
under sub-section 135TE (1) requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is not required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall not apply to that person after that time.
"(4) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall continue to apply to that person in respect of the event, but shall not otherwise apply to that person after that time.
"(5) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of an increase of that person's income in a period as compared to his income as last specified by him under the Principal Act and that person, if he had such an increase in a period (in this sub-section referred to as the 'current period') that includes the time the notice is given, would be required by a prescribed provision to notify an officer of the increase-
(a) the prescribed provision shall continue to apply in respect of the
current period, but shall not otherwise apply to that person after that time; and
(b) the notice shall apply only in respect of increases of that person's
income in periods commencing after the current period.
"(6) Nothing in sub-section (3), (4) or (5) affects any liability or penalty
incurred by a person under a prescribed provision before the notice under sub-section 135TE (1) is given to that person.
"(7) In relation to offences committed after the day on which this Act
receives the Royal Assent, each prescribed provision has effect, until it is repealed by this Act, as if '$40' were omitted and '$500' were substituted.
"(8) Sub-section 139 (1A) of the Principal Act as amended by this Part does
not apply in relation to an offence committed before the commencement of that sub-section.
"(9) For the purposes of this section, a notice under sub-section 135TE (1)
shall be deemed to have been given on the date of the notice.
"SCHEDULE 1
Section 45 NOTIFICATION PROVISIONS
------------------------------------------------------------------------------ Item Provision Amendment
------------------------------------------------------------------------------ -- * * * *
10 Section 104A ................... Repeal the section.
11 Section 105E ................... Repeal the section.
12 (NOTE) Section 105P ................... Repeal the section.
13 Heading to Division 7 of Part VII
Omit the heading.
14 Section 130 ................... Repeal the section.
15 Section 130A ................... Repeal the section.
* * * *.".
------------------------------------------------------------------------------ -- Sub-section 2 (10) of the Social Security Legislation Amendment Act 1983
provides as follows:
"(10) The amendments of the Principal Act made by the items enumerated in
Schedule 1 shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation, and section 45 shall come into operation accordingly.".
The amendments made by items 1-9 and 16 came into operation on 1 July 1987
(see Gazette 1987, No. S146, p. 1). As at 1 January 1989 no date had been fixed for the commencement of items 10-15 and these amendments are not incorporated in this reprint.
NOTE-Section 111 (formerly section 105P) was repealed by the Social Security
and Veteran's Entitlements Amendment Act (No. 2) 1987 before a date was fixed for the commencement of the proposed amendment.

SOCIAL SECURITY ACT 1947 - SECT 133
Engaging in employment etc. to be notified

SECT

133.*8* A beneficiary who-
(a) commences to engage in paid employment (including casual employment) with an employer; or
(b) commences to carry on a profession, trade or business, whether on his own account or as a member of a partnership, shall, immediately upon so commencing to engage in paid employment or to carry on the profession, trade or business, notify the Department accordingly.
Penalty: $40. *8* Sections 92, 98, heading to Division 7 of Part XIII, sections 132 and 133 (formerly sections 104A, 105E, heading to Division 7 of Part VII, sections 130 and 130A) are amended by section 45 and Schedule 1 and affected by section 48 of the Social Security Legislation Amendment Act 1983. Sections 45 and 48 and Schedule 1 provide as follows:
"45. The Principal Act is amended as set out in Schedule 1.
"48. (1) In this section-
'prescribed provision' means section 30B, 45, 65B, 74, 83AAH, 104A, 105E,
105P, 130, 130A or 133L of the Principal Act;
'relevant event' means an event or change of circumstances notice of which is to be given under a prescribed provision.
"(2) Anything done under, in pursuance of, or for the purposes of, a
provision of the Principal Act amended or repealed by this Part has effect after the amendment or repeal as if it had been done under, in pursuance of, or for the purposes of-
(a) in the case of an amended provision-the provision as so amended; or
(b) in the case of a repealed provision-the corresponding provision of the
Principal Act as amended by this Act.
"(3) Subject to sub-section (5), where the Director-General gives a notice
under sub-section 135TE (1) requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is not required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall not apply to that person after that time.
"(4) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of a relevant event and that person, at the time the notice is given, is required to give notice of the event under the prescribed provision relating to the event, the prescribed provision shall continue to apply to that person in respect of the event, but shall not otherwise apply to that person after that time.
"(5) Where the Director-General gives a notice under sub-section 135TE (1)
requiring a person to notify the Department or an officer of an increase of that person's income in a period as compared to his income as last specified by him under the Principal Act and that person, if he had such an increase in a period (in this sub-section referred to as the 'current period') that includes the time the notice is given, would be required by a prescribed provision to notify an officer of the increase-
(a) the prescribed provision shall continue to apply in respect of the
current period, but shall not otherwise apply to that person after that time; and
(b) the notice shall apply only in respect of increases of that person's
income in periods commencing after the current period.
"(6) Nothing in sub-section (3), (4) or (5) affects any liability or penalty
incurred by a person under a prescribed provision before the notice under sub-section 135TE (1) is given to that person.
"(7) In relation to offences committed after the day on which this Act
receives the Royal Assent, each prescribed provision has effect, until it is repealed by this Act, as if '$40' were omitted and '$500' were substituted.
"(8) Sub-section 139 (1A) of the Principal Act as amended by this Part does
not apply in relation to an offence committed before the commencement of that sub-section.
"(9) For the purposes of this section, a notice under sub-section 135TE (1)
shall be deemed to have been given on the date of the notice.
"SCHEDULE 1
Section 45 NOTIFICATION PROVISIONS
------------------------------------------------------------------------------ Item Provision Amendment
------------------------------------------------------------------------------ -- * * * *
10 Section 104A ................... Repeal the section.
11 Section 105E ................... Repeal the section.
12 (NOTE) Section 105P ................... Repeal the section.
13 Heading to Division 7 of Part VII
Omit the heading.
14 Section 130 ................... Repeal the section.
15 Section 130A ................... Repeal the section.
* * * *.".
------------------------------------------------------------------------------ -- Sub-section 2 (10) of the Social Security Legislation Amendment Act 1983
provides as follows:
"(10) The amendments of the Principal Act made by the items enumerated in
Schedule 1 shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation, and section 45 shall come into operation accordingly.".
The amendments made by items 1-9 and 16 came into operation on 1 July 1987
(see Gazette 1987, No. S146, p. 1). As at 1 January 1989 no date had been fixed for the commencement of items 10-15 and these amendments are not incorporated in this reprint.
NOTE-Section 111 (formerly section 105P) was repealed by the Social Security
and Veteran's Entitlements Amendment Act (No. 2) 1987 before a date was fixed for the commencement of the proposed amendment.

SOCIAL SECURITY ACT 1947 - DIVISION 8
Division 8-General

SOCIAL SECURITY ACT 1947 - SECT 134
Benefits to be paid by instalments

SECT

134. (1) Benefits shall be paid by instalments in respect of such periods as the Secretary determines.

(2) Instalments shall be paid at such times as the Secretary determines.

(3) Where the period in respect of an instalment of a benefit is, or includes, a period of less than a week (in this sub-section referred to as "the relevant period"), the instalment, or that part of the instalment that relates to the relevant period, shall be an amount calculated at one-fifth of the weekly rate of the benefit for each day, not being a Saturday or Sunday, in the relevant period.
(4) Where the weekly rate of a benefit payable to a person would, but for this subsection, include 0.5 cent, that rate shall be increased by 0.5 cent.

SOCIAL SECURITY ACT 1947 - SECT 135
Payment in advance for period during which beneficiary ceases to be eligible
for benefit

SECT

135. Where-
(a) an amount has been paid in advance (otherwise than in accordance with sub-section 161 (3)) by way of benefit in respect of a period (being a period not exceeding 14 days) during which the beneficiary ceases to be eligible to be paid the whole or part of that amount; and
(b) the amount is not an amount to which sub-section 246 (1) applies, the fact of the beneficiary so ceasing to be eligible does not affect the entitlement of the beneficiary to that payment or any part of that payment.

SOCIAL SECURITY ACT 1947 - SECT 136
Benefit not payable to full-time students

SECT

136.*3* (1) Subject to subsection (2A), a benefit is not payable to a person (not being an eligible person) in respect of any period during which-
(a) a payment in respect of the person has been or may be made under a prescribed educational scheme; or
(b) the person is engaged, otherwise than in compliance with a requirement made of the person under section 170, in a course of education on a full-time basis.

(2) For the purposes of paragraph (1) (b), a person who is enrolled in a course of education shall be taken to be engaged in that course from the day on which the person commences that course until the person completes or abandons that course, including during periods of vacation but not including during periods of deferment.

(2A) Where:
(a) a person may commence a course of education on a full time basis; and
(b) a payment may be made to or in respect of the person under a prescribed educational scheme;
the Secretary may decide that a benefit may be granted to the person or may continue to be payable to the person but, if the person commences that course, the benefit ceases to be payable on the day on which the person commences that course.

(3) In subsection (1), "eligible person" means a person:
(a) who is under the age of 16 years; and
(b) to whom subsection 118 (8) would apply if:
(i) the person had attained the age of 16 years; and
(ii) ", and for a continuous period of at least 6 weeks has not lived,"
were omitted from paragraph 118 (8) (a).

(4) In this section, "prescribed educational scheme" means any of the following schemes:
(a) the AUSTUDY scheme;
(b) the Aboriginal Study Assistance Scheme to the extent that that scheme applies to full-time students;
(c) the Aboriginal Secondary Assistance Scheme;
(d) the Post-Graduate Awards Scheme;
(e) the Veterans' Children Education Scheme;
(f) the Assistance for Isolated Children Scheme;
(g) the scheme to provide an allowance known as the Adult Migrant Education Program Living Allowance;
(h) the scheme to provide an allowance known as the Maintenance Allowance for Refugees. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 137
Benefit not payable to certain war widows

SECT

137. (1) In this section, "widow" has the same meaning as in section 41.

(2) Where, immediately before 1 November 1986, a widow was receiving-
(a) a pension under Part II or IV of the Veterans' Entitlements Act 1986 at a rate determined under or by reference to sub-section 30 (2) of that Act or a pension under the Seamen's War Pensions and Allowances Act 1940 at a rate determined under sub-section 18 (2) of that Act; and
(b) a benefit under this Part,
the rate of the benefit under this Part shall not, on or after 1 November 1986 and while the widow continues to receive the pension referred to in paragraph (a)-
(c) in a case where the widow was receiving a benefit under this Part immediately before 1 November 1986 at a rate less than $60.05 per week-be increased under, or by virtue of the operation of, this Act to a rate greater than $60.05 per week; or
(d) in any other case-be increased under, or by virtue of the operation of, this Act to a rate greater than the rate at which it was payable immediately before 1 November 1986.

(3) A widow (other than a widow to whom sub-section (2) applies) who is, on or after 1 November 1986, receiving a pension of the kind referred to in paragraph (2) (a) is not, after that day, qualified to receive a benefit under this Part.

(4) Where a widow who, on or after 1 November 1986, is receiving a benefit under this Part commences to receive a pension of the kind referred to in paragraph (2) (a), the widow ceases to be qualified to receive that benefit.

SOCIAL SECURITY ACT 1947 - SECT 138
Deductions from benefits for payment of board and lodging

SECT

138. (1) Where-
(a) a beneficiary;
(b) a person who, under sub-section 118 (2) or (11), is taken into account for the purpose of determining the rate of benefit payable to a beneficiary; or
(c) a beneficiary and such a person,
is or are, during a period in respect of which the beneficiary is qualified to receive a benefit, provided with board and lodging by the Commonwealth, by an authority constituted under a law of the Commonwealth or by Commonwealth Accommodation and Catering Services Limited, the Secretary may deduct from the benefit payable to the beneficiary in respect of that period such amount, not exceeding the amount payable for that board and lodging during that period, as, having regard to all the circumstances of the case, the Secretary considers reasonable.

(2) The Secretary shall pay to the appropriate officer of the Commonwealth, to the authority or to Commonwealth Accommodation and Catering Services Limited, as the case may be, an amount equal to each amount which he deducts under sub-section (1), and that payment shall be deemed to be a payment on account of the amount payable to the Commonwealth, to the authority or to Commonwealth Accommodation and Catering Services Limited, as the case may be, for the board and lodging.

SOCIAL SECURITY ACT 1947 - PART XIV
PART XIV-SHELTERED EMPLOYMENT ALLOWANCES *7*

*7* Parts IV, V, VI, XIII, XIV and XVI (formerly Parts III, IV, IVAAA, VII, VIIA and VIII)-Section 42 of the Veterans' Entitlements Act 1986 affects the operation of the Social Security Act 1947, as follows:
"42. (1) Notwithstanding anything contained in this Part-
(b) a person is not entitled to receive, at the same time, a service pension and-
(i) a pension under Part III or IV;
(ii) a benefit under Part IVAAA or VII;
(iii) an allowance under Part VIIA; or
(iv) a rehabilitation allowance under Part VIII,
of the Social Security Act 1947;
"(2) In sub-section (1)-
'service pension' includes wife's service pension and carer's service
pension.".

SOCIAL SECURITY ACT 1947 - SECT 139
Interpretation

SECT

139. (1) In this Part, unless the contrary intention appears-
"allowance" means a sheltered employment allowance under this Part;
"approved organization" means-
(a) an organization that is carried on otherwise than for the purposes of
profit or gain to its individual members and is-
(i) a religious organization;
(ii) an organization the principal objects or purposes of which are
charitable or benevolent;
(iii) an organization of former members of the Defence Force established in every State or a State branch of such an organization; or
(iv) an organization approved by the Minister for the purposes of this
Part; and
(b) a local governing body,
and includes-
(c) the trustee or trustees under a trust established by an organization
referred to in paragraph (a) or by a local governing body;
(d) a corporation established by such an organization or by a local
governing body; and
(e) the trustee or trustees under a trust established for charitable or
benevolent purposes and approved by the Minister for the purpose of this Part;
"disabled person" means a person who-
(a) is qualified under Division 3 of Part IV to receive an invalid pension or is, by virtue of a direction under sub-section (2), deemed to be incapacitated for the purposes of this Part; and
(b) has not attained-
(i) in the case of a female-the age of 60 years; or
(ii) in the case of a male-the age of 65 years;
"local governing body" means a local governing body established by or under a law of a State or Territory;
"organization" includes a society and an association;
"sheltered employment" means employment that, by virtue of a direction under section 140, is, for the purposes of this Act, sheltered employment.

(2) Where-
(a) a person is engaged in sheltered employment and-
(i) he is permanently incapacitated for work but the degree of that
incapacity is less than 85%; or
(ii) he is temporarily incapacitated for work;
(b) the Secretary is of the opinion that, if he ceased to be provided with sheltered employment, his physical or mental condition would become such that-
(i) in the case of a person referred to in sub-paragraph (a) (i)-the
degree of his permanent incapacity for work would become not less than 85%; or
(ii) in the case of a person referred to in sub-paragraph (a) (ii)-he
would become permanently incapacitated for work and the degree of that incapacity would be not less than 85%; and
(c) he would, if he were permanently incapacitated for work and the degree of that incapacity were not less than 85%, be qualified under Division 3 of Part IV to receive an invalid pension,
the Secretary may direct that he shall be deemed to be incapacitated for the purpose of this Part.

SOCIAL SECURITY ACT 1947 - SECT 140
Sheltered employment

SECT

140. (1) Where the Secretary is satisfied that-
(a) an approved organization provides paid employment for disabled persons at any premises; and
(b) the persons, or a substantial number of the persons, employed at those premises are disabled persons,
the Secretary may direct that paid employment provided at those premises by the organization is, for the purposes of this Part, sheltered employment.

(2) Where, under subsection 10 (1) of the Disability Services Act 1986, the Minister administering that Act has approved the making of a grant of financial assistance to an approved organisation in relation to the provision by the organisation of supported employment services within the meaning of section 7 of that Act, the Secretary may decide that the paid employment to which those supported employment services relates is, for the purposes of this Part, sheltered employment.

(3) A decision under subsection (2) may be expressed to relate to paid employment provided at a time earlier than the date on which the decision was made, not being a time earlier than 5 June 1987.

SOCIAL SECURITY ACT 1947 - SECT 141
Qualification for allowance

SECT

141.*3* (1) Subject to this Part, a disabled person who is engaged in sheltered employment is qualified to receive a sheltered employment allowance.

(2) Where-
(a) a person who is qualified under sub-section (1) to receive a sheltered employment allowance is also qualified to receive a pension under Part IV or V or a benefit under Part VI or XIII; and
(b) the Secretary is satisfied that it is in the interests of the person that the pension or benefit should be paid to the person instead of the sheltered employment allowance,
the Secretary may direct that the pension or benefit shall be paid to the person and that the sheltered employment allowance is not payable to the person. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 142
Amount of allowance

SECT

142. The amount of an instalment of an allowance that is payable to a person on a pension pay-day is an amount equal to the sum of-
(a) the amount of invalid pension that would, in the opinion of the Secretary, be payable to the person on that day if invalid pension were payable to the person on that day; and
(b) the amount (if any) of a pension under Part IV that would, in the opinion of the Secretary, be payable to another person (not being a person who is in receipt of a prescribed pension) on that day by reason of that first-mentioned person being in receipt of invalid pension on that day, if invalid pension were payable to the first-mentioned person on that day.

SOCIAL SECURITY ACT 1947 - SECT 143
Incentive allowance

SECT

143.*2* A person to whom a sheltered employment allowance under this Part has been granted is entitled, during any period in respect of which he is entitled to receive that allowance, to receive in addition an incentive allowance at the rate of $15 per week. *2* Sections 3, 4, 4B, 8, 36, 50, 74, 120, 143 and Schedule 3 are amended by sections 3 (2)-(5),9-20 and Schedule 1 of the Social Security and Veterans' Affairs Legislation Amendment Act 1988, section 2 of which provides as follows:
"2. Each provision of this Act commences, or shall be taken to have
commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 144
Other pensions etc. not payable to a person in receipt of allowance

SECT

144.*3* A pension, allowance or benefit is not payable to a person under Part IV, V or VI in respect of any period in respect of which an allowance is payable to him under this Part. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - PART XV
PART XV-MOBILITY ALLOWANCE

SOCIAL SECURITY ACT 1947 - SECT 145
Interpretation

SECT

145. In this Part, unless the contrary intention appears-
"allowance pay day" means a day on which payments of mobility allowances are to be made in pursuance of a determination of the Secretary under sub-section 148 (1);
"handicapped person" means a person who has a physical or mental disability and who has attained the age of 16 years;
"sheltered employment" means paid employment in respect of which a direction under section 140 is in force;
"vocational training" includes training for a profession or occupation.

SOCIAL SECURITY ACT 1947 - SECT 146
Eligibility for mobility allowance

SECT

146. (1) Subject to this Part, a handicapped person to whom sub-section (2) applies-
(a) who is, in the opinion of the Secretary, permanently unable, or unable for an extended period, by reason of his physical or mental disability, to use public transport without substantial assistance; and
(b) who-
(i) is engaged in either or both of the following activities:
(A) gainful employment (including sheltered employment);
(B) the undertaking of vocational training (other than training provided as part of a rehabilitation program or follow-up program under Part III of the Disability Services Act 1986), being training that, in the opinion of the Secretary, will assist the person to find gainful employment (including sheltered employment) or to carry on a profession, trade or business; and
(ii) is, in the opinion of the Secretary, so engaged on a continuing basis for not less than 20 hours in each week,
is eligible to receive a mobility allowance under this Part.

(2) This sub-section applies to a person if-
(a) the person is physically present in Australia; and
(b) the person is an Australian resident.

(3) A person is not eligible to receive a mobility allowance during any period during which the person is provided with a motor vehicle under the Vehicle Assistance Scheme prepared in accordance with section 105 of the Veterans' Entitlements Act 1986.

(4) Subject to sub-section (5), where a mobility allowance is payable to a person and the person ceases to be eligible to receive a mobility allowance, the mobility allowance ceases to be payable to the person in respect of any period after the first allowance pay day after the day on which the person ceased to be so eligible.

(5) Subject to this Part, where-
(a) a mobility allowance is payable to a person; and
(b) the person ceases to be eligible to receive a mobility allowance by reason of the person ceasing to be a person referred to in sub-paragraph (1) (b) (i) or (ii),
the mobility allowance shall continue to be paid to the person during the period of 3 months commencing on the first allowance pay day after the day on which the person ceased to be eligible to receive the mobility allowance.

(6) Where-
(a) a mobility allowance is payable to a person by virtue of sub-section (5); and
(b) the person ceases to be eligible to receive a mobility allowance otherwise than by reason of the person ceasing to be a person referred to in sub-paragraph (1) (b) (i) or (ii),
the mobility allowance ceases to be payable to the person.

SOCIAL SECURITY ACT 1947 - SECT 147
Rate of mobility allowance

SECT

147. The rate of a mobility allowance in respect of a handicapped person is $11 per week.

SOCIAL SECURITY ACT 1947 - SECT 148
Payment of mobility allowance

SECT

148. (1) The Secretary shall determine in writing that payments of mobility allowances are to be made on particular days during any period.

(2) Subject to sub-section (3), where a mobility allowance is granted, it shall be paid-
(a) if the day on which the claim was lodged is an allowance pay day-from that day; and
(b) in any other case-from the first allowance pay day occurring after the day on which the claim was lodged.

(3) Where a person receives the benefit of an exemption under item 135 or 135A of the First Schedule to the Sales Tax (Exemptions and Classifications) Act 1935 (not being an exemption in respect of parts for a motor vehicle), the person is not eligible to receive a mobility allowance in respect of the period of 2 years commencing on the day on which the person received the benefit of that exemption.

SOCIAL SECURITY ACT 1947 - PART XVI
PART XVI-REHABILITATION ALLOWANCE*7*

*7* Parts IV, V, VI, XIII, XIV and XVI (formerly Parts III, IV, IVAAA, VII, VIIA and VIII)-Section 42 of the Veterans' Entitlements Act 1986 affects the operation of the Social Security Act 1947, as follows:
"42. (1) Notwithstanding anything contained in this Part-
(b) a person is not entitled to receive, at the same time, a service pension and-
(i) a pension under Part III or IV;
(ii) a benefit under Part IVAAA or VII;
(iii) an allowance under Part VIIA; or
(iv) a rehabilitation allowance under Part VIII,
of the Social Security Act 1947;
"(2) In sub-section (1)-
'service pension' includes wife's service pension and carer's service
pension.".

SOCIAL SECURITY ACT 1947 - SECT 149
Interpretation

SECT

149.*3* In this Part, unless the contrary intention appears-
"allowance" means a sheltered employment allowance under Part XIV;
"beneficiary" means a person in receipt of a benefit;
"benefit" means a benefit under Part XIII;
"pension" means an invalid pension under Part IV, a widow's pension under Part V or a benefit under Part VI;
"pensioner" means a person in receipt of a pension;
"rehabilitation allowance" means a rehabilitation allowance under this Part; *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 150
Persons eligible to be paid rehabilitation allowance etc.

SECT

150. (1) A person (other than an unmarried person who has not attained 16 years of age or a person who has attained 65 years of age) who-
(a) is-
(i) undertaking a rehabilitation program under Part III of the Disability Services Act 1986; or
(ii) undertaking a follow-up program under that Part, being a follow-up
program, or a follow-up program included in a class of such programs, in relation to which the Secretary has directed that this paragraph apply; and
(b) is qualified or eligible to receive a pension, benefit or allowance, is eligible to receive a rehabilitation allowance.

(2) A person receiving a rehabilitation allowance is not entitled to receive a pension, benefit or allowance.

SOCIAL SECURITY ACT 1947 - SECT 151
Rate of rehabilitation allowance

SECT

151. (1) The amount of an instalment of a rehabilitation allowance that is payable to a person on a pension pay-day is-
(a) in a case to which paragraph (b) does not apply-
(i) in the case of a person who, immediately before the time when he
became eligible to receive the rehabilitation allowance, was a pensioner, a beneficiary or a person in receipt of an allowance-the amount (if any) that he would have received on that pension pay-day if he had continued to receive payment of the pension, benefit or allowance that he was receiving immediately before that time; and
(ii) in the case of a person who, immediately before he became eligible to receive the rehabilitation allowance, was eligible or qualified to receive a pension, benefit or allowance-the amount (if any) that he would have received on that pension pay-day if he were receiving payment of the pension, benefit or allowance; and
(b) in a case where, if the person (not being a person who was, immediately before he became eligible to receive the rehabilitation allowance, an invalid pensioner for the purposes of Part IV) were an invalid pensioner for the purposes of Part IV, the sum of-
(i) an amount equal to the sum of the amount of invalid pension and the
amount (if any) of allowance under section 31, that would be payable to the person on that day if invalid pension were payable to the person on that day; and
(ii) an amount equal to the sum of the amount (if any) of a pension under
Part IV and the amount (if any) of allowance under section 31, that would be payable to another person (not being a person who is in receipt of a prescribed pension) on that day by reason of the first-mentioned person being in receipt of invalid pension on that day if invalid pension were payable to the first-mentioned person on that day,
is greater than the amount of the instalment calculated in relation to the
first-mentioned person under paragraph (a)-the sum of those amounts.

(2) The amount of an instalment of a rehabilitation allowance calculated in accordance with sub-section (1) shall not be affected by reason of the person ceasing to be eligible or qualified to receive the pension, benefit or allowance that, immediately before the person became eligible to receive the rehabilitation allowance, the person was eligible or qualified to receive.

SOCIAL SECURITY ACT 1947 - PART XVII
PART XVII-PAYMENTS BY WAY OF COMPENSATION*10* and *11*

*10* Part XVII (sections 152-157)-Subsection 39 (1) of the Social Services Amendment Act 1979 repealed section 115 and substituted Division 3A of Part VII as from 1 August 1982. Before its repeal, section 115 provided as follows:
Provisions where beneficiary entitled to compensation, &c.
"115. (1) Where a person has received, is receiving or is qualified or
entitled to receive, in respect of any period during which he is qualified to receive a sickness benefit, a payment by way of compensation in respect of the incapacity by reason of which he is qualified to receive that sickness benefit, the rate of the sickness benefit to which that person would otherwise be entitled shall be reduced by the amount per week of that payment.
"(2) Where a person is or has been qualified to receive a sickness benefit
in respect of an incapacity and the Director-General is of opinion that the whole or a part of a payment by way of a lump sum that that person has received, or is qualified or entitled to receive, can reasonably be regarded for the purposes of this section as being a payment that-
(a) is by way of compensation in respect of the incapacity; and
(b) is in respect of a period during which that person is or was qualified
to receive that sickness benefit,
the payment, or that part of the payment, as the case may be, shall, for the purposes of this section, be deemed to be such a payment.
"(3) Where, in pursuance of sub-section (1), a sickness benefit is reduced
by the amount of a payment, that payment shall not, for the purposes of the last preceding section, be regarded as income.
"(4) Where-
(a) a person has received, in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, a payment of the kind referred to in sub-section (1); and
(b) the whole or portion of that payment is in respect of a period in
respect of which sickness benefit has been paid to him without reduction in accordance with sub-section (1),
that person shall be liable to pay to the Director-General an amount equal to so much of the benefit as would not have been paid if the rate of the benefit had been so reduced.
"(4A) Where the Director-General is satisfied that special circumstances
exist by reason of which a person liable by virtue of the last preceding sub-section to pay an amount to the Director-General should be released in whole or in part from the liability, the Director-General may release the person accordingly.
"(5) The Director-General may, by notice in writing served on a person
(including the Commonwealth or an authority of the Commonwealth or a State or an authority of a State, and in this section referred to as 'the person liable to pay compensation') who is liable to make a payment of the kind referred to in sub-section (1) to or on behalf of another person (in this section referred to as 'the person entitled to receive compensation') in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, inform the person liable to pay compensation that the Director-General proposes to recover from him the whole or some part of the amount of the benefit paid to the person entitled to receive compensation.
"(6) The Director-General may, by the same notice or by a subsequent notice
in writing served on the person liable to pay compensation, specify an amount payment of which is claimed by the Director-General, and thereupon the person liable to pay compensation shall become liable to pay to the Director-General the amount so specified and, in default of payment, the Director-General may recover that amount in any court of competent jurisdiction from the person liable to pay compensation.
"(7) The amount which may be specified by the Director-General under the
last preceding sub-section shall be an amount equal to so much of the benefit paid to the person entitled to receive compensation as would not have been paid if the rate of the benefit had, during the period in respect of which the compensation is payable, been reduced in accordance with sub-section (1).
"(8) After the service on a person of a notice under sub-section (5), that
person shall not pay to or on behalf of the person entitled to receive compensation any amount of compensation until the Director-General has specified the amount which the person liable to pay compensation is liable to pay to the Director-General.
"(9) Payment of an amount to the Director-General under sub-section (6)
shall, to the extent of the payment, operate as a discharge to the person liable to pay compensation as against the person entitled to receive compensation.
"(10) This section shall have effect, in relation to the Commonwealth or an
authority of the Commonwealth, notwithstanding the provisions of any other Act which, but for this sub-section, would prevent this section having effect.
"(11) The reference in sub-section (1) to a payment by way of compensation
shall be read as including a reference to-
(a) a payment by way of damages; and
(b) a payment that, in the opinion of the Director-General, is in the nature of compensation or damages,
but shall not be read as including a reference to a payment for which the person who has received, is receiving or is qualified or entitled to receive the payment has made contributions.
"(12) The reference in sub-section (5) to a person who is liable to make a
payment of the kind referred to in sub-section (1) to or on behalf of another person shall be read as including a reference to an insurer who, under a contract of insurance, is liable to indemnify the person liable to make the payment against his liability.
"(13) In this section, 'sickness benefit' includes a supplementary
allowance.".
Sub-sections 39 (2)-(5) of the Social Services Amendment Act 1979 (as amended by section 49 of the Social Services Legislation Amendment Act 1982 and by section 110 of the Social Security Legislation Amendment Act 1982) provide as follows:
"(2) Subject to sub-section (2A), the Division set out in sub-section (1)
applies to, and in relation to, any payments by way of compensation made after the commencement of this section.
"(2A) Where-
(a) a payment by way of compensation was made to a person before the
commencement of this section in respect of an incapacity of the person; and
(b) a sickness benefit in respect of that incapacity becomes payable to the
person after the commencement of this section,
the Division set out in sub-section (1) applies to, and in relation to, that payment by way of compensation.
"(3) Notwithstanding the amendment made by sub-section (1), section 115 of
the Principal Act continues to apply to, and in relation to-
(a) any sickness benefit that was, immediately before the commencement of
this section, payable at a reduced rate by virtue of sub-section (1) of that section; and
(b) any liability of a person to pay an amount to the Director-General under sub-section (4), or in accordance with a notice under sub-section (5) or (6), of that section that accrued before the commencement of this section.

"(4) Where-
(a) a notice had been served on a person (in this sub-section referred to as 'the person liable to pay compensation') under sub-section 115 (5) of the Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the person liable to pay compensation in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the person liable to pay compensation under sub-section 115C (1) of the Principal Act as amended by this Act.
"(5) Where-
(a) a notice has been served on an insurer under sub-section 115 (5) of the
Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the insurer in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the insurer under sub-section 115D (1) of the Principal Act as amended by this Act.".

*11*Part XVII (sections 152-157)-Subsection 42 (1) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 repealed Division 3A of Part VII (sections 115-115H) which was in force from 1 August 1982 until 30 April 1987. The repealed Division is set out below under the heading "DIVISION 3A of PART VII".
Subsection 42 (2) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 provides as follows:
"(2) Notwithstanding the repeal of Division 3A of Part VII of the Principal
Act, that Division continues to apply in relation to a sickness benefit within the meaning of that Division that commenced to be paid before 1 May 1987.".

SOCIAL SECURITY ACT 1947 - SECT 152
Interpretation

SECT

152.*10* and *11* (1) In this Part-
"pension" means:
(a) an invalid pension (including any allowance under section 31);
(b) a benefit under Part XIII; or
(c) a sheltered employment allowance under Part XIV (including any
allowance under section 143);
being a pension, benefit or allowance that commenced to be paid on or after
1 May 1987, or a rehabilitation allowance under Part XVI that became payable in lieu of such a pension, benefit or allowance;
"spouse's pension" means-
(a) a pension; or
(b) a wife's pension or a carer's pension that commenced to be paid on or
after 1 May 1987.

(2) In this Part-
(a) a reference to a payment by way of compensation is a reference to-
(i) a payment by way of damages;
(ii) a payment under a scheme of insurance or compensation provided for by a law of the Commonwealth or of a State or Territory, including a payment under a contract entered into pursuant to such a scheme;
(iii) a payment, whether with or without admission of liability, in
settlement of a claim under such a scheme or of a claim for damages; or
(iv) any other payment in the nature of compensation or damages, other
than a payment for which the recipient has made contributions,
whether made within or outside Australia, being a payment received on or
after 1 May 1987 that is, in whole or in part, in respect of an incapacity for work;
(b) a reference to the receipt by a person of a payment includes a reference to the receipt of the payment by another person on behalf of or at the direction of the first-mentioned person;
(c) a reference to the compensation part of a lump sum payment by way of compensation is a reference to:
(i) if the lump sum payment was made (whether with or without admission
of liability) in settlement of a claim that is, in whole or in part, related to disease or injury and:
(A) in a case where a judgment by consent was entered in respect of the
settlement-the judgment was entered on or after 9 February 1988; or
(B) in any other case-the settlement was made or entered into on or
after 9 February 1988;
50% of the lump sum payment; or
(ii) in any other case-so much of the lump sum payment as is, in the
opinion of the Secretary, in respect of an incapacity for work;
(d) a reference to the periodic payments period, in relation to a series of periodical payments by way of compensation, is a reference to-
(i) in a case where those payments have ceased-the period in respect of
which those payments were made; or
(ii) in any other case-the period in respect of which those payments will, in the opinion of the Secretary, be made; and
(e) a reference to the lump sum payment period, in relation to a lump sum payment by way of compensation, is a reference to the number of weeks, beginning on the first day of the period in respect of which the payment was or is to be made, ascertained by dividing the compensation part of the lump sum payment by the estimate last published by the Australian Statistician before the lump sum became payable of the average total weekly earnings of all male employees in Australia for a particular month.

(3) The reference in paragraph (2) (e) to the first day of the period in respect of which a lump sum payment was or is to be made is a reference to-
(a) in a case to which paragraph (b) does not apply-the day on which the relevant incapacity for work commenced; or
(b) in a case where periodical payments by way of compensation were made in respect of the incapacity-the day after the day on which the last of those payments was made. *10* Part XVII (sections 152-157)-Subsection 39 (1) of the Social Services Amendment Act 1979 repealed section 115 and substituted Division 3A of Part VII as from 1 August 1982. Before its repeal, section 115 provided as follows:
Provisions where beneficiary entitled to compensation, &c.
"115. (1) Where a person has received, is receiving or is qualified or
entitled to receive, in respect of any period during which he is qualified to receive a sickness benefit, a payment by way of compensation in respect of the incapacity by reason of which he is qualified to receive that sickness benefit, the rate of the sickness benefit to which that person would otherwise be entitled shall be reduced by the amount per week of that payment.
"(2) Where a person is or has been qualified to receive a sickness benefit
in respect of an incapacity and the Director-General is of opinion that the whole or a part of a payment by way of a lump sum that that person has received, or is qualified or entitled to receive, can reasonably be regarded for the purposes of this section as being a payment that-
(a) is by way of compensation in respect of the incapacity; and
(b) is in respect of a period during which that person is or was qualified
to receive that sickness benefit,
the payment, or that part of the payment, as the case may be, shall, for the purposes of this section, be deemed to be such a payment.
"(3) Where, in pursuance of sub-section (1), a sickness benefit is reduced
by the amount of a payment, that payment shall not, for the purposes of the last preceding section, be regarded as income.
"(4) Where-
(a) a person has received, in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, a payment of the kind referred to in sub-section (1); and
(b) the whole or portion of that payment is in respect of a period in
respect of which sickness benefit has been paid to him without reduction in accordance with sub-section (1),
that person shall be liable to pay to the Director-General an amount equal to so much of the benefit as would not have been paid if the rate of the benefit had been so reduced.
"(4A) Where the Director-General is satisfied that special circumstances
exist by reason of which a person liable by virtue of the last preceding sub-section to pay an amount to the Director-General should be released in whole or in part from the liability, the Director-General may release the person accordingly.
"(5) The Director-General may, by notice in writing served on a person
(including the Commonwealth or an authority of the Commonwealth or a State or an authority of a State, and in this section referred to as 'the person liable to pay compensation') who is liable to make a payment of the kind referred to in sub-section (1) to or on behalf of another person (in this section referred to as 'the person entitled to receive compensation') in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, inform the person liable to pay compensation that the Director-General proposes to recover from him the whole or some part of the amount of the benefit paid to the person entitled to receive compensation.
"(6) The Director-General may, by the same notice or by a subsequent notice
in writing served on the person liable to pay compensation, specify an amount payment of which is claimed by the Director-General, and thereupon the person liable to pay compensation shall become liable to pay to the Director-General the amount so specified and, in default of payment, the Director-General may recover that amount in any court of competent jurisdiction from the person liable to pay compensation.
"(7) The amount which may be specified by the Director-General under the
last preceding sub-section shall be an amount equal to so much of the benefit paid to the person entitled to receive compensation as would not have been paid if the rate of the benefit had, during the period in respect of which the compensation is payable, been reduced in accordance with sub-section (1).
"(8) After the service on a person of a notice under sub-section (5), that
person shall not pay to or on behalf of the person entitled to receive compensation any amount of compensation until the Director-General has specified the amount which the person liable to pay compensation is liable to pay to the Director-General.
"(9) Payment of an amount to the Director-General under sub-section (6)
shall, to the extent of the payment, operate as a discharge to the person liable to pay compensation as against the person entitled to receive compensation.
"(10) This section shall have effect, in relation to the Commonwealth or an
authority of the Commonwealth, notwithstanding the provisions of any other Act which, but for this sub-section, would prevent this section having effect.
"(11) The reference in sub-section (1) to a payment by way of compensation
shall be read as including a reference to-
(a) a payment by way of damages; and
(b) a payment that, in the opinion of the Director-General, is in the nature of compensation or damages,
but shall not be read as including a reference to a payment for which the person who has received, is receiving or is qualified or entitled to receive the payment has made contributions.
"(12) The reference in sub-section (5) to a person who is liable to make a
payment of the kind referred to in sub-section (1) to or on behalf of another person shall be read as including a reference to an insurer who, under a contract of insurance, is liable to indemnify the person liable to make the payment against his liability.
"(13) In this section, 'sickness benefit' includes a supplementary
allowance.".
Sub-sections 39 (2)-(5) of the Social Services Amendment Act 1979 (as amended by section 49 of the Social Services Legislation Amendment Act 1982 and by section 110 of the Social Security Legislation Amendment Act 1982) provide as follows:
"(2) Subject to sub-section (2A), the Division set out in sub-section (1)
applies to, and in relation to, any payments by way of compensation made after the commencement of this section.
"(2A) Where-
(a) a payment by way of compensation was made to a person before the
commencement of this section in respect of an incapacity of the person; and
(b) a sickness benefit in respect of that incapacity becomes payable to the
person after the commencement of this section,
the Division set out in sub-section (1) applies to, and in relation to, that payment by way of compensation.
"(3) Notwithstanding the amendment made by sub-section (1), section 115 of
the Principal Act continues to apply to, and in relation to-
(a) any sickness benefit that was, immediately before the commencement of
this section, payable at a reduced rate by virtue of sub-section (1) of that section; and
(b) any liability of a person to pay an amount to the Director-General under sub-section (4), or in accordance with a notice under sub-section (5) or (6), of that section that accrued before the commencement of this section.

"(4) Where-
(a) a notice had been served on a person (in this sub-section referred to as 'the person liable to pay compensation') under sub-section 115 (5) of the Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the person liable to pay compensation in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the person liable to pay compensation under sub-section 115C (1) of the Principal Act as amended by this Act.
"(5) Where-
(a) a notice has been served on an insurer under sub-section 115 (5) of the
Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the insurer in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the insurer under sub-section 115D (1) of the Principal Act as amended by this Act.".

*11*Part XVII (sections 152-157)-Subsection 42 (1) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 repealed Division 3A of Part VII (sections 115-115H) which was in force from 1 August 1982 until 30 April 1987. The repealed Division is set out below under the heading "DIVISION 3A of PART VII".
Subsection 42 (2) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 provides as follows:
"(2) Notwithstanding the repeal of Division 3A of Part VII of the Principal
Act, that Division continues to apply in relation to a sickness benefit within the meaning of that Division that commenced to be paid before 1 May 1987.".

SOCIAL SECURITY ACT 1947 - SECT 153
Reduction in rate of pension

SECT

153.*10* and *11* (1) Where a person, or the spouse of a person, who is qualified to receive a pension receives or has received (whether before or after becoming so qualified)-
(a) a payment forming part of a series of periodical payments by way of compensation; or
(b) a lump sum payment by way of compensation, then-
(c) in a case to which paragraph (a) applies-
(i) if the person is an unmarried person or a married person whose spouse is not receiving a spouse's pension-the amount per week of the pension payable to the person shall, during the period during which the periodical payments are made, be reduced by the amount per week of the periodical payments; or
(ii) in any other case-the amount per week of the pension payable to the
person and the amount per week of the spouse's pension payable to the person's spouse shall, during that period be reduced by one-half of the amount per week of the periodical payments; or
(d) in a case to which paragraph (b) applies-a pension is not payable to the person and, if the person is a married person, a spouse's pension is not payable to the person's spouse at any time during the lump sum payment period.

(2) Where-
(a) a person has received a lump sum payment by way of compensation;
(b) the person received payments of pension during the lump sum payment period; and
(c) sub-section (1) did not apply to the lump sum payment,
the Secretary may, by notice in writing given to the person, determine that the person is liable to pay to the Commonwealth an amount specified in the notice, being an amount equal to the amount of pension paid to the person during the lump sum payment period or, if the person is a married person, the sum of that amount and the amount (if any) of spouse's pension paid to the person's spouse during the lump sum payment period, or the compensation part of the lump sum payment, whichever is the lesser.

(3) Where-
(a) a person has received a series of periodical payments by way of compensation;
(b) the person received payments of pension during the period during which payments in the series of periodical payments were made; and
(c) sub-section (1) did not apply to the payments referred to in paragraph (a), the Secretary may, by notice in writing given to the person, determine that the person is liable to pay to the Commonwealth an amount specified in the notice, being an amount equal to-
(d) if the person is an unmarried person or a married person whose spouse did not receive a spouse's pension during that period-the amount of pension paid to the person during that period or the sum of the amounts of the periodical payments, whichever is the lesser; or
(e) in any other case-the sum of the amount of pension paid to the person during that period and the amount of spouse's pension paid to the person's spouse during that period, or the sum of the amounts of the periodical payments, whichever is the lesser.

(4) Where the weekly rate of a pension or a spouse's pension payable to a person is reduced under sub-section (1) having regard to a payment by way of compensation, that payment shall not, for the purposes of this Act (other than section 69, Part IX or section 121), be regarded as income or property of the person. *10* Part XVII (sections 152-157)-Subsection 39 (1) of the Social Services Amendment Act 1979 repealed section 115 and substituted Division 3A of Part VII as from 1 August 1982. Before its repeal, section 115 provided as follows:
Provisions where beneficiary entitled to compensation, &c.
"115. (1) Where a person has received, is receiving or is qualified or
entitled to receive, in respect of any period during which he is qualified to receive a sickness benefit, a payment by way of compensation in respect of the incapacity by reason of which he is qualified to receive that sickness benefit, the rate of the sickness benefit to which that person would otherwise be entitled shall be reduced by the amount per week of that payment.
"(2) Where a person is or has been qualified to receive a sickness benefit
in respect of an incapacity and the Director-General is of opinion that the whole or a part of a payment by way of a lump sum that that person has received, or is qualified or entitled to receive, can reasonably be regarded for the purposes of this section as being a payment that-
(a) is by way of compensation in respect of the incapacity; and
(b) is in respect of a period during which that person is or was qualified
to receive that sickness benefit,
the payment, or that part of the payment, as the case may be, shall, for the purposes of this section, be deemed to be such a payment.
"(3) Where, in pursuance of sub-section (1), a sickness benefit is reduced
by the amount of a payment, that payment shall not, for the purposes of the last preceding section, be regarded as income.
"(4) Where-
(a) a person has received, in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, a payment of the kind referred to in sub-section (1); and
(b) the whole or portion of that payment is in respect of a period in
respect of which sickness benefit has been paid to him without reduction in accordance with sub-section (1),
that person shall be liable to pay to the Director-General an amount equal to so much of the benefit as would not have been paid if the rate of the benefit had been so reduced.
"(4A) Where the Director-General is satisfied that special circumstances
exist by reason of which a person liable by virtue of the last preceding sub-section to pay an amount to the Director-General should be released in whole or in part from the liability, the Director-General may release the person accordingly.
"(5) The Director-General may, by notice in writing served on a person
(including the Commonwealth or an authority of the Commonwealth or a State or an authority of a State, and in this section referred to as 'the person liable to pay compensation') who is liable to make a payment of the kind referred to in sub-section (1) to or on behalf of another person (in this section referred to as 'the person entitled to receive compensation') in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, inform the person liable to pay compensation that the Director-General proposes to recover from him the whole or some part of the amount of the benefit paid to the person entitled to receive compensation.
"(6) The Director-General may, by the same notice or by a subsequent notice
in writing served on the person liable to pay compensation, specify an amount payment of which is claimed by the Director-General, and thereupon the person liable to pay compensation shall become liable to pay to the Director-General the amount so specified and, in default of payment, the Director-General may recover that amount in any court of competent jurisdiction from the person liable to pay compensation.
"(7) The amount which may be specified by the Director-General under the
last preceding sub-section shall be an amount equal to so much of the benefit paid to the person entitled to receive compensation as would not have been paid if the rate of the benefit had, during the period in respect of which the compensation is payable, been reduced in accordance with sub-section (1).
"(8) After the service on a person of a notice under sub-section (5), that
person shall not pay to or on behalf of the person entitled to receive compensation any amount of compensation until the Director-General has specified the amount which the person liable to pay compensation is liable to pay to the Director-General.
"(9) Payment of an amount to the Director-General under sub-section (6)
shall, to the extent of the payment, operate as a discharge to the person liable to pay compensation as against the person entitled to receive compensation.
"(10) This section shall have effect, in relation to the Commonwealth or an
authority of the Commonwealth, notwithstanding the provisions of any other Act which, but for this sub-section, would prevent this section having effect.
"(11) The reference in sub-section (1) to a payment by way of compensation
shall be read as including a reference to-
(a) a payment by way of damages; and
(b) a payment that, in the opinion of the Director-General, is in the nature of compensation or damages,
but shall not be read as including a reference to a payment for which the person who has received, is receiving or is qualified or entitled to receive the payment has made contributions.
"(12) The reference in sub-section (5) to a person who is liable to make a
payment of the kind referred to in sub-section (1) to or on behalf of another person shall be read as including a reference to an insurer who, under a contract of insurance, is liable to indemnify the person liable to make the payment against his liability.
"(13) In this section, 'sickness benefit' includes a supplementary
allowance.".
Sub-sections 39 (2)-(5) of the Social Services Amendment Act 1979 (as amended by section 49 of the Social Services Legislation Amendment Act 1982 and by section 110 of the Social Security Legislation Amendment Act 1982) provide as follows:
"(2) Subject to sub-section (2A), the Division set out in sub-section (1)
applies to, and in relation to, any payments by way of compensation made after the commencement of this section.
"(2A) Where-
(a) a payment by way of compensation was made to a person before the
commencement of this section in respect of an incapacity of the person; and
(b) a sickness benefit in respect of that incapacity becomes payable to the
person after the commencement of this section,
the Division set out in sub-section (1) applies to, and in relation to, that payment by way of compensation.
"(3) Notwithstanding the amendment made by sub-section (1), section 115 of
the Principal Act continues to apply to, and in relation to-
(a) any sickness benefit that was, immediately before the commencement of
this section, payable at a reduced rate by virtue of sub-section (1) of that section; and
(b) any liability of a person to pay an amount to the Director-General under sub-section (4), or in accordance with a notice under sub-section (5) or (6), of that section that accrued before the commencement of this section.

"(4) Where-
(a) a notice had been served on a person (in this sub-section referred to as 'the person liable to pay compensation') under sub-section 115 (5) of the Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the person liable to pay compensation in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the person liable to pay compensation under sub-section 115C (1) of the Principal Act as amended by this Act.
"(5) Where-
(a) a notice has been served on an insurer under sub-section 115 (5) of the
Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the insurer in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the insurer under sub-section 115D (1) of the Principal Act as amended by this Act.".

*11*Part XVII (sections 152-157)-Subsection 42 (1) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 repealed Division 3A of Part VII (sections 115-115H) which was in force from 1 August 1982 until 30 April 1987. The repealed Division is set out below under the heading "DIVISION 3A of PART VII".
Subsection 42 (2) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 provides as follows:
"(2) Notwithstanding the repeal of Division 3A of Part VII of the Principal
Act, that Division continues to apply in relation to a sickness benefit within the meaning of that Division that commenced to be paid before 1 May 1987.".

SOCIAL SECURITY ACT 1947 - SECT 154
Recovery of amounts from person liable to make compensation payments

SECT

154.*10* and *11* (1) Where a person (in this sub-section referred to as the "employer") is, or may become, liable to make a lump sum payment or a series of periodical payments by way of compensation to another person who was in receipt of pension at any time during the lump sum payment period or the periodic payments period, the Secretary may, by notice in writing given to the employer-
(a) in any case-inform the employer that the Secretary may wish to recover from the employer an amount; or
(b) in a case where the employer is liable to make a payment by way of compensation to the other person-inform the employer that the Secretary proposes to recover from the employer an amount specified in the notice, being an amount not exceeding-
(i) the amount of pension paid to the other person during that period or, if the other person is a married person, the sum of that amount and the amount (if any) of spouse's pension paid to the person's spouse during that period; or
(ii) so much of the sum of the periodical payments, or so much of the
compensation part of the lump sum payment, as is payable by the employer after the receipt by the employer of a notice under this section in relation to the payments or payment,
whichever is the lesser.

(2) The Secretary shall not give a notice to a person under paragraph (1) (b) if the Secretary has given a notice to an insurer under paragraph 155 (1) (b) in relation to the same matter.

(3) Where a person who is given a notice under paragraph (1) (a) becomes liable to make a payment by way of compensation to which the notice relates, the person shall, within 7 days after becoming so liable or receiving the notice, whichever was the later, notify the Department in writing accordingly.
Penalty: $2,000 in the case of a natural person or $10,000 in the case of a body corporate.

(4) Subject to sub-section (7) and except where the Secretary otherwise decides and in accordance with that decision, a person who is given a notice under sub-section (1) shall not, after receiving the notice, make a payment by way of compensation to which the notice relates.
Penalty: $2,000 in the case of a natural person or $10,000 in the case of a body corporate.

(5) Where the Secretary gives to a person a notice under paragraph (1) (b) specifying an amount, the person is liable to pay that amount to the Commonwealth.

(6) Payment to the Commonwealth of an amount that a person is liable to pay under sub-section (5) shall, to the extent of the payment, operate as a discharge of the liability of the person to pay compensation to the person whose incapacity is concerned.

(7) Where sub-section (4) applies to a person in relation to a matter, that sub-section ceases to apply to the person in relation to that matter if-
(a) in a case where the person is liable to pay an amount to the Commonwealth under sub-section (5) in relation to that matter-the person pays that amount to the Commonwealth; or
(b) in any other case-the Secretary informs the person in writing that the Secretary is satisfied that sub-section (4) should no longer apply to the person in relation to that matter. *10* Part XVII (sections 152-157)-Subsection 39 (1) of the Social Services Amendment Act 1979 repealed section 115 and substituted Division 3A of Part VII as from 1 August 1982. Before its repeal, section 115 provided as follows:
Provisions where beneficiary entitled to compensation, &c.
"115. (1) Where a person has received, is receiving or is qualified or
entitled to receive, in respect of any period during which he is qualified to receive a sickness benefit, a payment by way of compensation in respect of the incapacity by reason of which he is qualified to receive that sickness benefit, the rate of the sickness benefit to which that person would otherwise be entitled shall be reduced by the amount per week of that payment.
"(2) Where a person is or has been qualified to receive a sickness benefit
in respect of an incapacity and the Director-General is of opinion that the whole or a part of a payment by way of a lump sum that that person has received, or is qualified or entitled to receive, can reasonably be regarded for the purposes of this section as being a payment that-
(a) is by way of compensation in respect of the incapacity; and
(b) is in respect of a period during which that person is or was qualified
to receive that sickness benefit,
the payment, or that part of the payment, as the case may be, shall, for the purposes of this section, be deemed to be such a payment.
"(3) Where, in pursuance of sub-section (1), a sickness benefit is reduced
by the amount of a payment, that payment shall not, for the purposes of the last preceding section, be regarded as income.
"(4) Where-
(a) a person has received, in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, a payment of the kind referred to in sub-section (1); and
(b) the whole or portion of that payment is in respect of a period in
respect of which sickness benefit has been paid to him without reduction in accordance with sub-section (1),
that person shall be liable to pay to the Director-General an amount equal to so much of the benefit as would not have been paid if the rate of the benefit had been so reduced.
"(4A) Where the Director-General is satisfied that special circumstances
exist by reason of which a person liable by virtue of the last preceding sub-section to pay an amount to the Director-General should be released in whole or in part from the liability, the Director-General may release the person accordingly.
"(5) The Director-General may, by notice in writing served on a person
(including the Commonwealth or an authority of the Commonwealth or a State or an authority of a State, and in this section referred to as 'the person liable to pay compensation') who is liable to make a payment of the kind referred to in sub-section (1) to or on behalf of another person (in this section referred to as 'the person entitled to receive compensation') in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, inform the person liable to pay compensation that the Director-General proposes to recover from him the whole or some part of the amount of the benefit paid to the person entitled to receive compensation.
"(6) The Director-General may, by the same notice or by a subsequent notice
in writing served on the person liable to pay compensation, specify an amount payment of which is claimed by the Director-General, and thereupon the person liable to pay compensation shall become liable to pay to the Director-General the amount so specified and, in default of payment, the Director-General may recover that amount in any court of competent jurisdiction from the person liable to pay compensation.
"(7) The amount which may be specified by the Director-General under the
last preceding sub-section shall be an amount equal to so much of the benefit paid to the person entitled to receive compensation as would not have been paid if the rate of the benefit had, during the period in respect of which the compensation is payable, been reduced in accordance with sub-section (1).
"(8) After the service on a person of a notice under sub-section (5), that
person shall not pay to or on behalf of the person entitled to receive compensation any amount of compensation until the Director-General has specified the amount which the person liable to pay compensation is liable to pay to the Director-General.
"(9) Payment of an amount to the Director-General under sub-section (6)
shall, to the extent of the payment, operate as a discharge to the person liable to pay compensation as against the person entitled to receive compensation.
"(10) This section shall have effect, in relation to the Commonwealth or an
authority of the Commonwealth, notwithstanding the provisions of any other Act which, but for this sub-section, would prevent this section having effect.
"(11) The reference in sub-section (1) to a payment by way of compensation
shall be read as including a reference to-
(a) a payment by way of damages; and
(b) a payment that, in the opinion of the Director-General, is in the nature of compensation or damages,
but shall not be read as including a reference to a payment for which the person who has received, is receiving or is qualified or entitled to receive the payment has made contributions.
"(12) The reference in sub-section (5) to a person who is liable to make a
payment of the kind referred to in sub-section (1) to or on behalf of another person shall be read as including a reference to an insurer who, under a contract of insurance, is liable to indemnify the person liable to make the payment against his liability.
"(13) In this section, 'sickness benefit' includes a supplementary
allowance.".
Sub-sections 39 (2)-(5) of the Social Services Amendment Act 1979 (as amended by section 49 of the Social Services Legislation Amendment Act 1982 and by section 110 of the Social Security Legislation Amendment Act 1982) provide as follows:
"(2) Subject to sub-section (2A), the Division set out in sub-section (1)
applies to, and in relation to, any payments by way of compensation made after the commencement of this section.
"(2A) Where-
(a) a payment by way of compensation was made to a person before the
commencement of this section in respect of an incapacity of the person; and
(b) a sickness benefit in respect of that incapacity becomes payable to the
person after the commencement of this section,
the Division set out in sub-section (1) applies to, and in relation to, that payment by way of compensation.
"(3) Notwithstanding the amendment made by sub-section (1), section 115 of
the Principal Act continues to apply to, and in relation to-
(a) any sickness benefit that was, immediately before the commencement of
this section, payable at a reduced rate by virtue of sub-section (1) of that section; and
(b) any liability of a person to pay an amount to the Director-General under sub-section (4), or in accordance with a notice under sub-section (5) or (6), of that section that accrued before the commencement of this section.

"(4) Where-
(a) a notice had been served on a person (in this sub-section referred to as 'the person liable to pay compensation') under sub-section 115 (5) of the Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the person liable to pay compensation in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the person liable to pay compensation under sub-section 115C (1) of the Principal Act as amended by this Act.
"(5) Where-
(a) a notice has been served on an insurer under sub-section 115 (5) of the
Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the insurer in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the insurer under sub-section 115D (1) of the Principal Act as amended by this Act.".

*11*Part XVII (sections 152-157)-Subsection 42 (1) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 repealed Division 3A of Part VII (sections 115-115H) which was in force from 1 August 1982 until 30 April 1987. The repealed Division is set out below under the heading "DIVISION 3A of PART VII".
Subsection 42 (2) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 provides as follows:
"(2) Notwithstanding the repeal of Division 3A of Part VII of the Principal
Act, that Division continues to apply in relation to a sickness benefit within the meaning of that Division that commenced to be paid before 1 May 1987.".

SOCIAL SECURITY ACT 1947 - SECT 155
Notice to insurers

SECT

155.*10* and *11* (1) Where an insurer, under a contract of insurance, is, or may become, liable to indemnify a person (in this section referred to as the "client") in whole or in part against the liability of the client to make a lump sum payment or a series of periodical payments by way of compensation to another person, being another person who was in receipt of pension at any time during the lump sum payment period or the periodic payments period, the Secretary may, by notice in writing given to the insurer-
(a) in any case-inform the insurer that the Secretary may wish to recover from the insurer an amount; or
(b) in a case where the insurer is liable to indemnify the client in whole or in part against that liability-inform the insurer that the Secretary proposes to recover from the insurer an amount specified in the notice, being an amount not exceeding-
(i) the amount of pension paid to the other person during that period or, if the other person is a married person, the sum of that amount and the amount (if any) of spouse's pension paid to the person's spouse during that period;
(ii) the compensation part of the lump sum payment or the sum of the
amounts of the periodical payments; or
(iii) the amount that the insurer is, after the receipt by the insurer of
the notice, liable to pay to the client in relation to that matter,
whichever is the least.

(2) The Secretary shall not give a notice to an insurer under paragraph (1) (b) if the Secretary has given a notice to a person under paragraph 154 (1) (b) in relation to the same matter.

(3) Where an insurer who is given a notice under paragraph (1) (a) becomes liable to indemnify a client in whole or in part in respect of the liability of the client to make a payment or payments by way of compensation to which the notice relates, the insurer shall, within 7 days after becoming so liable or receiving the notice, whichever was the later, notify the Department in writing accordingly.
Penalty: $2,000 in the case of a natural person or $10,000 in the case of a body corporate.

(4) Subject to sub-section (7) and except where the Secretary otherwise decides and in accordance with that decision, an insurer who is given a notice under sub-section (1) shall not, after receiving the notice, make any payment under a contract of insurance with a client indemnifying the client in whole or in part against the liability of the client to make a payment or payments by way of compensation to which the notice relates.
Penalty: $2,000 in the case of a natural person or $10,000 in the case of a body corporate.

(5) Where the Secretary gives to an insurer a notice under paragraph (1) (b) specifying an amount, the insurer is liable to pay that amount to the Commonwealth.

(6) Payment of an amount that an insurer is liable to pay under sub-section (5) shall, to the extent of the payment-
(a) operate as a discharge to the insurer as against the client concerned; and
(b) operate as a discharge to the client of the client's liability to pay compensation to the person whose incapacity is concerned.

(7) Where sub-section (4) applies to an insurer in relation to a matter, that sub-section ceases to apply to the insurer in relation to that matter if-
(a) in a case where the insurer is liable to pay an amount to the Commonwealth under sub-section (5) in relation to that matter-the insurer pays that amount to the Commonwealth; or
(b) in any other case-the Secretary informs the insurer that the Secretary is satisfied that sub-section (4) should no longer apply to the insurer in relation to that matter.

(8) Where an insurer has been served with a notice under sub-section (1) in relation to the liability or possible liability of the insurer to indemnify a client, in whole or in part, against the liability or possible liability of the client to make a payment or payments by way of compensation in respect of an incapacity for work, the client is not, while that notice has effect, liable to make that payment or those payments. *10* Part XVII (sections 152-157)-Subsection 39 (1) of the Social Services Amendment Act 1979 repealed section 115 and substituted Division 3A of Part VII as from 1 August 1982. Before its repeal, section 115 provided as follows:
Provisions where beneficiary entitled to compensation, &c.
"115. (1) Where a person has received, is receiving or is qualified or
entitled to receive, in respect of any period during which he is qualified to receive a sickness benefit, a payment by way of compensation in respect of the incapacity by reason of which he is qualified to receive that sickness benefit, the rate of the sickness benefit to which that person would otherwise be entitled shall be reduced by the amount per week of that payment.
"(2) Where a person is or has been qualified to receive a sickness benefit
in respect of an incapacity and the Director-General is of opinion that the whole or a part of a payment by way of a lump sum that that person has received, or is qualified or entitled to receive, can reasonably be regarded for the purposes of this section as being a payment that-
(a) is by way of compensation in respect of the incapacity; and
(b) is in respect of a period during which that person is or was qualified
to receive that sickness benefit,
the payment, or that part of the payment, as the case may be, shall, for the purposes of this section, be deemed to be such a payment.
"(3) Where, in pursuance of sub-section (1), a sickness benefit is reduced
by the amount of a payment, that payment shall not, for the purposes of the last preceding section, be regarded as income.
"(4) Where-
(a) a person has received, in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, a payment of the kind referred to in sub-section (1); and
(b) the whole or portion of that payment is in respect of a period in
respect of which sickness benefit has been paid to him without reduction in accordance with sub-section (1),
that person shall be liable to pay to the Director-General an amount equal to so much of the benefit as would not have been paid if the rate of the benefit had been so reduced.
"(4A) Where the Director-General is satisfied that special circumstances
exist by reason of which a person liable by virtue of the last preceding sub-section to pay an amount to the Director-General should be released in whole or in part from the liability, the Director-General may release the person accordingly.
"(5) The Director-General may, by notice in writing served on a person
(including the Commonwealth or an authority of the Commonwealth or a State or an authority of a State, and in this section referred to as 'the person liable to pay compensation') who is liable to make a payment of the kind referred to in sub-section (1) to or on behalf of another person (in this section referred to as 'the person entitled to receive compensation') in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, inform the person liable to pay compensation that the Director-General proposes to recover from him the whole or some part of the amount of the benefit paid to the person entitled to receive compensation.
"(6) The Director-General may, by the same notice or by a subsequent notice
in writing served on the person liable to pay compensation, specify an amount payment of which is claimed by the Director-General, and thereupon the person liable to pay compensation shall become liable to pay to the Director-General the amount so specified and, in default of payment, the Director-General may recover that amount in any court of competent jurisdiction from the person liable to pay compensation.
"(7) The amount which may be specified by the Director-General under the
last preceding sub-section shall be an amount equal to so much of the benefit paid to the person entitled to receive compensation as would not have been paid if the rate of the benefit had, during the period in respect of which the compensation is payable, been reduced in accordance with sub-section (1).
"(8) After the service on a person of a notice under sub-section (5), that
person shall not pay to or on behalf of the person entitled to receive compensation any amount of compensation until the Director-General has specified the amount which the person liable to pay compensation is liable to pay to the Director-General.
"(9) Payment of an amount to the Director-General under sub-section (6)
shall, to the extent of the payment, operate as a discharge to the person liable to pay compensation as against the person entitled to receive compensation.
"(10) This section shall have effect, in relation to the Commonwealth or an
authority of the Commonwealth, notwithstanding the provisions of any other Act which, but for this sub-section, would prevent this section having effect.
"(11) The reference in sub-section (1) to a payment by way of compensation
shall be read as including a reference to-
(a) a payment by way of damages; and
(b) a payment that, in the opinion of the Director-General, is in the nature of compensation or damages,
but shall not be read as including a reference to a payment for which the person who has received, is receiving or is qualified or entitled to receive the payment has made contributions.
"(12) The reference in sub-section (5) to a person who is liable to make a
payment of the kind referred to in sub-section (1) to or on behalf of another person shall be read as including a reference to an insurer who, under a contract of insurance, is liable to indemnify the person liable to make the payment against his liability.
"(13) In this section, 'sickness benefit' includes a supplementary
allowance.".
Sub-sections 39 (2)-(5) of the Social Services Amendment Act 1979 (as amended by section 49 of the Social Services Legislation Amendment Act 1982 and by section 110 of the Social Security Legislation Amendment Act 1982) provide as follows:
"(2) Subject to sub-section (2A), the Division set out in sub-section (1)
applies to, and in relation to, any payments by way of compensation made after the commencement of this section.
"(2A) Where-
(a) a payment by way of compensation was made to a person before the
commencement of this section in respect of an incapacity of the person; and
(b) a sickness benefit in respect of that incapacity becomes payable to the
person after the commencement of this section,
the Division set out in sub-section (1) applies to, and in relation to, that payment by way of compensation.
"(3) Notwithstanding the amendment made by sub-section (1), section 115 of
the Principal Act continues to apply to, and in relation to-
(a) any sickness benefit that was, immediately before the commencement of
this section, payable at a reduced rate by virtue of sub-section (1) of that section; and
(b) any liability of a person to pay an amount to the Director-General under sub-section (4), or in accordance with a notice under sub-section (5) or (6), of that section that accrued before the commencement of this section.

"(4) Where-
(a) a notice had been served on a person (in this sub-section referred to as 'the person liable to pay compensation') under sub-section 115 (5) of the Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the person liable to pay compensation in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the person liable to pay compensation under sub-section 115C (1) of the Principal Act as amended by this Act.
"(5) Where-
(a) a notice has been served on an insurer under sub-section 115 (5) of the
Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the insurer in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the insurer under sub-section 115D (1) of the Principal Act as amended by this Act.".

*11*Part XVII (sections 152-157)-Subsection 42 (1) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 repealed Division 3A of Part VII (sections 115-115H) which was in force from 1 August 1982 until 30 April 1987. The repealed Division is set out below under the heading "DIVISION 3A of PART VII".
Subsection 42 (2) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 provides as follows:
"(2) Notwithstanding the repeal of Division 3A of Part VII of the Principal
Act, that Division continues to apply in relation to a sickness benefit within the meaning of that Division that commenced to be paid before 1 May 1987.".

SOCIAL SECURITY ACT 1947 - SECT 156
Secretary may disregard certain payments

SECT

156.*10* and *11* The Secretary may, for the purposes of this Part, treat the whole or a part of a payment by way of compensation that has been, or that will be, made as not having been made or as not likely to become liable to be made if the Secretary considers it appropriate to do so in the special circumstances of the case. *10* Part XVII (sections 152-157)-Subsection 39 (1) of the Social Services Amendment Act 1979 repealed section 115 and substituted Division 3A of Part VII as from 1 August 1982. Before its repeal, section 115 provided as follows:
Provisions where beneficiary entitled to compensation, &c.
"115. (1) Where a person has received, is receiving or is qualified or
entitled to receive, in respect of any period during which he is qualified to receive a sickness benefit, a payment by way of compensation in respect of the incapacity by reason of which he is qualified to receive that sickness benefit, the rate of the sickness benefit to which that person would otherwise be entitled shall be reduced by the amount per week of that payment.
"(2) Where a person is or has been qualified to receive a sickness benefit
in respect of an incapacity and the Director-General is of opinion that the whole or a part of a payment by way of a lump sum that that person has received, or is qualified or entitled to receive, can reasonably be regarded for the purposes of this section as being a payment that-
(a) is by way of compensation in respect of the incapacity; and
(b) is in respect of a period during which that person is or was qualified
to receive that sickness benefit,
the payment, or that part of the payment, as the case may be, shall, for the purposes of this section, be deemed to be such a payment.
"(3) Where, in pursuance of sub-section (1), a sickness benefit is reduced
by the amount of a payment, that payment shall not, for the purposes of the last preceding section, be regarded as income.
"(4) Where-
(a) a person has received, in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, a payment of the kind referred to in sub-section (1); and
(b) the whole or portion of that payment is in respect of a period in
respect of which sickness benefit has been paid to him without reduction in accordance with sub-section (1),
that person shall be liable to pay to the Director-General an amount equal to so much of the benefit as would not have been paid if the rate of the benefit had been so reduced.
"(4A) Where the Director-General is satisfied that special circumstances
exist by reason of which a person liable by virtue of the last preceding sub-section to pay an amount to the Director-General should be released in whole or in part from the liability, the Director-General may release the person accordingly.
"(5) The Director-General may, by notice in writing served on a person
(including the Commonwealth or an authority of the Commonwealth or a State or an authority of a State, and in this section referred to as 'the person liable to pay compensation') who is liable to make a payment of the kind referred to in sub-section (1) to or on behalf of another person (in this section referred to as 'the person entitled to receive compensation') in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, inform the person liable to pay compensation that the Director-General proposes to recover from him the whole or some part of the amount of the benefit paid to the person entitled to receive compensation.
"(6) The Director-General may, by the same notice or by a subsequent notice
in writing served on the person liable to pay compensation, specify an amount payment of which is claimed by the Director-General, and thereupon the person liable to pay compensation shall become liable to pay to the Director-General the amount so specified and, in default of payment, the Director-General may recover that amount in any court of competent jurisdiction from the person liable to pay compensation.
"(7) The amount which may be specified by the Director-General under the
last preceding sub-section shall be an amount equal to so much of the benefit paid to the person entitled to receive compensation as would not have been paid if the rate of the benefit had, during the period in respect of which the compensation is payable, been reduced in accordance with sub-section (1).
"(8) After the service on a person of a notice under sub-section (5), that
person shall not pay to or on behalf of the person entitled to receive compensation any amount of compensation until the Director-General has specified the amount which the person liable to pay compensation is liable to pay to the Director-General.
"(9) Payment of an amount to the Director-General under sub-section (6)
shall, to the extent of the payment, operate as a discharge to the person liable to pay compensation as against the person entitled to receive compensation.
"(10) This section shall have effect, in relation to the Commonwealth or an
authority of the Commonwealth, notwithstanding the provisions of any other Act which, but for this sub-section, would prevent this section having effect.
"(11) The reference in sub-section (1) to a payment by way of compensation
shall be read as including a reference to-
(a) a payment by way of damages; and
(b) a payment that, in the opinion of the Director-General, is in the nature of compensation or damages,
but shall not be read as including a reference to a payment for which the person who has received, is receiving or is qualified or entitled to receive the payment has made contributions.
"(12) The reference in sub-section (5) to a person who is liable to make a
payment of the kind referred to in sub-section (1) to or on behalf of another person shall be read as including a reference to an insurer who, under a contract of insurance, is liable to indemnify the person liable to make the payment against his liability.
"(13) In this section, 'sickness benefit' includes a supplementary
allowance.".
Sub-sections 39 (2)-(5) of the Social Services Amendment Act 1979 (as amended by section 49 of the Social Services Legislation Amendment Act 1982 and by section 110 of the Social Security Legislation Amendment Act 1982) provide as follows:
"(2) Subject to sub-section (2A), the Division set out in sub-section (1)
applies to, and in relation to, any payments by way of compensation made after the commencement of this section.
"(2A) Where-
(a) a payment by way of compensation was made to a person before the
commencement of this section in respect of an incapacity of the person; and
(b) a sickness benefit in respect of that incapacity becomes payable to the
person after the commencement of this section,
the Division set out in sub-section (1) applies to, and in relation to, that payment by way of compensation.
"(3) Notwithstanding the amendment made by sub-section (1), section 115 of
the Principal Act continues to apply to, and in relation to-
(a) any sickness benefit that was, immediately before the commencement of
this section, payable at a reduced rate by virtue of sub-section (1) of that section; and
(b) any liability of a person to pay an amount to the Director-General under sub-section (4), or in accordance with a notice under sub-section (5) or (6), of that section that accrued before the commencement of this section.

"(4) Where-
(a) a notice had been served on a person (in this sub-section referred to as 'the person liable to pay compensation') under sub-section 115 (5) of the Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the person liable to pay compensation in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the person liable to pay compensation under sub-section 115C (1) of the Principal Act as amended by this Act.
"(5) Where-
(a) a notice has been served on an insurer under sub-section 115 (5) of the
Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the insurer in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the insurer under sub-section 115D (1) of the Principal Act as amended by this Act.".

*11*Part XVII (sections 152-157)-Subsection 42 (1) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 repealed Division 3A of Part VII (sections 115-115H) which was in force from 1 August 1982 until 30 April 1987. The repealed Division is set out below under the heading "DIVISION 3A of PART VII".
Subsection 42 (2) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 provides as follows:
"(2) Notwithstanding the repeal of Division 3A of Part VII of the Principal
Act, that Division continues to apply in relation to a sickness benefit within the meaning of that Division that commenced to be paid before 1 May 1987.".

SOCIAL SECURITY ACT 1947 - SECT 157
Part to bind Crown

SECT

157.*10* and *11* This Part binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island. *10* Part XVII (sections 152-157)-Subsection 39 (1) of the Social Services Amendment Act 1979 repealed section 115 and substituted Division 3A of Part VII as from 1 August 1982. Before its repeal, section 115 provided as follows:
Provisions where beneficiary entitled to compensation, &c.
"115. (1) Where a person has received, is receiving or is qualified or
entitled to receive, in respect of any period during which he is qualified to receive a sickness benefit, a payment by way of compensation in respect of the incapacity by reason of which he is qualified to receive that sickness benefit, the rate of the sickness benefit to which that person would otherwise be entitled shall be reduced by the amount per week of that payment.
"(2) Where a person is or has been qualified to receive a sickness benefit
in respect of an incapacity and the Director-General is of opinion that the whole or a part of a payment by way of a lump sum that that person has received, or is qualified or entitled to receive, can reasonably be regarded for the purposes of this section as being a payment that-
(a) is by way of compensation in respect of the incapacity; and
(b) is in respect of a period during which that person is or was qualified
to receive that sickness benefit,
the payment, or that part of the payment, as the case may be, shall, for the purposes of this section, be deemed to be such a payment.
"(3) Where, in pursuance of sub-section (1), a sickness benefit is reduced
by the amount of a payment, that payment shall not, for the purposes of the last preceding section, be regarded as income.
"(4) Where-
(a) a person has received, in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, a payment of the kind referred to in sub-section (1); and
(b) the whole or portion of that payment is in respect of a period in
respect of which sickness benefit has been paid to him without reduction in accordance with sub-section (1),
that person shall be liable to pay to the Director-General an amount equal to so much of the benefit as would not have been paid if the rate of the benefit had been so reduced.
"(4A) Where the Director-General is satisfied that special circumstances
exist by reason of which a person liable by virtue of the last preceding sub-section to pay an amount to the Director-General should be released in whole or in part from the liability, the Director-General may release the person accordingly.
"(5) The Director-General may, by notice in writing served on a person
(including the Commonwealth or an authority of the Commonwealth or a State or an authority of a State, and in this section referred to as 'the person liable to pay compensation') who is liable to make a payment of the kind referred to in sub-section (1) to or on behalf of another person (in this section referred to as 'the person entitled to receive compensation') in respect of an incapacity by reason of which he became qualified to receive a sickness benefit, inform the person liable to pay compensation that the Director-General proposes to recover from him the whole or some part of the amount of the benefit paid to the person entitled to receive compensation.
"(6) The Director-General may, by the same notice or by a subsequent notice
in writing served on the person liable to pay compensation, specify an amount payment of which is claimed by the Director-General, and thereupon the person liable to pay compensation shall become liable to pay to the Director-General the amount so specified and, in default of payment, the Director-General may recover that amount in any court of competent jurisdiction from the person liable to pay compensation.
"(7) The amount which may be specified by the Director-General under the
last preceding sub-section shall be an amount equal to so much of the benefit paid to the person entitled to receive compensation as would not have been paid if the rate of the benefit had, during the period in respect of which the compensation is payable, been reduced in accordance with sub-section (1).
"(8) After the service on a person of a notice under sub-section (5), that
person shall not pay to or on behalf of the person entitled to receive compensation any amount of compensation until the Director-General has specified the amount which the person liable to pay compensation is liable to pay to the Director-General.
"(9) Payment of an amount to the Director-General under sub-section (6)
shall, to the extent of the payment, operate as a discharge to the person liable to pay compensation as against the person entitled to receive compensation.
"(10) This section shall have effect, in relation to the Commonwealth or an
authority of the Commonwealth, notwithstanding the provisions of any other Act which, but for this sub-section, would prevent this section having effect.
"(11) The reference in sub-section (1) to a payment by way of compensation
shall be read as including a reference to-
(a) a payment by way of damages; and
(b) a payment that, in the opinion of the Director-General, is in the nature of compensation or damages,
but shall not be read as including a reference to a payment for which the person who has received, is receiving or is qualified or entitled to receive the payment has made contributions.
"(12) The reference in sub-section (5) to a person who is liable to make a
payment of the kind referred to in sub-section (1) to or on behalf of another person shall be read as including a reference to an insurer who, under a contract of insurance, is liable to indemnify the person liable to make the payment against his liability.
"(13) In this section, 'sickness benefit' includes a supplementary
allowance.".
Sub-sections 39 (2)-(5) of the Social Services Amendment Act 1979 (as amended by section 49 of the Social Services Legislation Amendment Act 1982 and by section 110 of the Social Security Legislation Amendment Act 1982) provide as follows:
"(2) Subject to sub-section (2A), the Division set out in sub-section (1)
applies to, and in relation to, any payments by way of compensation made after the commencement of this section.
"(2A) Where-
(a) a payment by way of compensation was made to a person before the
commencement of this section in respect of an incapacity of the person; and
(b) a sickness benefit in respect of that incapacity becomes payable to the
person after the commencement of this section,
the Division set out in sub-section (1) applies to, and in relation to, that payment by way of compensation.
"(3) Notwithstanding the amendment made by sub-section (1), section 115 of
the Principal Act continues to apply to, and in relation to-
(a) any sickness benefit that was, immediately before the commencement of
this section, payable at a reduced rate by virtue of sub-section (1) of that section; and
(b) any liability of a person to pay an amount to the Director-General under sub-section (4), or in accordance with a notice under sub-section (5) or (6), of that section that accrued before the commencement of this section.

"(4) Where-
(a) a notice had been served on a person (in this sub-section referred to as 'the person liable to pay compensation') under sub-section 115 (5) of the Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the person liable to pay compensation in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the person liable to pay compensation under sub-section 115C (1) of the Principal Act as amended by this Act.
"(5) Where-
(a) a notice has been served on an insurer under sub-section 115 (5) of the
Principal Act before the commencement of this section (not being a notice that specified the amount payment of which was claimed by the Director-General) in relation to sickness benefit paid or payable in respect of the incapacity of another person; and
(b) a notice under sub-section 115 (6) of the Principal Act had not, before
the commencement of this section, been served on the insurer in relation to that sickness benefit,
the notice referred to in paragraph (a) shall be deemed to be a notice served on the insurer under sub-section 115D (1) of the Principal Act as amended by this Act.".

*11*Part XVII (sections 152-157)-Subsection 42 (1) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 repealed Division 3A of Part VII (sections 115-115H) which was in force from 1 August 1982 until 30 April 1987. The repealed Division is set out below under the heading "DIVISION 3A of PART VII".
Subsection 42 (2) of the Social Security and Veterans' Affairs (Miscellaneous Amendments) Act 1986 provides as follows:
"(2) Notwithstanding the repeal of Division 3A of Part VII of the Principal
Act, that Division continues to apply in relation to a sickness benefit within

SOCIAL SECURITY ACT 1947 - PART XVIII
PART XVIII-CLAIMS, PAYMENT, NOTIFICATION, REVIEW, CANCELLATION AND RELATED
MATTERS

SOCIAL SECURITY ACT 1947 - SECT 158
Claims

SECT

158.*3* (1) The grant or payment of-
(a) a pension under Part IV or V;
(b) a benefit under Part VI or VIII;
(c) an allowance under Part IX or X;
(d) a double orphan's pension under Part XI;
(e) a child disability allowance under Part XII;
(f) a benefit under Part XIII; or
(g) a mobility allowance under Part XV,
shall not be made except upon the making of a claim for that pension, benefit or allowance.

(2) For the purposes of sub-section (1), where a claim for a pension, benefit or allowance is made by or on behalf of a person and at the time the claim is made, the claim cannot be granted because the person is not qualified or eligible to receive that pension, benefit or allowance, the claim shall, subject to sub-section 159 (2), be deemed not to have been made.

(3) The Secretary may require a person who is qualified to receive an allowance under Part XIV (other than an allowance under section 143) to make a claim for the allowance.

(4) The Secretary shall, subject to this Act, determine claims. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 159
Making and lodgment of claims etc.

SECT

159.*3* (1) A claim shall be made in writing in accordance with a form approved by the Secretary and shall be lodged-
(a) at an office of the Department in Australia; or
(b) at a place (whether inside or outside Australia), or with a person (whether inside or outside Australia), approved for the purpose by the Secretary.

(2) Where-
(a) a claim is lodged for the payment to a person of a pension under Part IV or V or of a benefit under Part VI;
(b) on the day on which the claim is lodged, the person is not qualified to receive the pension or benefit; and
(c) during the period of 3 months commencing immediately after the day on which the claim is lodged, there occurs a later day on which, if the claim had been lodged on the later day, the person would have been qualified to receive that pension or benefit, or there occur 2 or more such later days,
the claim shall, for the purposes of this Act, be deemed to have been lodged on that later day or on the earlier or earliest of those later days.

(3) Where-
(a) a claim is lodged for the payment to a woman of a pension under Part V;
(b) the day on which the claim is lodged occurs within a period of one month commencing immediately after the day on which-
(i) the woman's husband, or the man in respect of whom the woman was a
dependent female, died; or
(ii) the woman, being a widow, gave birth to a child; and
(c) during that period, there occurred a previous day on which, if the claim had been lodged on the previous day, the woman would have been qualified to receive that pension, or there occurred 2 or more such previous days,
the claim shall, for the purposes of this Act, be deemed to have been lodged on that previous day or on the earlier or earliest of those previous days.

(4) Where-
(a) a claim is lodged for the payment to a woman who is a class C widow of a pension under Part V; and
(b) the day on which the claim is lodged occurs-
(i) after the expiration of the period of one month commencing
immediately after the day on which the woman's husband, or the man in respect of whom the woman was a dependant female, died; and
(ii) before the expiration of the period of one month commencing
immediately after the day on which the woman became a class C widow,
the claim shall, for the purposes of this Act, be deemed to have been lodged on the day on which the woman became a class C widow.

(4A) If a person lodges a claim for an allowance under Part X in respect of a dependent child of the person within 4 weeks after the birth of the child the claim shall, for the purposes of this Act, be taken to have been lodged on the day on which the child was born.

(4B) If an institution lodges a claim for an allowance under Part X in respect of a child within 4 weeks after the child becoming an inmate of the institution the claim shall, for the purposes of this Act, be taken to have been lodged on the day on which the child became an inmate of the institution.

(4C) If a person lodges a claim for an allowance under Part XII after he or she became qualified to receive the allowance the claim shall, for the purposes of this Act, be taken to have been lodged on:
(a) if the person became qualified to receive the allowance more than 12 months before the day on which the claim was lodged-the day occurring 12 months before the day on which the claim was lodged; or
(b) in any other case-the day on which the person became qualified to receive the allowance.

(4D) For the purposes of subsection (4C), a person to whom an allowance under Part X was not payable on a particular day, but to whom such an allowance could have been granted on that day if the person had lodged a claim for such an allowance before that day, shall be taken to have satisfied the condition set out in paragraph 102 (a) on that day.

(5) Where-
(a) a claim is made for the payment to a person of a pension, allowance, benefit or other payment under this Act, under another Act or under a program administered by the Commonwealth; and
(b) the Secretary considers it reasonable that the claim should be treated as if it were a claim for the payment to the person of some other pension, allowance or benefit (being a pension, allowance or benefit under this Act that is similar in character to the pension, allowance, benefit or other payment to which the claim relates and for which the person, in the circumstances, might properly have made a claim),
the Secretary may, if a claim is lodged for the payment to the person of that other pension, allowance or benefit, treat the first-mentioned claim as if it were a claim for that other pension, allowance or benefit, and, where the Secretary does so, the first-mentioned claim shall be deemed to be a claim, made and lodged in accordance with the requirements of this Act and containing the particulars set out in the second-mentioned claim, for the payment to the person of that other pension, allowance or benefit.

(6) In this section, the expressions "class C widow", "dependent female", "husband" and "widow" have the same respective meanings as in Part V. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 160
Payment and calculation of instalments of certain pensions

SECT

160.*3* (1) In this section-
"allowance" means an allowance under section 31 or under Part XIV or XVI;
"pension" means a pension under Part IV or V or a benefit under Part VI;
(2) Where a person who is entitled to receive a pension is in Australia, an instalment of the pension is, subject to sub-section (3), payable to the person on each pension pay-day on which the person is so entitled.

(3) Where a person became entitled to receive a pension on a pension pay-day or pension pay-days that occurred before the day (in this sub-section referred to as the "relevant day") on which, but for the operation of section 159, the person would have become entitled to receive that pension, any instalment of that pension that, but for this sub-section, would be payable to the person on that pension pay-day or those pension pay-days is payable to the person-
(a) if the relevant day is a pension pay-day-on the relevant day; or
(b) in any other case-on the first pension pay-day occurring after the relevant day.

(4) For the purposes of this Act, a person shall be taken to be in receipt of a pension or an allowance from the earliest day on which the person is entitled to be paid the pension or allowance notwithstanding that the first instalment of the pension or allowance may not be paid until a later day.

(5) An allowance is payable from a day (being a pension pay-day) determined by the Secretary, which may be a day before the day on which the determination is made.

(6) Where a person who is entitled to receive an allowance is in Australia, an instalment of the allowance is, subject to sub-section (7), payable to the person on the day determined by the Secretary under sub-section (5) as the day from which the allowance is payable and on each succeeding pension pay-day on which the person is so entitled.

(7) Where the day determined by the Secretary under sub-section (5) as the day from which an allowance is payable to a person is a day before the day on which the determination was made (in this sub-section referred to as the "determination day"), any instalment of the allowance that, but for this sub-section, would be payable to the person on a pension pay-day that occurred before the determination day is payable to the person-
(a) if the determination day is a pension pay-day-on the determination day; or
(b) in any other case-on the first pension pay-day occurring after the determination day.

(8) Where a person who is entitled to receive a pension, or an allowance under Part XVI, is outside Australia, an instalment of the pension or allowance is payable to the person-
(a) in the case of a pension-in respect of each pension pay-day on which the person is entitled to receive the pension; or
(b) in the case of an allowance under Part XVI-in respect of the day determined by the Secretary under sub-section (5) in relation to the payment to the person of the allowance and in respect of each succeeding pension pay-day on which the person is entitled to receive the allowance,
and payment of instalments of a pension, or of an allowance under that Part, that are so payable to a person who is outside Australia shall be made on such pension pay-days as the Secretary determines for the purposes of this sub-section.

(9) The amount of an instalment of a pension shall be ascertained by dividing the amount of the annual rate of the pension by 26.

(10) The amount of an instalment of an allowance under section 31 or 143 is twice the amount of the weekly rate of the allowance.

(11) Where an amount that is payable to a person on a pension pay-day in accordance with this section is not a multiple of 10 cents, the amount shall be increased or decreased to the nearest multiple of 10 cents except where the amount is a multiple of 5 cents in which case it shall be increased by 5 cents. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 160A
Minimum payment

SECT

160A. Where, apart from this section, the amount of a payment under this Act, other than a payment under Part XIII, would be less than $1, the amount of that payment shall be increased to $1.

SOCIAL SECURITY ACT 1947 - SECT 161
Manner of payment etc.

SECT

161. (1) A pension, benefit or allowance under this Act shall be paid in such manner as the Secretary directs and, subject to sub-section (2), shall be paid to the person to whom the pension, benefit or allowance was granted or was originally payable.

(2) The Secretary may direct that the whole or a part of the amount of a pension, benefit or allowance under this Act that is payable to a person otherwise than under this sub-section shall be paid to a person on behalf of the first-mentioned person, and payment shall be made accordingly.

(3) Where the Secretary, by reason of a public holiday or a bank holiday or for any other reason, is satisfied that any amounts of pension, benefit or allowance under this Act that would normally be paid on a particular day cannot reasonably be paid on that day, he may direct that any or all of those amounts shall be paid on an earlier day.

(4) Any amount of pension, allowance or benefit under this Act that has accrued and is unpaid at the date of the death of the person to whom that pension, allowance or benefit is payable may, on application made within 6 months after that date or within such further period as the Secretary, in special circumstances, allows, be paid to the person who, in the opinion of the Secretary, is best entitled to receive it and the Commonwealth shall not be liable to any action, claim or demand for any further payment in respect of that amount of pension, allowance or benefit.

(5) Where:
(a) an order of a court in the nature of a garnishee order or an order for attachment comes into force after the commencement of this subsection in respect of an account maintained by a person (whether alone or jointly or in common with another person) with a financial institution, being an account to which money received on deposit is credited; and
(b) instalments or payments of a pension, benefit or allowance that is payable to the person under this Act (whether on his or her own behalf or on behalf of another person) are being paid to the credit of that account;
the order shall be deemed not to apply to an amount equal to the sum of the amounts of that pension, benefit or allowance paid to the credit of that account in the period of 4 weeks before the time when the order came into force in respect of that account reduced by an amount equal to the sum of the amounts withdrawn from that account during that period.

SOCIAL SECURITY ACT 1947 - SECT 162
Secretary may take action in relation to money owing by pensioners

SECT

162. (1) Where a person (in this subsection called the "pensioner") is indebted to the Commonwealth under or as a result of this Act, the Secretary may, by notice in writing given to a person:
(a) by whom any money is due or accruing or may become due to the pensioner;
(b) who holds or may subsequently hold money for or on account of the pensioner;
(c) who holds or may subsequently hold money on account of some other person for payment to the pensioner; or
(d) who has authority from some other person to pay money to the pensioner; require the person to whom the notice is given to pay to the Commonwealth:
(e) an amount specified in the notice, not exceeding the amount of the debt due by the pensioner under or as a result of this act or the amount of the money referred to in the preceding paragraph that is applicable; or
(f) such amount as is specified in the notice out of each payment that the person becomes liable from time to time to make to the pensioner until that debt is satisfied.

(2) The time for making a payment in compliance with a notice under subsection (1) is such time as is specified in the notice, not being a time before the money concerned becomes due or is held or before the end of the period of 14 days after the notice is given.
(3) A person who fails to comply with a notice under subsection (1) to the extent that the person is capable of doing so is guilty of an offence.
Penalty:
(a) in the case of a natural person-$2,000 or imprisonment for one year, or both; or
(b) in the case of a body corporate-$10,000.

(4) Where the Secretary gives a notice to a person under subsection (1), the Secretary shall give a copy of the notice to the pensioner concerned.

(5) A person who makes a payment to the Commonwealth in compliance with a notice under subsection (1) shall be deemed to have made the payment under the authority of the pensioner concerned and of any other person concerned.

(6) Where:
(a) a notice is given to a person under subsection (1) in respect of a debt due by a pensioner; and
(b) an amount is paid by a person other than the first-mentioned person in reduction or in satisfaction of the debt;
the Secretary shall notify the first-mentioned person accordingly, and the amount specified in the notice shall be deemed to be reduced by the amount so paid.

(7) Where, apart from this subsection, money is not due or repayable on demand to a person unless a condition is fulfilled, the money shall be taken, for the purposes of this section, to be due or repayable on demand, as the case may be, notwithstanding that the condition has not been fulfilled.

(8) Where:
(a) a notice is given to a person under subsection (1) in respect of a debt due by a pensioner; and
(b) the person fails to comply with the notice to the extent that the person is capable of doing so;
an amount equal to:
(c) so much of the amount required by the notice to be paid by the person as the person was able to pay; or
(d) so much of the debt due by the pensioner at the time when the notice was given as remains due from time to time;
whichever is the lesser, is a debt due by the person to the Commonwealth.

(9) Where:
(a) a person is indebted to the Commonwealth under subsection (8) in respect of a debt due by a pensioner; and
(b) the Commonwealth recovers:
(i) the whole or a part of the debt due by the person under subsection
(8); or
(ii) the whole or a part of the debt due by the pensioner;
the debt due by the pensioner, and the debt due by the person, are reduced by the amount so recovered and the amount specified in the notice under subsection (1) shall be deemed to be reduced by the amount so recovered.

(10) A reference in this section to a person includes a reference to the Commonwealth, a State, a Territory and any authority of the Commonwealth or of a State or Territory.

(11) In this section:
(a) a reference to a person being indebted to the Commonwealth under or as a result of this Act includes a reference to a person owing an assurance of support debt; and
(b) a reference to a debt due under or as a result of this Act, or to a debt due by a pensioner, includes a reference to an assurance of support debt.

SOCIAL SECURITY ACT 1947 - SECT 163
Notification and review

SECT

163.*3* (1) The Secretary may give, personally or by post, to any person to whom or on behalf of whom a pension, benefit or allowance is being paid under this Act a notice requiring that person, if an event or change of circumstances specified in the notice occurs or if that person is aware that an event or change of circumstances specified in the notice is likely to occur, to notify the Department or to notify the officer specified in the notice, within the period and in the manner specified in the notice, of the occurrence or likely occurrence of that event or that change of circumstances.

(2) The Secretary may give, personally or by post, to any person to whom or on behalf of whom a pension, benefit or allowance is being paid under this Act a notice requiring that person to furnish to the Department or to the officer specified in the notice, within the period and in the manner specified in the notice, a statement, in accordance with a form approved by the Secretary, relating to any matter that might affect the payment to that person of the pension, benefit or allowance.

(3) An event or change of circumstances shall not be specified in a notice in pursuance of sub-section (1) unless the occurrence of that event or change of circumstances might affect the payment of a pension, benefit or allowance.

(4) The period for compliance specified in a notice given under this section shall be-
(a) in the case of a notice given under sub-section (1)-
(i) where the notice relates to the payment of a benefit under Part
XIII-immediately; or
(ii) in any other case-not less than 14 days; or
(b) in the case of a notice given under subsection (2):
(i) where the notice relates to the payment of a benefit under Part
XIII-such period as is specified in the notice; or
(ii) in any other case-not less than 14 days.

(5) A person shall not-
(a) refuse or fail to comply with a notice under sub-section (1) or (2) to the extent that the person is capable of complying with it; or
(b) in purported compliance with such a notice, knowingly or recklessly furnish information that is false or misleading in a material particular.
Penalty for any contravention of this subsection:
(c) in the case of a natural person-$1,000 or imprisonment for 6 months, or both; or
(d) in the case of a body corporate-$5,000. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 164
Power to obtain information etc.

SECT

164. (1) The Secretary may, for the purposes of this Act, by notice in writing given to a person (including a person employed in or in connection with a Department of the Government of the Commonwealth, of a State or of a Territory or by any authority of the Commonwealth or of a State or Territory), require the person:
(a) to:
(i) provide the Department, or an officer specified in the notice, with
such information as the Secretary requires; or
(ii) produce to the Department, or to an officer so specified, any
documents in the custody or under the control of the person;
within the period (not being less than 14 days after the notice is given)
and in the manner specified in the notice; or
(b) to appear before an officer specified in the notice at such reasonable time (not being a time earlier than 14 days after the notice is given) and place as are specified in the notice to answer questions.

(2) Without limiting the generality of subsection (1), the Secretary may:
(a) by notice in writing given to a person who is indebted to the Commonwealth under or as a result of this Act, require the person:
(i) to provide the Department, or an officer specified in the notice,
within the period specified in the notice (not being less than 14 days after the notice is given), with such information concerning the person's financial situation as is required by the notice or to produce to the Department, or to an officer so specified, within that period, such documents concerning that situation as are so specified; and
(ii) if the person's address changes, to notify the Department or an
officer so specified, within 14 days of the change, of the new address; or
(b) by notice in writing given to a person who the Secretary believes may have information concerning the whereabouts of a person who is indebted to the Commonwealth under or as a result of this Act or the financial situation of such a person, require the person to provide the Department, or an officer specified in the notice, within the period specified in the notice (not being less than 14 days after the notice is given), with such information concerning those matters as is required by the notice or to produce to the Department, or to an officer so specified, within that period, such documents concerning those matters as are specified in the notice.

(2AA) The Secretary shall not, in a notice under subsection (1), request a person to provide information, or to produce a document, unless the Secretary considers that the information or document may be relevant to the question of:
(a) whether a person who is receiving, who has received, or who has made a claim for, a pension, benefit or allowance under this Act is or was entitled to receive the pension, benefit or allowance; or
(b) the rate of pension, benefit or allowance under this Act that is or was applicable to such a person.

(2AB) The Secretary may, for either or both of the purposes set out in subsection (2AC), by notice in writing given to a person (including a person employed in or in connection with a Department of the Government of the Commonwealth, of a State or of a Territory or by any authority of the Commonwealth or of a State or Territory), require the person to provide the Department, or a specified officer, with such information as the Secretary requests relating to a specified class of persons within the period specified in the notice (not being less than 14 days after the notice is given).

(2AC) The following purposes are purposes for which the Secretary may give a notice under subsection (2AB):
(a) detecting cases where amounts of pension, benefit or allowance under this Act have been paid that should not have been paid;
(b) verifying the entitlement of persons who have made claims for pensions, benefits or allowances under this Act to receive those pensions, benefits or allowances.

(2AD) Subsections (2AE) to (2AJ) (inclusive) apply in relation to a notice given to a person (in this section called the "provider") under subsection (2AB).

(2AE) The Secretary may specify a particular class of persons in the notice whether or not the Secretary is able to identify any of the persons in the class as being persons who have received, who are receiving, or who have made claims for, pensions, benefits or allowances under this Act.

(2AF) In the notice, the Secretary may request all or any of the following information, but no other information, in respect of each person in the specified class of persons:
(a) full name and any previous name;
(b) address;
(c) sex;
(d) marital status;
(e) date of birth;
(f) date of death;
(g) dates of entries into and departures from Australia;
(h) any payments received by the person from the provider within the period of 12 months preceding the giving of the notice and the account number of any account into which the provider paid any of those payments;
(j) in relation to a course of study being undertaken by the person:
(i) whether the course is full-time or part-time;
(ii) the date on which the person started the course; and
(iii) the subjects being studied by the person.

(2AG) Within 3 months after information is provided in response to the notice, the Secretary shall decide which of the information (if any) is, or is likely to be, relevant to the matters referred to in paragraphs (2AC) (a) and (b).

(2AH) If the Secretary does not make a decision as required by subsection (2AG) within the period of 3 months referred to in that subsection, the Secretary shall ensure that all the information provided in response to the notice, and any record of all or any part of that information, is destroyed.

(2AJ) If the Secretary decides, in accordance with subsection (2AG), that some or all of the information provided in response to the notice is not, or is not likely to be, relevant to the matters referred to in paragraphs (2AC) (a) and (b), the Secretary shall ensure that the irrelevant information, and any record of the irrelevant information, is destroyed.

(2A) The Secretary may require the information or answers to questions under this section to be verified or given, as the case may be, on oath or affirmation, and either orally or in writing, and for that purpose the Secretary or an officer to whom information or answers are verified or given may administer an oath or affirmation.

(2B) The oath to be taken or affirmation to be made for the purposes of this section is an oath or affirmation that the information or answers the person will give will be true.

(3) A person shall not-
(a) refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it; or
(b) in purported compliance with such a notice, knowingly or recklessly furnish information or give evidence that is false or misleading in a material particular.
Penalty:
(c) in the case of a natural person-$2,000 or imprisonment for 12 months, or both; or
(d) in the case of a body corporate-$10,000.

(4) This section binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory and of Norfolk Island.

(5) This section does not require a person to furnish information, produce a document or give evidence to the extent that in doing so he would contravene a law of the Commonwealth (not being a law of a Territory).

SOCIAL SECURITY ACT 1947 - SECT 165
Self-incrimination

SECT

165. A person is not excused from furnishing information, producing a document or giving evidence in pursuance of section 163 or 164 on the ground that the information or evidence, or the production of the document, may tend to incriminate him, but any information furnished, document produced or evidence given in pursuance of section 163 or 164 is not admissible in evidence against the person in any criminal proceedings, other than proceedings under, or arising out of, sub-section 163 (5) or 164 (3), as the case may be.

SOCIAL SECURITY ACT 1947 - SECT 166
Furnishing of information

SECT

166. Nothing contained in any law of a State or of a Territory shall operate so as to prevent any person from furnishing any information, producing any documents or giving any evidence to an officer for the purposes of this Act.

SOCIAL SECURITY ACT 1947 - SECT 167
Payment of pension etc. during imprisonment etc.

SECT

167.*3* (1) Where-
(a) a person would, but for this sub-section, be entitled to be paid-
(i) a pension under Part IV or V; or
(ii) a benefit under Part VI;
(b) the person is-
(i) imprisoned in connection with his or her conviction for an offence;
or
(ii) confined in a psychiatric institution, whether by order of a court or otherwise, in consequence of having been charged with the commission of an offence; and
(c) 2 or more pension pay-days occur after the first day of the period of the imprisonment or confinement of the person and before the last day of that period,
that entitlement ceases immediately after the earliest of those pension pay-days and revives immediately before the last of those pension pay-days.

(2) Where-
(a) entitlement to a pension or benefit has ceased by virtue of sub-section (1); and
(b) the spouse of the person or a child is dependent on the person, the Secretary may authorize the payment of the whole or any part of an instalment of that pension or benefit which, but for that sub-section, would have been payable to the person, to the spouse of the person or to the child, as the case may be, or to some other person approved by the Secretary for the benefit of that spouse or child.

(3) Where-
(a) a person would, but for this sub-section, be entitled to be paid a benefit under Part XIII; and
(b) the person is-
(i) imprisoned in connection with his or her conviction for an offence;
or
(ii) confined in a psychiatric institution, whether by order of a court or otherwise, in consequence of having been charged with the commission of an offence,
that benefit is not payable to that person in respect of the period during which the person is imprisoned or confined.

(4) Where-
(a) a person would be eligible to be paid an allowance under Part XIV but for-
(i) the imprisonment of the person in connection with his or her
conviction for an offence; or
(ii) the confinement of the person in a psychiatric institution, whether
by order of a court or otherwise, in consequence of having been charged with the commission of an offence;
(b) while undergoing a term of imprisonment or confinement, or within such period after the person ceases to be imprisoned or confined as the Secretary, in special circumstances, approves, the person lodges a claim for a pension under Part IV or V or a benefit under Part VI; and
(c) the pension or benefit is granted,
the Secretary may, notwithstanding anything contained in sub-sections 160 (2) or (3), determine that the pension or benefit may be paid from a date before the date on which the claim for the pension or benefit was lodged but not before the date on which the person was imprisoned or confined but, if the Secretary determines that the pension or benefit may be paid from a date before the person ceases to be imprisoned or confined, subsections (1) and (2) of this section apply in relation to the person as if the person had been entitled to be paid that pension or benefit immediately before the person was imprisoned or confined.

(5) In this section, a reference to a person being imprisoned shall be read as including a reference to that person being lawfully detained in a place other than a prison and a reference to a term of imprisonment shall be construed accordingly.

(6) In this section, a reference to a psychiatric institution shall be read as including a reference to a psychiatric section of a hospital and to any other place where persons with psychiatric disabilities are, from time to time, confined.

(7) A reference in this section to a person who is imprisoned in connection with his or her conviction for an offence includes a reference to a person who is being held in custody pending trial or sentencing for an offence.

(8) This section does not apply, and shall be deemed never to have applied, to a person who is confined in a psychiatric institution during any period during which the person is or was undertaking a course of rehabilitation. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 168
Cancellation, suspension or variation of pension etc.

SECT

168. (1) Subject to sub-section (2), if-
(a) having regard to any matter that affects the payment of a pension, benefit or allowance under this Act;
(b) by reason of the refusal or failure of any person to comply with a provision of this Act; or
(c) for any other reason,
the Secretary determines that a pension, benefit or allowance should be cancelled or suspended, or that the rate of a pension, benefit or allowance is more than it should be, the Secretary may, by determination, cancel or suspend, or decrease the rate of, the pension, benefit or allowance with effect from the date of the determination or such later date as is specified in the determination.

(2) Where a determination is made under sub-section (1)-
(a) by reason of the refusal or failure of any person to comply with a provision of this Act, other than-
(i) sub-section 163 (5) in relation to a notice under sub-section 163
(2); or
(ii) sub-section 164 (3); or
(b) by reason that an amount has been paid by way of pension, benefit or allowance that, but for the false statement or misrepresentation of any person, would not have been paid,
a date earlier than the date of the determination may be specified in the determination as the date from which the cancellation, suspension or decrease, as the case may be, takes effect.

(3) If, having regard to any matter that affects the granting of a claim for, or the payment of, a pension, benefit or allowance under this Act, the Secretary decides that the claim should be granted, a payment of the pension, benefit or allowance should be made or the rate of the pension, benefit or allowance is less than it should be, the Secretary may, by determination, grant that claim, direct the making of that payment or increase that rate, as the case may be.

(4) A determination under subsection (3) takes effect:
(a) if the determination is made following a person having applied to the Secretary under subsection 173 (1) for review of a previous decision where:
(i) a notice was given to the person to whom the relevant pension,
benefit or allowance was or could have been payable advising the person of the making of the previous decision and the review was sought, or the appeal made, within 3 months after that notice was given; or
(ii) no notice was given to the person referred to in subparagraph (i)
advising the person of the making of the previous decision;
on the day on which the previous decision took effect;
(b) if subparagraph (a) (i) would apply but for the person concerned having sought the review or made the appeal outside the period of 3 months referred to in that subparagraph-on the day on which the person sought the review or made the appeal;
(c) if the determination is made following a person having advised the Department of a change in circumstances (other than a change consisting of a decrease in the rate of the person's maintenance income)-on the day on which that advice was received or on the day on which that change occurred, whichever is the later;
(ca) in the case of a determination granting a claim where none of the preceding paragraphs applies-on the day on which the determination was made or on such later day or earlier day as is specified in the determination; or
(d) in any other case-on the day on which the determination was made or on such later day or earlier day (not being a day more than 3 months before the determination was made) as is specified in the determination.

SOCIAL SECURITY ACT 1947 - SECT 168A
The Secretary may continue payment pending the determination of an
application
to the Secretary or the Social Security Appeals Tribunal for review of an
adverse decision

SECT

168A. (1) Where:
(a) an adverse decision is made in relation to a pension, benefit or allowance;
(b) the adverse decision depends on the exercise of a discretion by a person or the holding of an opinion by a person; and
(c) a person applies to the Secretary under subsection 173 (1) for review of the adverse decision;
the Secretary may declare that payment of the pension, benefit or allowance is to continue, pending determination of the review, as if the adverse decision had not been made.

(2) Where:
(a) an adverse decision is made in relation to a pension, benefit or allowance;
(b) the adverse decision depends on the exercise of a discretion by a person or the holding of an opinion by a person; and
(c) a person applies to the Social Security Appeals Tribunal for review of the adverse decision;
the Secretary may declare that payment of the pension, benefit or allowance is to continue, pending determination of the review, as if the adverse decision had not been made.

(3) A declaration under subsection (1) or (2) shall be in writing.

(4) While a declaration under subsection (1) or (2) is in force in relation to an adverse decision, this Act (other than Part XIX and this section) applies as if the adverse decision had not been made.

(5) A declaration under subsection (1) in relation to an adverse decision:
(a) commences to have effect on the day on which the declaration is made or such earlier day as is specified in the declaration; and
(b) ceases to have effect if:
(i) the application to the Secretary for review of the adverse decision
is withdrawn;
(ii) the review of the adverse decision is determined by the Secretary; or (iii) the declaration is revoked by the Secretary.

(6) A declaration under subsection (2):
(a) commences to have effect on the day on which the declaration is made or such earlier day as is specified in the declaration; and
(b) ceases to have effect if:
(i) the application to the Social Security Appeals Tribunal for review of the adverse decision is withdrawn;
(ii) the review of the adverse decision is determined by the Tribunal; or
(iii) the declaration is revoked by the Secretary.

(7) A reference in subsection (1) or (2) to the Secretary's holding of an opinion is a reference to the Secretary's holding of that opinion whether or not this Act expressly requires the opinion to be held before making the decision concerned.

(8) In this section:
"adverse decision" means:
(a) a determination under subsection 168 (1); or
(b) a decision under subsection 174 (1) the effect of which is that a
person's pension, benefit or allowance is cancelled or suspended or that the rate of a person's pension, benefit or allowance is decreased.

SOCIAL SECURITY ACT 1947 - SECT 169
Pension etc. to cease to be payable in certain cases

SECT

169.*3* (1) Where-
(a) a person who is in receipt of a pension, benefit or allowance under Part III, IV, V, VI, X, XI, XII, XIV or XVI or under section 237, notifies the Department of the occurrence of an event or a change in circumstances in accordance with a notice under sub-section 163 (1); and
(b) by reason of the occurrence of that event or that change in circumstances, the person ceases to be qualified or eligible to receive that pension, benefit or allowance,
that pension, benefit or allowance ceases to be payable to the person as from the day after the last day on which the person could, in accordance with a notice under sub-section 163 (1), have notified the Department of the occurrence of that event or that change in circumstances.

(2) Where-
(a) a person who is in receipt of a pension, benefit or allowance under Part III, IV, V, VI, X, XI, XII, XIV or XVI or section 237 is required to notify the Department of the occurrence of an event or a change in circumstances in accordance with a notice under sub-section 163 (1);
(b) the person does not notify the Department of the occurrence of that event or that change in circumstances within the period specified in that section or in the notice; and
(c) by reason of the occurrence of that event or that change in circumstances-
(i) the person ceases to be qualified or eligible to receive that
pension, benefit or allowance; or
(ii) that pension, benefit or allowance is payable to the person at a
lower rate,
that pension, benefit or allowance ceases to be payable to the person or becomes payable to the person at the lower rate, as the case may be, as from the day after the day on which that event or that change in circumstances occurred.

(3) Subject to sub-section (4), where-
(a) a person who is in receipt of a widow's pension, a supporting parent's benefit or an unemployment benefit under Part XIII is required to furnish a statement in accordance with a notice under sub-section 163 (2), being a notice that relates to payment of that pension or benefit in respect of a period specified in the notice; and
(b) the person does not comply with that notice,
that pension or benefit ceases to be payable to the person as from the first day of that period.

(4) The Secretary may, if he or she is satisfied that, in the special circumstances of the case, it is appropriate to do so, determine in writing that sub-section (3) does not apply to a person from such day, whether before or after the making of the determination, as is specified in the determination.

(5) Where:
(a) a person who is in receipt of a prescribed pension is required by a notice under subsection 163 (1) to notify an increase in the income of the person;
(b) the person fails to notify the Department of that increase in accordance with the notice; and
(c) the person has an earnings credit for the purposes of section 12A; the pension shall be reduced, or ceases to be payable, as the case requires, from the first pension pay day after the earnings credit is reduced to nil. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 170
Secretary may impose certain requirements

SECT

170. (1) In this section, "pension" means an invalid pension, a benefit under Part XIII or a sheltered employment allowance under Part XIV.

(2) If, in the opinion of the Secretary, a person who is in receipt of a pension or a person who is eligible or qualified to receive a pension should:
(a) undergo a medical or psychological examination;
(b) receive medical or other treatment;
(c) undertake:
(i) a course of vocational training; or
(ii) another course which the person could reasonably undertake and to
which the person has been referred by the Commonwealth Employment Service;
(d) undertake a course of vocational training; or
(e) do any work suitable to be done by the person;
the pension shall not be granted to the person, or shall cease to be payable to the person, as the case may be, unless the person complies with the reasonable requirements of the Secretary with respect to any such matter.

(3) The Secretary may request a person who is in receipt of a job search allowance to attend an office of the Commonwealth Employment Service and, if the person fails to attend that office in accordance with the request and does not have a reasonable excuse for failing to attend, the job search allowance ceases to be payable to the person.

(4) Where a person is complying with a requirement made of the person under this section, the person shall, for the purposes of this Act, be deemed to be eligible or qualified to receive the pension which the person was eligible or qualified to receive before that requirement was made.

SOCIAL SECURITY ACT 1947 - SECT 171
Interpretation

SECT

171. In this Part, unless the contrary intention appears, "person" includes an unincorporated body.

SOCIAL SECURITY ACT 1947 - PART XIX
PART XIX-REVIEW OF DECISIONS

SOCIAL SECURITY ACT 1947 - DIVISION 1
Division 1-Review by the Secretary

SOCIAL SECURITY ACT 1947 - SECT 172
The Secretary may review a decision

SECT

172. (1) The Secretary may review:
(a) a decision of an officer under this Act; or
(b) a decision under section 5A, 5B, 5C, 5D or 5E of the Health Insurance Act 1973; if satisfied that there is sufficient reason to review the decision.

(2) The Secretary may review a decision even if an application has been made to the Social Security Appeals Tribunal or the Administrative Appeals Tribunal for review of the decision.

(3) The Secretary may:
(a) affirm the decision;
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.

(4) Where:
(a) the Secretary makes a decision under subsection (3); and
(b) at the time when the Secretary makes that decision, a person has applied to the Social Security Appeals Tribunal for review of the decision that was reviewed by the Secretary;
the Secretary shall give the National Convener written notice of the Secretary's decision under subsection (3).

(5) Where:
(a) the Secretary makes a decision under subsection (3); and
(b) at the time when the Secretary makes that decision, a person has applied to the Administrative Appeals Tribunal for review of the decision that was reviewed by the Secretary;
the Secretary shall give the Registrar of the Administrative Appeals Tribunal written notice of the Secretary's decision under subsection (3).

(6) Where:
(a) the Secretary sets a decision aside under subsection (3); and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of this Act.

SOCIAL SECURITY ACT 1947 - SECT 173
A person affected by a decision may apply to the Secretary for review of the
decision

SECT

173. (1) A person affected by:
(a) a decision of an officer under this Act; or
(b) a decision under section 5A, 5B, 5C, 5D or 5E of the Health Insurance Act 1973;
may apply to the Secretary for review of the decision.

(2) Subsection (1) does not apply to a decision made by the Secretary himself or herself.

(3) A person may apply under subsection (1) for review of a decision, and the Secretary or an authorised review officer may review the decision, even if an application has been made to the Social Security Appeals Tribunal or the Administrative Appeals Tribunal for review of the decision.

(4) Where a person applies under subsection (1) for review of a decision, the Secretary shall:
(a) if, at the time when the person applies, an application has been made to the Social Security Appeals Tribunal for review of the decision-give the National Convener written notice of the making of the application under subsection (1);
(b) if, at the time when the person applies, an application has been made to the Administrative Appeals Tribunal for review of the decision-give the Registrar of the Tribunal written notice of the making of the application under subsection (1);
(c) if, after the application is made under subsection (1) and before the Secretary or an authorised review officer determines the review, an application is made to the Social Security Appeals Tribunal for review of the decision-give the National Convener written notice of the making of the application under subsection (1); and
(d) if, after the application is made under subsection (1) and before the Secretary or an authorised review officer determines the review, an application is made to the Administrative Appeals Tribunal for review of the decision-give the Registrar of the Tribunal written notice of the making of the application under subsection (1).

SOCIAL SECURITY ACT 1947 - SECT 174
The Secretary's powers on review

SECT

174. (1) Where a person applies under subsection 173 (1) for review of a decision, the Secretary or an authorised review officer shall:
(a) affirm the decision;
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.

(2) Where a person makes a decision under subsection (1), the person shall give the applicant written notice of the decision.

(3) Where:
(a) a person makes a decision under subsection (1); and
(b) at the time when the person makes the decision under subsection (1), an application has been made to the Social Security Appeals Tribunal for review of the decision that was reviewed by the person;
the person shall give the National Convener written notice of the person's decision under subsection (1).

(4) Where:
(a) a person makes a decision under subsection (1); and
(b) at the time when the person makes the decision under subsection (1), an application has been made to the Administrative Appeals Tribunal for review of the decision that was reviewed by the person;
the person shall give the Registrar of the Tribunal written notice of the person's decision under subsection (1).

(5) Where:
(a) a person sets a decision aside under subsection (1); and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of this Act.

SOCIAL SECURITY ACT 1947 - SECT 175
The Secretary will notify the applicant of the applicant's right to apply to
the Social Security Appeals Tribunal and the Administrative Appeals Tribunal

SECT

175. (1) Where a person gives the applicant notice under subsection 174 (2), the notice shall include:
(a) a statement to the effect that the applicant may, subject to this Act, apply to the Social Security Appeals Tribunal for review of the person's decision;
(b) a statement to the effect that, if the applicant applies to the Social Security Appeals Tribunal for review of the person's decision, the applicant will, under section 185, be given a statement, about the decision that:
(i) sets out the reasons for the decision;
(ii) sets out the findings by the person on material questions of fact;
and
(iii) refers to the evidence or other material on which those findings
were based; and
(c) a statement to the effect that, if the person is dissatisfied with the Social Security Appeals Tribunal's decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Administrative Appeals Tribunal for review of the Social Security Appeals Tribunal's decision.

(2) A contravention of subsection (1) in relation to a decision does not affect the validity of the decision.

SOCIAL SECURITY ACT 1947 - DIVISION 2
Division 2-Review by the Social Security Appeals Tribunal

SOCIAL SECURITY ACT 1947 - SECT 176
The Social Security Appeals Tribunal is to provide a fair, just, economical,
informal and quick review

SECT

176. The Social Security Appeals Tribunal shall, in carrying out its functions under this Act, pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.

SOCIAL SECURITY ACT 1947 - SECT 177
A person affected by a decision may apply to the Social Security Appeals
Tribunal for review of the decision

SECT

177. (1) Subject to section 178, a person affected by:
(a) a decision of an officer under this Act; or
(b) a decision under section 5A, 5B, 5C, 5D or 5E of the Health Insurance Act 1973;
may apply to the Social Security Appeals Tribunal for review of the decision.

(2) A person may apply under subsection (1) for review of a decision, and the Social Security Appeals Tribunal may review the decision, even if an application has been made to the Secretary under subsection 173 (1) for review of the decision.

SOCIAL SECURITY ACT 1947 - SECT 178
Some decisions are not reviewable by the Social Security Appeals Tribunal

SECT

178. The Social Security Appeals Tribunal cannot review a decision under:
(a) subsection 159 (1);
(b) section 163;
(c) section 164;
(d) section 168A; or
(e) subsection 184 (2).

SOCIAL SECURITY ACT 1947 - SECT 179
How should an application be made?

SECT

179. (1) A person may apply to the Social Security Appeals Tribunal for review of a decision by:
(a) sending or delivering a written application to:
(i) an office of the Tribunal; or
(ii) an office of the Department;
(b) going to an office of the Tribunal and making an oral application; or
(c) ringing an office of the Tribunal by telephone and making an oral application.

(2) Where a person makes an oral application under paragraph (1) (b) or (c), the person receiving the oral application shall make a written record of the details of the oral application and note on the record the date on which the application is made.

(3) Where a written record of an oral application is made under subsection (2), the written record shall be taken to be a written application by the applicant and to be delivered to an office of the Tribunal on the day on which the oral application is made.

(4) An application may include a statement of the reasons for seeking a review of the decision.

SOCIAL SECURITY ACT 1947 - SECT 180
What happens if the decision under review is varied while the application for
review is still being heard?

SECT

180. (1) Where an officer varies a decision after an application has been made to the Social Security Appeals Tribunal for review of the decision but before determination of the review, the application for review shall be treated as if it were an application for review of the decision as varied.

(2) Where an officer sets a decision aside and substitutes a new decision after an application has been made to the Social Security Appeals Tribunal for review of the decision set aside but before determination of the review, the application for review shall be treated as if it were an application for review of the new decision.

(3) Where:
(a) a person applies to the Social Security Appeals Tribunal for review of a decision; and
(b) before determination of the review, an officer varies the decision or sets the decision aside and substitutes a new decision; the person may either:
(c) proceed with the application for review of the decision as varied or the new decision; or
(d) withdraw the application under section 197.

SOCIAL SECURITY ACT 1947 - SECT 181
Who are the parties to a review of a decision?

SECT

181. (1) The parties to a review by the Social Security Appeals Tribunal of a decision are:
(a) the applicant;
(b) the Secretary; and
(c) any other person who has been made a party to the review under subsection (4).

(2) Where a person has applied under subsection 177 (1) for review of a decision, any other person whose interests are affected by the decision may apply to the National Convener to be made a party to the review.

(3) An application under subsection (2) must be in writing.

(4) The National Convener may order that a person who has applied under subsection (2) be made a party to the review.

SOCIAL SECURITY ACT 1947 - SECT 182
The Social Security Appeals Tribunal's powers on review

SECT

182. (1) Where a person applies to the Social Security Appeals Tribunal for review of a decision, the Tribunal shall:
(a) affirm the decision;
(b) vary the decision; or
(c) set the decision aside and:
(i) substitute a new decision; or
(ii) send the matter back to the Secretary for reconsideration in
accordance with any directions or recommendations of the Tribunal.

(2) Subsection (1) is subject to section 198 (which allows the National Convener to dismiss an application for review in certain circumstances).

(3) Where the Social Security Appeals Tribunal sets a decision aside and substitutes for it a decision that a person is entitled to a pension, benefit or allowance, the tribunal shall:
(a) assess the rate at which the pension, benefit or allowance is to be paid to the person; or
(b) ask the Secretary to assess the rate at which the pension, benefit or allowance is to be paid to the person.

(4) Subject to subsection (5), the Social Security Appeals Tribunal may, for the purposes of reviewing a decision under this Act, exercise all the powers and discretions that are conferred by this Act on the Secretary.

(5) The reference in subsection (4) to powers and discretions conferred by this Act does not include a reference to powers and discretions conferred by:
(a) subsection 159 (1);
(b) section 161;
(c) section 162;
(d) section 163;
(e) section 164;
(f) section 168A;
(g) section 170; or
(h) subsection 184 (2).

(6) The Social Security Appeals Tribunal may, for the purposes of reviewing a decision under the Health Insurance Act 1973, exercise all the powers and discretions that are conferred by that Act on the Secretary.

(7) Where:
(a) the Social Security Appeals Tribunal sets a decision aside under subsection (1); and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of this Act.

SOCIAL SECURITY ACT 1947 - SECT 183
Date of effect of the Social Security Appeals Tribunal's decision

SECT

183. (1) Subject to subsections (2), (3) and (4), a decision by the Social Security Appeals Tribunal comes into operation immediately on the giving of the decision.

(2) The Tribunal may specify in a decision that the decision is not to come into operation until a later day specified in the decision and if it does so the decision comes into operation on that later day.

(3) Subject to subsections (5) and (6), where the Tribunal varies the decision under review, the decision under review as varied by the Tribunal has effect, or shall be taken to have had effect, on and from the day on which the decision under review has or had effect.

(4) Subject to subsections (5) and (6), where the Tribunal sets the decision under review aside and substitutes a new decision, the new decision has effect, or shall be taken to have had effect, on and from the day on which the decision under review has or had effect.

(5) Where:
(a) a person is given written notice of a decision under this Act;
(b) the person applies to the Social Security Appeals Tribunal more than 3 months after the notice was given, for review of the decision;
(c) the Tribunal varies the decision or sets the decision aside and substitutes a new decision; and
(d) the effect of the Tribunal's decision is:
(i) to grant the person's claim for a pension, benefit or allowance;
(ii) to direct the making of a payment of pension, benefit or allowance to the person; or
(iii) to increase the rate of the person's pension, benefit or allowance;
subsections (3) and (4) apply as if references in those subsections to the day on which the decision under review had effect were references to the day on which the application was made to the Tribunal for review of the decision under review.

(6) The Tribunal may order that subsection (3) or (4) not apply to a decision by the Tribunal on a review.

(7) If an order is made under subsection (6), subsection (3) or (4) does not apply to the decision but subsections (1) and (2) apply instead.

SOCIAL SECURITY ACT 1947 - DIVISION 3
Division 3-Procedures for review of a decision by the Social Security Appeals
Tribunal

SOCIAL SECURITY ACT 1947 - SUBDIVISION A
Subdivision A-Preliminary procedures

SOCIAL SECURITY ACT 1947 - SECT 184
What happens initially when an application for review is received?

SECT

184. (1) If the application is sent or delivered to an office of the Department, the Secretary shall send the application to the National Convener as soon as practicable and in any case not later than 7 days after the application is received at the office of the Department.

(2) Where:
(a) the applicant sends or delivers the application to an office of the Social Security Appeals Tribunal; or
(b) the Secretary sends the application to the National Convener under subsection (1);
the National Convener shall give both the applicant and the Secretary written notice that the application has been received.

(3) Within 28 days after receiving notice of the making of the application from the National Convener, the Secretary shall send the National Convener:
(a) a statement about the decision under review that:
(i) sets out the findings of fact made by the person who made the
decision;
(ii) refers to the evidence on which those findings were based; and
(iii) gives the reasons for the decision; and
(b) the original or a copy of every document or part of a document that is in the Secretary's possession or control and is considered by the Secretary to be relevant to the review of the decision.

(4) If the National Convener asks the Secretary to send the statement and documents by a date earlier than the date provided for in subsection (3), the Secretary shall take reasonable steps to comply with the National Convener's request.

(5) If:
(a) after the end of the period referred to in subsection (3) and before the determination of the review, the Secretary obtains possession of a document;
(b) the Secretary considers that the document or a part of the document is relevant to the review; and
(c) a copy of the document or the part of the document has not been sent to the National Convener under subsection (3);
the Secretary shall send a copy of the document or the part of the document to an office of the Tribunal as soon as practicable after obtaining possession of the document.

SOCIAL SECURITY ACT 1947 - SECT 185
The National Convener will give the other parties a copy of the
paragraph 184 (3) (a) statement

SECT

185. The National Convener shall give each party (other than the Secretary) a copy of the statement referred to in paragraph 184 (3) (a).

SOCIAL SECURITY ACT 1947 - SECT 186
The National Convener will make arrangements for the hearing
of the application

SECT

186. (1) Where an application is made to the Social Security Appeals Tribunal for review of a decision under this Act, the National Convener shall fix the date, time and place for the hearing of the application.

(2) Where a declaration under section 168A is in force in relation to the decision, the National Convener shall take reasonable steps to ensure that the decision is reviewed as quickly as possible.
Note: If a declaration under section 168A is in force, the person whose pension etc is affected will be continuing to receive pension etc. as if the decision under review had not been made.

(3) The National Convener shall give the applicant written notice of the date, time and place fixed for the hearing of the application.

(4) The notice under subsection (3) shall be given a reasonable time before the date fixed for the hearing.

SOCIAL SECURITY ACT 1947 - SECT 187
The National Convener will give notice of the application to any person
whose interests the National Convener believes are affected
by the decision under review

SECT

187. (1) Where:
(a) a person has made an application to the Social Security Appeals Tribunal for a review of a decision; and
(b) the National Convener believes that another person's interests may be affected by the decision;
the National Convener shall take reasonable steps to give the other person written notice that an application has been made to the Tribunal for review of the decision.

(2) The notice under subsection (1) shall include a notice to the person of the person's right under section 181 to apply to the National Convener to be added as a party to the review.

(3) The National Convener may give a notice under subsection (1) at any time before the determination of the review.

(4) If the National Convener gives a person notice under subsection (1) that an application has been made for review of a decision, the National Convener shall give each party to the review a copy of the notice.

SOCIAL SECURITY ACT 1947 - SUBDIVISION B
Subdivision B-How the Social Security Appeals Tribunal informs itself about
the
decision under review

SOCIAL SECURITY ACT 1947 - SECT 188
How does a party put material before the Social Security Appeals Tribunal?

SECT

188. (1) A party to a review of a decision may;
(a) make oral submissions to the Tribunal; and
(b) make written submissions to the Tribunal.

(2) The Secretary may make written submissions to the Tribunal.

(3) A party to a review of a decision may have another person make oral submissions to the Tribunal on behalf of the party.

(4) The National Convener may determine that the oral submissions to the Social Security Appeals Tribunal by a party or a party's representative are to be made by telephone.

(5) Without limiting subsection (4), the National Convener may determine that oral submissions to the Social Security Appeals Tribunal by a party or a party's representative are to be made by telephone if:
(a) the application is urgent and unnecessary delay would be caused by not conducting the hearing by telephone;
(b) the party lives in a remote area and unnecessary expense would be incurred if the party or the party's representative had to travel to the place at which the hearing is to be held;
(c) the party has failed to attend the hearing and has not indicated that he or she intends not to attend the hearing; or
(d) the applicant is unable to attend the hearing because of illness or infirmity.

(6) Where a party attending the hearing of the review is not proficient in English, the National Convener may direct that communication with the party at the hearing of the review proceed through an interpreter.

(7) A reference in this section to a party does not include a reference to the Secretary.

SOCIAL SECURITY ACT 1947 - SECT 189
When can the Social Security Appeals Tribunal proceed without oral
submissions
from a party?

SECT

189. (1) Where a party has advised the National Convener that the party does not intend making oral submissions to the Social Security Appeals Tribunal, the Tribunal may proceed to hear the application for review without oral submissions from the party.

(2) Where:
(a) the National Convener has determined under subsection 188 (4) that oral submissions to the Social Security Appeals Tribunal by a party or the party's representative are to be made by telephone; and
(b) on the day fixed for the hearing the presiding member has been unable to contact the party or the party's representative after reasonable efforts have been made to do so;
the National Convener may authorise the Tribunal to proceed to hear the application without oral submissions from the party or the party's representative.

(3) Where:
(a) the National Convener has not determined under subsection 188 (4) that oral submissions to the Social Security Appeals Tribunal by a party or the party's representative are to be made by telephone; and
(b) the party or the party's representative does not attend the hearing at the time fixed for the hearing;
the National Convener may authorise the Tribunal to proceed to hear the application without oral submissions from the party or the party's representative.

(4) Where the National Convener gives an authorisation under subsection (2) or (3), the Social Security Appeals Tribunal may proceed to hear the application without oral submissions from the party or the party's representative.

(5) The National Convener may revoke an authorisation under subsection (2) or (3).

SOCIAL SECURITY ACT 1947 - SECT 190
The Social Security Appeals Tribunal may take evidence

SECT

190. The Social Security Appeals Tribunal may take evidence on oath or affirmation for the purposes of a review of a decision.

SOCIAL SECURITY ACT 1947 - SECT 191
The Secretary will provide further information on a request from the National
Convener

SECT

191. (1) The National Convener may ask the Secretary to provide information or a document the Secretary has and that is relevant to the review of a decision.

(2) The Secretary shall comply with a request made under subsection (1).

SOCIAL SECURITY ACT 1947 - SECT 192
The National Convener may ask the Secretary to exercise powers under section
164

SECT

192. (1) The National Convener may ask the Secretary to exercise the Secretary's powers under paragraph 164 (1) (a) if the National Convener is satisfied that a person has information, or has custody or control of a document, that is relevant to the review of the decision.
Note: Under paragraph 164 (1) (a), the Secretary can, for the purposes of this Act, require a person to provide information or produce documents.

(2) The Secretary shall take all reasonable steps to comply with the request and shall, if at all practicable, do so within 7 days after receiving the request.

SOCIAL SECURITY ACT 1947 - SUBDIVISION C
Subdivision C-The nature of the hearing

SOCIAL SECURITY ACT 1947 - SECT 193
The hearing will be as informal as possible

SECT

193. (1) The Social Security Appeals Tribunal, in reviewing a decision:
(a) is not bound by technicalities, legal forms or rules of evidence;
(b) shall act as speedily as a proper consideration of the review allows; and (c) shall, in determining what a proper consideration of the review requires, have regard to the objective laid down by section 176.

(2) The Social Security Appeals Tribunal may inform itself on any matter relevant to a review of a decision in any manner the Tribunal considers appropriate.

SOCIAL SECURITY ACT 1947 - SECT 194
The hearing will be in private

SECT

194. (1) The hearing of a review shall be in private.

(2) The National Convener may give directions as to the persons who may be present at any hearing of a review.

(3) In exercising powers under subsection (2), the National Convener shall have regard to wishes of the parties and the need to protect their privacy.

(4) Directions under subsection (2) may be made in writing or otherwise.

SOCIAL SECURITY ACT 1947 - SECT 195
The National Convener may make orders restricting the further disclosure of
information disclosed at a hearing

SECT

195. (1) The National Convener may make an order directing a person who is present at the hearing of a review:
(a) not to disclose information disclosed to the person in the course of the hearing of the review; or
(b) not to disclose information disclosed to the person in the course of the hearing of the review except in the circumstances or for the purposes specified in the order.

(2) A person shall not contravene an order made under subsection (1).

SOCIAL SECURITY ACT 1947 - SUBDIVISION D
Subdivision D-Other procedural matters

SOCIAL SECURITY ACT 1947 - SECT 196
The Social Security Appeals Tribunal may adjourn a hearing

SECT

196. (1) The Social Security Appeals Tribunal may adjourn the hearing of a review of the decision from time to time.

(2) Without limiting subsection (1), the Social Security Appeals Tribunal may refuse to adjourn a hearing of a review of a decision if:
(a) there have already been a number of adjournments of the hearing;
(b) the Tribunal is satisfied that the adjournment would be contrary to the objective laid down by section 176; or
(c) a declaration under section 168A is in force in relation to the decision. Note: If a declaration under section 168A is in force, the person whose pension etc. is affected will be continuing to receive pension etc. as if the decision under review had not been made.

SOCIAL SECURITY ACT 1947 - SECT 197
The applicant may withdraw the application

SECT

197. (1) An applicant for review of a decision may withdraw the application at any time.

(2) A withdrawal may be made by:
(a) sending or delivering written notice of withdrawal to:
(i) an office of the Social Security Appeals Tribunal; or
(ii) an office of the Department;
(b) going to an office of the Tribunal and orally withdrawing the application; or
(c) ringing an office of the Tribunal by telephone and orally withdrawing the application.

(3) Where a person withdraws an application under paragraph (2) (b) or (c), the person receiving the oral withdrawal shall make a written record of the withdrawal and note on the record the date on which the withdrawal was made.

SOCIAL SECURITY ACT 1947 - SECT 198
The application may be dismissed if the applicant does not intend to proceed
with the application

SECT

198. (1) Where:
(a) a person makes an application to the Social Security Appeals Tribunal for review of a decision; and
(b) the National Convener is satisfied, either after having communicated with the person or having made reasonable attempts to contact the person and having failed to do so, that the person does not intend to proceed with the application; the National Convener may dismiss the application.

(2) Where the National Convener dismisses an application under subsection (1) the application shall be taken to have been withdrawn at the time when the application is dismissed.

SOCIAL SECURITY ACT 1947 - SECT 199
Who presides at the hearing?

SECT

199. (1) If the National Convener is one of the members who constitute the Social Security Appeals Tribunal for the purposes of the review of a decision, the National Convener shall preside at the hearing of the review.

(2) If:
(a) a senior member is one of the members who constitute the Social Security Appeals Tribunal for the purposes of the review of a decision; and
(b) the National Convener is not one of those members;
the senior member shall preside at the hearing of the review.

(3) In any other case, the National Convener shall designate one of the members who constitute the Social Security Appeals Tribunal for the purposes of the review of a decision as the member who is to preside at the hearing of the review.

SOCIAL SECURITY ACT 1947 - SECT 200
Questions arising on a review will be decided by a majority

SECT

200. A question before the Social Security Appeals Tribunal on a review shall be decided according to the opinion of a majority of the members constituting the Tribunal for the purposes of the review.

SOCIAL SECURITY ACT 1947 - SECT 201
What happens if the members are equally divided in opinion?

SECT

201. Where:
(a) an application is made to the Social Security Appeals Tribunal for review of a decision; and
(b) section 200 does not apply to a question before the Tribunal on the review;
the question shall be decided according to the opinion of the member presiding.

SOCIAL SECURITY ACT 1947 - SECT 202
The National Convener may give directions as to the procedure to be followed
in
hearing reviews

SECT

202. (1) The National Convener:
(a) may give general directions as to the procedure to be followed by the Social Security Appeals Tribunal in connection with the review of decisions under this Act; and
(b) may give directions as to the procedure to be followed by the Social Security Appeals Tribunal in connection with a particular review.

(2) A direction under subsection (1) shall not be inconsistent with the provisions of this Act or the regulations.

(3) A direction under paragraph (1) (b) may be given either before or after the hearing of the particular review has commenced.

(4) The presiding member of the Social Security Appeals Tribunal as constituted to hear a particular review may give directions as to the procedure to be followed on the hearing of the review.

(5) A direction under subsection (4) shall not be inconsistent with:
(a) the provisions of this Act or the regulations; or
(b) a direction given under subsection (1).

(6) A direction given under subsection (4) may be given either before or after the hearing of the particular review has commenced.

(7) Directions under this section shall be given having due regard to the objective laid down by section 176.

SOCIAL SECURITY ACT 1947 - SECT 203
Who bears the expenses of the review?

SECT

203. (1) Subject to subsection (4), a party must bear any expenses incurred by the party in connection with the review.

(2) The Social Security Appeals Tribunal may determine that a party may be reimbursed for reasonable travel and accommodation expenses that are incurred by the party in relation to the review and that are specified in the determination.

(3) The Social Security Appeals Tribunal may determine that a party may be reimbursed for the expenses incurred by the party in relation to a medical service where the arrangements for the medical service were made by the Tribunal.

(4) Where a determination is made under subsection (2) or (3) in relation to a party's expenses, the party may be reimbursed by the Commonwealth for those expenses.

SOCIAL SECURITY ACT 1947 - SUBDIVISION E
Subdivision E-Notification of decision

SOCIAL SECURITY ACT 1947 - SECT 204
What happens when the Social Security Appeals Tribunal makes its decision on
the review?

SECT

204. (1) Where the Social Security Appeals Tribunal makes its decision on a review, the Tribunal shall:
(a) prepare a written statement that:
(i) sets out the decision of the Tribunal on the review;
(ii) sets out the reasons for the decision;
(iii) sets out the findings on any material questions of fact; and
(iv) refers to the evidence or other material on which the findings of
fact were based;
(b) give each party to the review a copy of the statement referred to in paragraph (a) within 14 days after the determination of the review;
(c) return to the Secretary any document that the Secretary has provided in relation to the review; and
(d) give the Secretary a copy of any other document that contains evidence or material on which the findings of fact were based.

(2) Where the Social Security Appeals Tribunal determines a review, the National Convener shall give each party to the review (other than the Secretary) a written notice that includes a statement to the effect that, if the person is dissatisfied with the Social Security Appeals Tribunal's decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the Tribunal for review of the decision.

(3) A contravention of subsection (2) in relation to a decision does not affect the validity of the decision.

SOCIAL SECURITY ACT 1947 - DIVISION 4
Division 4-Review by Administrative Appeals Tribunal

SOCIAL SECURITY ACT 1947 - SUBDIVISION A
Subdivision A-Right to review by Administrative Appeals Tribunal

SOCIAL SECURITY ACT 1947 - SECT 205
A person affected by a decision that has been reviewed by the Social Security
Appeals Tribunal may apply to the Administrative Appeals Tribunal for a
further
review of the decision

SECT

205. (1) Where a decision has been reviewed by the Social Security Appeals Tribunal and has been affirmed, varied or set aside, application may be made to the Administrative Appeals Tribunal for a review of the decision of the Social Security Appeals Tribunal.

(2) For the purposes of subsection (1), the decision made by the Social Security Appeals Tribunal shall be taken to be:
(a) where the Tribunal affirms a decision-the decision as affirmed;
(b) where the Tribunal varies a decision-the decision as varied;
(c) where the Tribunal sets a decision aside and substitutes a new decision-the new decision; and
(d) where the Tribunal sets a decision aside and sends the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the Tribunal-the directions or recommendations of the Tribunal.

(3) Subsection (1) has effect subject to section 29 of the Administrative Appeals Tribunal Act 1975.

Note: Section 29 of the Administrative Appeals Tribunal Act 1975 lays down the manner in which an application to the AAT for review of a decision must be made. (4) Where:
(a) the Administrative Appeals Tribunal sets a decision aside; and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, deem the event to have occurred for the purposes of this Act.

SOCIAL SECURITY ACT 1947 - SECT 206
What happens if the decision under review is varied while the application for
review is still being heard?

SECT

206. (1) Where an officer varies a decision after an application has been made to the Administrative Appeals Tribunal for review of that decision but before the determination of the application for review, the application shall be treated as if it were an application for review of the decision as varied.

(2) Where an officer sets a decision aside and substitutes a new decision after an application has been made to the Administrative Appeals Tribunal for review of the decision but before determination of the review, the application shall be treated as if it were an application for review of the new decision.

(3) Where:
(a) a person applies to the Administrative Appeals Tribunal for review of a decision; and
(b) before determination of the review, an officer varies the decision or sets the decision aside and substitutes the new decision;
the person may either:
(c) proceed with the application for review of the decision as varied or the new decision; or
(d) withdraw the application.

SOCIAL SECURITY ACT 1947 - SECT 207
The Secretary will be able to apply to the Administrative Appeals Tribunal
for
review of a decision that the Social Security Appeals Tribunal has varied or
set aside

SECT

207. Where a decision has been reviewed by the Social Security Appeals Tribunal and has been varied or set aside, the Administrative Appeals Tribunal Act 1975 applies to a review under section 205 of the Social Security Appeals Tribunal's decision as if the Secretary were, for the purposes of section 27 of that Act, a person whose interests are affected by the Social Security Appeals Tribunal's decision.
Note: Section 27 of the Administrative Appeals Tribunal Act 1975 says that where an Act provides that an application may be made to the AAT for a review of a decision, the application may be made by or on behalf of any person whose interests are affected by the decision.

SOCIAL SECURITY ACT 1947 - SUBDIVISION B
Subdivision B-Modification of the Administrative Appeals Tribunal Act 1975

SOCIAL SECURITY ACT 1947 - SECT 208
Modification of the Administrative Appeals Tribunal Act

SECT

208. This Subdivision sets out the modifications of the Administrative Appeals Tribunal Act 1975 that need to be made for applications for review under section 205.

SOCIAL SECURITY ACT 1947 - SECT 209
Applicant's right to have a statement of the reasons for the decision under
review

SECT

209. The Administrative Appeals Tribunal Act 1975 applies to an application under section 205 for review of a decision as if references in section 28 of that Act to the person who made the decision were references to the National Convener.
Note: Section 201 of this Act requires the SSAT to give the parties to a review copies of a statement setting out reasons, findings on material questions of fact and a reference to the evidence or other material on which the findings were based. Section 28 of the Administrative Appeals Tribunal Act 1975 entitles an applicant for review by the AAT to ask the person who made the decision for a statement setting out the same matters. Subsection 28 (4) of the Administrative Appeals Tribunal Act 1975 says that an applicant for review is not entitled to a statement under that section if the matters referred to in section 201 of this Act are set out in the decision itself or in a written statement given to the applicant.

SOCIAL SECURITY ACT 1947 - SECT 210
Notice of application for review

SECT

210. The Administrative Appeals Tribunal Act 1975 applies to an application under section 205 for review of a decision as if the reference in subsection 29 (11) of that Act to the person who made the decision were a reference to each party to the review by the Social Security Appeals Tribunal (other than a party making the application under section 205).
Note: Subsection 29 (11) of the Administrative Appeals Tribunal Act 1975 requires notice of an application to the AAT for review of a decision to be given to the person who made the decision. The effect of section 210 is that any person who was a party to the review by the SSAT will be given notice of an application to the AAT for further review.

SOCIAL SECURITY ACT 1947 - SECT 211
Who are the parties to a review by the Administrative Appeals Tribunal?

SECT

211. The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 205 as if the reference in paragraph 30 (1) (b) to the person who made the decision were a reference to each person who was a party to the review by the Social Security Appeals Tribunal.

Note: Paragraph 30 (1) (b) of the Administrative Appeals Tribunal Act 1975
says that the person who made the decision under review is a party to the
proceeding before the AAT for review of the decision. The effect of section 211
is that each person who was a party to the review by the SSAT is automatically
made a party to an application to the AAT for further review.

SOCIAL SECURITY ACT 1947 - SECT 212
Lodging of material documents with the Administrative Appeals Tribunal

SECT

212. (1) The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 205 as if references in section 37 of that Act to the person who has made the decision that is the subject of an application for review by the Administrative Appeals Tribunal were references to the Secretary.

(2) Where a person applies to the Administrative Appeals Tribunal under section 205 for review of a decision, the Secretary shall be taken to have complied with the Secretary's obligations under paragraph 37 (1) (a) of the Administrative Appeals Tribunal Act 1975 in relation to the decision if the Secretary gives the Administrative Appeals Tribunal the prescribed number of copies of the statement prepared by the Social Security Appeals Tribunal under paragraph 204 (1) (a).

(3) Subsection (2) does not limit the Administrative Appeals Tribunal's powers under section 38 of the Administrative Appeals Tribunal Act 1975.
Note: Subsection 37 (1) of the Administrative Appeals Tribunal Act 1975 requires a person who has made a decision that is under review by the AAT to give the AAT copies of:
(a) a statement setting out the findings on material questions of fact,
referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and
(b) every other document or part of a document that is in the person's
possession or under the person's control and is considered by the person to be relevant to the review.
Note: Unless subsection 212 (1) said otherwise, the obligations under section 37 of the Administrative Appeals Tribunal Act 1975 would fall on the SSAT. Paragraph 204 (1) (a) requires the SSAT to prepare a written statement of reasons, findings and evidence for its decision and paragraph 204 (1) (b) requires the SSAT to give the Secretary a copy of the statement. As the Secretary has possession of the statement and the relevant documents, the Secretary is the appropriate person to give them to the AAT.

SOCIAL SECURITY ACT 1947 - SECT 213
Power of the Administrative Appeals Tribunal to obtain additional statements

SECT

213. The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 205 as if references in section 38 of that Act to the person who lodges a statement referred to in paragraph 37 (1) (a) of that Act with the Tribunal were references to the National Convener.
Note: The effect of section 213 is that if the AAT considers that the section 204 statement is not adequate, the AAT may ask the National Convener to provide an additional statement containing further and better details.

SOCIAL SECURITY ACT 1947 - SECT 214
Operation and implementation of the decision under review

SECT

214. The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 205 as if the references in subsection 41 (4) to the person who made the decision were references to each party to the review by the Social Security Appeals Tribunal.
Note: Section 41 of the Administrative Appeals Tribunal Act 1975 deals with the operation and implementation of a decision under review by the AAT.

SOCIAL SECURITY ACT 1947 - SECT 215
Power of the Administrative Appeals Tribunal to strike out a party

SECT

215. The Administrative Appeals Tribunal Act 1975 applies to a review under section 205 as if the reference in subsection 42A (2) to the person who made the decision were a reference to the Secretary.
Note: Subsection 42A (2) of the Administrative Appeals Tribunal Act 1975 empowers the AAT to direct that a person who fails to appear (other than the person who made the decision that is under review) shall cease to be a party to the proceedings before the AAT.

SOCIAL SECURITY ACT 1947 - PART XX
PART XX-SOCIAL SECURITY APPEALS TRIBUNAL

SOCIAL SECURITY ACT 1947 - DIVISION 1
Division 1-Establishment and membership of the Social Security Appeals
Tribunal

SOCIAL SECURITY ACT 1947 - SECT 216
Establishment of the Social Security Appeals Tribunal

SECT

216. There is hereby established a Social Security Appeals Tribunal, which shall consist of:
(a) a National Convener;
(b) such number of senior members as are appointed in accordance with this Act; and
(c) such number of other members as are appointed in accordance with this Act.

SOCIAL SECURITY ACT 1947 - SECT 217
The National Convener

SECT

217. (1) The National Convener is responsible for the overall operation and administration of the Social Security Appeals Tribunal.

(2) The National Convener shall:
(a) monitor the operations of the Social Security Appeals Tribunal;
(b) take reasonable steps to ensure that decisions of the Social Security Appeals Tribunal are consistent; and
(c) take reasonable steps to ensure that the Social Security Appeals Tribunal efficiently and effectively performs its functions.

(3) The National Convener may give directions:
(a) for the purpose of increasing the efficiency of the operations of the Social Security Appeals Tribunal; and
(b) as to the arrangements of the business of the Tribunal.

SOCIAL SECURITY ACT 1947 - SECT 218
Appointment of members

SECT

218. (1) The National Convener and the Senior members of the Social Security Appeals Tribunal shall be appointed by the Governor-General.

(2) The other members shall be appointed by the Minister.

(3) The National Convener shall be appointed as a full-time member.

(4) Any other member may be appointed either as a full-time member or as a part-time member.

SOCIAL SECURITY ACT 1947 - SECT 219
Period of appointment of members

SECT

219. (1) Subject to this Part, a member holds office for such period as is specified in the instrument of appointment, but is eligible for re-appointment.

(2) The period specified under subsection (1) shall not exceed:
(a) in the case of the National Convener-5 years; and
(b) in any other case-3 years.

SOCIAL SECURITY ACT 1947 - SECT 220
Acting appointments

SECT

220. (1) The Minister may appoint a person to act as National Convener:
(a) during a vacancy in the office of National Convener, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the National Convener is absent from duty or from Australia or is, for any reason, unable to perform the duties of the National Convener's office.

(2) A person appointed to act during a vacancy in the office of National Convener shall not continue to act for more than 12 months.

(3) The Minister may appoint a person to act as a full-time senior member during any period, or during all periods, when the member is absent from duty or from Australia or is, for any reason, unable to perform the functions of the member's office.

(4) The Minister may appoint a person to act as a part-time senior member during any period, or during all periods, when the member is, for any reason, unavailable to perform the duties of the member's office.

(5) Where a person has been appointed under subsection (1), (3) or (4), the Minister may direct that the person shall continue to act in the appointment after the normal terminating event occurs.

(6) A direction under subsection (5) shall specify the period during which the person may continue to act in the appointment.

(7) The period specified under subsection (6) may be specified by reference to the happening of a particular event or the existence of particular circumstances.

(8) A direction under subsection (5):
(a) shall be given only if there is a pending review or other special circumstance justifying the giving of the direction; and
(b) may only be given before the normal terminating event occurs.

(9) A person continuing to act under a direction under subsection (5) shall not continue to act for more than 12 months after the normal terminating event occurs.

(10) Where the Social Security Appeals Tribunal as constituted for the purposes of a review includes a person acting or purporting to act under this section, any decision of, or any direction given or any other act done by, the Tribunal as so constituted is not invalid merely because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in connection with the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.

(11) Anything done by or in relation to a person purporting to act under an appointment under this section is not invalid merely because:
(a) the occasion for the appointment had not arisen;
(b) there was a defect or irregularity in connection with the appointment;
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.

(12) For the purposes of this section the normal terminating event for an appointment under subsection (1), (3) or (4) is:
(a) if the appointment is made under paragraph (1) (a)-the filling of the vacancy in the office of National Convener;
(b) if the appointment is made under paragraph (1) (b)-the National Convener ceasing to be absent or ceasing to be unable to perform the duties of the National Convener's office;
(c) if the appointment is made under subsection (3)-the senior member ceasing to be absent or ceasing to be unable to perform the duties of the member's office; or
(d) if the appointment is made under subsection (4)-the senior member ceasing to be unavailable to perform the duties of the member's office.

SOCIAL SECURITY ACT 1947 - DIVISION 2
Division 2-Organisation of the business of the Social Security Appeals
Tribunal

SOCIAL SECURITY ACT 1947 - SECT 221
The National Convener will direct which members are to constitute the Social
Security Appeals Tribunal for the purposes of a review

SECT

221. (1) Subject to section 222, the National Convener may give written directions as to the members who are to constitute the Social Security Appeals Tribunal for the purposes of:
(a) a particular review; or
(b) reviews of a particular kind.

(2) Without limiting subsection (1), the National Convener may give a direction under that subsection as to the members who are to constitute the Social Security Appeals Tribunal for the purposes of all reviews, or reviews of a particular kind, that are listed for hearing at a particular place during a particular period or during particular periods.

(3) For the purposes of a review, the Social Security Appeals Tribunal shall be constituted by the members ascertained in accordance with the directions given under subsection (1).

SOCIAL SECURITY ACT 1947 - SECT 222
Number of members to constitute Social Security Appeals Tribunal for the
purposes of a review

SECT

222. (1) The maximum number of members to constitute the Social Security Appeals Tribunal for the purposes of a review is 4.

(2) Subject to subsection (3) and section 223, the minimum number of members to constitute the Social Security Appeals Tribunal for the purposes of a review is 3.

(3) A member or 2 members may constitute the Social Security Appeals Tribunal for the purposes of a review if the National Convener is satisfied that there are special circumstances justifying the consideration of the review by fewer than 3 members.

SOCIAL SECURITY ACT 1947 - SECT 223
What happens if a member of the Social Security Appeals Tribunal ceases to be
available for the review?

SECT

223. (1) Where the hearing of a review of a decision has been commenced or completed by the Social Security Appeals Tribunal constituted by 2 or more members but, before the matter to which the proceeding relates has been determined, one of the members constituting the Tribunal for the purposes of the review has:
(a) ceased to be a member; or
(b) has ceased to be available for the purposes of the review; the following provisions have effect:
(c) if the National Convener does not give a direction under section 221 reconstituting the Tribunal for the purposes of the review-the hearing and determination, or the determination, of the review may be completed by the Tribunal constituted by the remaining member or members;
(d) in any other case-the proceeding shall be reheard by the Tribunal as reconstituted in accordance with the directions of the National Convener under section 221.

(2) Where a review is reheard by the Social Security Appeals Tribunal, the Tribunal may, for the purposes of that review, have regard to any record of the proceedings before the Tribunal as previously constituted.

(3) The reference in subsection (2) to a record of proceedings includes a reference to a record of any evidence taken in the proceeding.

SOCIAL SECURITY ACT 1947 - DIVISION 3
Division 3-Administrative matters

SOCIAL SECURITY ACT 1947 - SECT 224
Remuneration and allowances of members

SECT

224. (1) A member shall be paid such remuneration as is determined by the Remuneration Tribunal.

(2) If no determination of a member's remuneration by the Remuneration Tribunal is in operation, the member shall be paid such remuneration as is prescribed.

(3) A member shall be paid such allowances as are prescribed.

(4) This section has effect subject to the Remuneration Tribunals Act 1973.

SOCIAL SECURITY ACT 1947 - SECT 225
Leave of absence

SECT

225. (1) The Minister may grant leave of absence to the National Convener on such terms and conditions as to remuneration or otherwise as the Minister determines.
(2) The National Convener may grant leave of absence to another full-time member.

(3) The Minister may determine the terms and conditions as to remuneration or otherwise on which leave may be granted under subsection (2).

(4) A determination under subsection (3) shall be in writing.

SOCIAL SECURITY ACT 1947 - SECT 226
Approval to engage in outside employment

SECT

226. (1) The National Convener may approve another full-time member's engaging in paid employment outside the duties of the member's office.

(2) The Minister may give the National Convenor directions as to the National Convener's exercise of powers under subsection (1) and the National Convener shall comply with the directions.

(3) A direction under subsection (2) shall be in writing.

SOCIAL SECURITY ACT 1947 - SECT 227
Resignation

SECT

227. A member may resign office by writing signed by the member and delivered to the Minister.

SOCIAL SECURITY ACT 1947 - SECT 228
Removal from office

SECT

228. (1) The Governor-General may remove the National Convener or a senior member from office on the ground of proved misbehaviour or physical or mental incapacity.

(2) The Minister may remove an ordinary member from office on the ground of proved misbehaviour or physical or mental incapacity.

(3) The Minister may suspend a member from office on the ground of misbehaviour or physical or mental incapacity.

(4) Where the Minister suspends the National Convener or a senior member from office, the Governor-General may, on the recommendation of the Minister:
(a) remove the National Convener or the senior member from office;
(b) direct that the suspension continue for such further period as the Governor-General specifies; or
(c) direct that the suspension terminate.

(5) The suspension of a member from office under this section does not affect any entitlement of the member to be paid remuneration and allowances.

(6) The Governor-General may remove the National Convener or a senior member from office if disqualifying circumstances exist in relation to the National Convener or the senior member.

(7) The Minister may remove an ordinary member from office if disqualifying circumstances exist in relation to the member.

(8) For the purposes of this section disqualifying circumstances exist in relation to a member if:
(a) the member becomes bankrupt;
(b) the member applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;
(c) the member compounds with the member's creditors;
(d) the member makes an assignment of the member's remuneration for the benefit of the member's creditors;
(e) the member is a full-time member and:
(i) engages, except in accordance with an approval under section 226, in
paid employment outside the duties of the member's office; or
(ii) is absent from duty, except on leave of absence granted under section 225, for 14 consecutive days or 28 days in any 12 months; or
(f) the member fails, without reasonable excuse, to comply with the member's obligations under section 229.

(9) If the National Convener or a senior member is an eligible employee for the purposes of the Superannuation Act 1976, the Governor-General may, with the consent of the National Convener or the senior member, by signed instrument, retire the National Convener or the senior member from office on the ground of physical or mental incapacity on a date specified in the instrument.

(10) If an ordinary member is an eligible employee for the purposes of the Superannuation Act 1976, the Minister may, with the consent of the ordinary member, by signed instrument, retire the ordinary member from office on the ground of physical or mental incapacity on a date specified in the instrument.

(11) The date specified under subsection (9) or (10) shall not be earlier than the date on which the instrument is signed.

(12) A member shall not be suspended, removed or retired from office except as provided by this section.

SOCIAL SECURITY ACT 1947 - SECT 229
Disclosure of interests

SECT

229. (1) Where:
(a) a member who is, or is to be, a member of the Social Security Appeals Tribunal as constituted for the purposes of a review; and
(b) the member has or acquires any interest, pecuniary or otherwise, that could conflict with the proper performance of member's functions in relation to that review;
the following provisions have effect:
(c) the member shall disclose the interest to the applicant and to the Secretary;
(d) except with the consent of the applicant and the Secretary, the member shall not take part in the review or exercise any powers in relation to the review, by the Social Security Appeals Tribunal of the relevant decision.

(2) Where the National Convener becomes aware that:
(a) a member is, or is to be, a member of the Social Security Appeals Tribunal as constituted for the purposes of a review; and
(b) the member has, in relation to that review, an interest of the kind referred to in paragraph (1) (b) of this section;
the following provisions have effect:
(c) if the National Convener considers that the member should not take part, or should not continue to take part in the review-the National Convener shall give a direction to the member accordingly;
(d) in any other case-the National Convener shall cause the interest of the member to be disclosed to the applicant and to the Secretary.

SOCIAL SECURITY ACT 1947 - SECT 230
Disclosure of confidential information

SECT

230. (1) This section applies to a person who is or has been:
(a) a member of the Social Security Appeals Tribunal;
(b) a person acting as a member of the Tribunal;
(c) a member of the staff of the Tribunal; or
(d) a person (other than a member of the staff of the Tribunal) providing interpreting services at the hearing of a review by the Tribunal under Part XIX.

(2) This section applies to information or a document if the information or document concerns a person and is obtained by a person to whom this section applies in the course of performing functions or duties or exercising powers under this Act.

(3) A person to whom this section applies shall not:
(a) make a record of any information to which this section applies; or
(b) divulge or communicate to any person any information to which this section applies;
unless the record is made or the information is divulged or communicated:
(c) for the purposes of this Act; or
(d) for the purposes of, or in connection with, the performance of a function or duty or the exercise of a power under this Act.

(4) Subsection (3) applies to the divulging or communicating of information whether directly or indirectly.

(5) A person to whom this section applies shall not be required:
(a) to produce in a court any document to which this section applies; or
(b) to divulge or communicate to any court any information to which this section applies;
except where it is necessary to do so for the purpose of carrying into effect the provisions of this Act.

(6) For the purposes of this section, a person who is providing interpreting services at the hearing of a review by the Tribunal under Part XIX shall be taken to be performing a function under this Act.

(7) In this section:
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions;
"produce" includes permit access to.

SOCIAL SECURITY ACT 1947 - SECT 231
Delegation by the National Convener

SECT

231. The National Convener may by signed instrument delegate to a member of the Social Security Appeals Tribunal all or any of the powers and functions of the National Convener under this Act.

SOCIAL SECURITY ACT 1947 - SECT 232
Protection of members and witnesses

SECT

232. (1) A member has, in the performance of the member's duties as a member, the same protection and immunity as a member of the Administrative Appeals Tribunal.

(2) A person representing a party at a hearing of a review before the Social Security Appeals Tribunal has the same protection and immunity as a barrister has in appearing before the Administrative Appeals Tribunal on behalf of a party.

(3) A person appearing before the Social Security Appeals Tribunal as a witness has the same protection as a person appearing before the Administrative Appeals Tribunal as a witness.

SOCIAL SECURITY ACT 1947 - SECT 233
Fees for witnesses

SECT

233. (1) Where a person appears before the Social Security Appeals Tribunal as a witness at the request of the National Convener, the person is entitled to be paid, in respect of the person's attendance, fees and allowances ascertained in accordance with a determination under subsection (2).

(2) The Minister may determine the amounts of fees and allowances to be paid under subsection (1).

(3) A determination under subsection (2) shall be in writing and is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

(4) The fees and allowances referred to in subsection (1) shall be paid by the Commonwealth.

SOCIAL SECURITY ACT 1947 - SECT 234
Oath or affirmation of office

SECT

234. (1) A person who is appointed as a member, or to act as a member, shall not discharge the duties of the office unless the person has taken an oath, or made an affirmation, in accordance with the form of oath or affirmation in Schedule 4.

(2) The oath or affirmation shall be made before a justice of the peace or a commissioner for taking affidavits.

SOCIAL SECURITY ACT 1947 - SECT 235
Staff of the Social Security Appeals Tribunal

SECT

235. Any staff required to assist the Social Security Appeals Tribunal shall be persons appointed or employed under the Public Service Act 1922 and made available for the purpose by the Secretary.

SOCIAL SECURITY ACT 1947 - SECT 236
Annual report

SECT

236. (1) The National Convener shall, as soon as practicable after 30 June in each year prepare and give to the Minister a report of the operations of the Social Security Appeals Tribunal during that year.

(2) The Minister shall cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the receipt of the report after the Minister receives the report.

(3) The first report shall relate to the period commencing on the day on which this section comes into operation and ending on 30 June 1989.

SOCIAL SECURITY ACT 1947 - PART XXI
PART XXI-MISCELLANEOUS

SOCIAL SECURITY ACT 1947 - SECT 236A

SECT

236A.*3* * * * * *
*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 237
Special temporary allowance

SECT

237.*3* (1) In this section-
"pension" means-
(a) a pension under Part IV;
(b) a benefit under Part VI;
(c) an allowance under Part XIV or a rehabilitation allowance under Part
XVI; or
(d) a service pension, a wife's service pension or a carer's service
pension under Part III of the Veterans' Entitlements Act 1986;
and includes an allowance under section 31 or 143, a remote area allowance
under Part III and a remote area allowance under section 57 of the Veterans' Entitlements Act 1986;
"pensioner" means a person in receipt of-
(a) a pension under Part IV;
(b) a benefit under Part VI where the person is a person referred to in
paragraph (d) of the definition of "unmarried person" in sub-section 53 (1); or
(c) a service pension, a wife's service pension or a carer's service
pension under Part III of the Veterans' Entitlements Act 1986,
and includes a person who would, but for section 144, sub-section 150 (2) of this Act or paragraph 42 (1) (c) of the Veterans' Entitlements Act 1986, be eligible to receive a pension or benefit referred to in paragraph (a), (b) or (c);
"prescribed pensioner" means a person in receipt of a service pension, a wife's service pension or a carer's service pension under Part III of the Veterans' Entitlements Act 1986.

(2) Where-
(a) the spouse of a married person who is a pensioner (other than a prescribed pensioner) dies; and
(b) the spouse was, immediately before the death of the spouse, a pensioner, this section applies to the person during the period of 12 weeks commencing on the day after the date of death of the spouse.

(3) Subject to this section, during any period during which this section applies to a person-
(a) the amount per fortnight of pension (if any) under this Act that would have been payable to the person if the person's spouse had not died continues to be payable to the person; and
(b) a special temporary allowance of an amount equal to the amount (if any) per fortnight of pension that would have been payable to the person's spouse if the spouse had not died is payable to the person.

(4) For the purposes of sub-section (3), the amount of pension that would have been payable to a person or to the person's spouse shall be calculated as if the person and the person's spouse were living together.

(5) During any period during which this section applies to a person, the person is not entitled to receive a widow's pension under Part V, or a supporting parent's benefit under Part VI where the person was not qualified to receive that benefit before the death of the person's spouse.

(6) Where the sum of the amounts per fortnight payable to a person in accordance with sub-section (3) is less than the amount per fortnight (in this sub-section referred to as the "relevant amount") of pension that would, if this section did not apply to the person, be payable to the person, the amount per fortnight of the allowance referred to in paragraph (3) (b) is increased so that the sum of the amounts per fortnight payable to the person in accordance with sub-section (3) is equal to the relevant amount. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 237A

SECT

237A.*3* * * * * *
*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 238
Appropriation

SECT

238. Payments of pensions, benefits and allowances under this Act shall be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

SOCIAL SECURITY ACT 1947 - SECT 239
Offences

SECT

239. (1) A person shall not-
(a) knowingly or recklessly make, whether orally or in writing, a false or misleading statement-
(i) in connexion with, or in support of, a request under section 5 or 7
or a claim, whether for himself or for any other person;
(ii) to deceive an officer doing duty in relation to this Act; or
(iii) to affect the rate of a pension, allowance or benefit payable under
this Act;
(b) knowingly obtain payment of a pension, allowance or benefit under this Act, or of an instalment of such a pension, allowance or benefit, which is not payable or part of which is not payable;
(c) obtain payment of a pension, allowance or benefit under this Act, or of an instalment of such a pension, allowance or benefit, by means of a false or misleading statement knowingly or recklessly made or by means of impersonation or a fraudulent device; or
(d) knowingly or recklessly make or present to an officer a statement or document which is false in any particular.

(2) An offence against sub-section (1) is an offence punishable on summary conviction by a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months or both.

(3) Charges against the same person for any number of offences against sub-section (1) may be joined in one complaint, information or declaration if those charges are founded on the same facts or form, or are part of, a series of offences of the same or a similar character.

(4) Where 2 or more such charges are included in the same complaint, information or declaration, particulars of each offence charged shall be set out in a separate paragraph.

(5) All charges so joined shall be tried together unless the Court deems it just that any charge should be tried separately and makes an order to that effect.

(6) If a person is convicted of more than one offence against sub-section (1), the Court may, if it thinks fit, inflict one penalty in respect of all offences of which he has been convicted, but that penalty shall not exceed the sum of the maximum penalties that could be inflicted if penalties were imposed for each offence separately.

(7) Where a person is convicted of an offence against sub-section (1), the Court may, in addition to imposing a penalty in respect of the offence, order him to pay to the Commonwealth an amount equal to any amount paid by way of pension, allowance or benefit in consequence of the act, failure or omission in respect of which he was convicted.

(8) For the purposes of sub-section (7), a certificate, under the hand of the Secretary, that an amount specified in the certificate is the amount that has been paid to a person specified in the certificate by way of pension, allowance or benefit in consequence of an act, failure or omission specified in the certificate is evidence of the matters specified in the certificate.

SOCIAL SECURITY ACT 1947 - SECT 240
Indictable offences

SECT

240. (1) An offence against sub-section 19 (2), 195 (2) and 230 (3) is an indictable offence and, subject to sub-section (3), is punishable on conviction by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years or both.

(2) Notwithstanding that an offence referred to in sub-section (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.

(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence referred to in sub-section (1), the penalty that the court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months or both.

SOCIAL SECURITY ACT 1947 - SECT 241
Proceedings against corporations

SECT

241. (1) Where, in proceedings for an offence against this Act in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

(2) Any conduct engaged in on behalf of a corporation:
(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent; shall be deemed, for the purposes of this Act to have been engaged in by the corporation.

(3) A reference in subsection (1) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.

SOCIAL SECURITY ACT 1947 - SECT 242
New Enterprise Incentive Scheme-effect where spouse of recipient is not in
receipt of wife's pension or carer's pension

SECT

242.*3* (1) This section applies to a person in respect of a pension period if-
(a) the person is entitled to receive, during that pension period, a payment being-
(i) an instalment of a pension under Part IV or an instalment of a
pension under Part IV and of an allowance under section 31;
(ii) an instalment of a pension under Part V;
(iii) an instalment of a benefit under Part VI;
(iv) a payment of a benefit under Part XIII; or
(v) a payment of an allowance under Part XIV or XVI;
(b) the person is entitled to receive, during that pension period, a payment under the scheme known as the New Enterprise Incentive Scheme; and
(c) in a case where the person is a married person, the spouse of the person is not entitled to receive, during that period, an instalment of a wife's pension or an instalment of a carer's pension in respect of the person.

(2) Where this section applies to a person in respect of a pension period, then-
(a) in a case where the amount that, but for this sub-section, would be the amount of the payment referred to in paragraph (1) (a) that the person is entitled to receive during that period (in this sub-section referred to as the "first payment") is higher than the amount of the payment referred to in paragraph (1) (b) that the person is entitled to receive during that period (in this sub-section referred to as the "second payment")-the amount of the first payment shall be reduced by deducting the amount of the second payment; or
(b) in any other case-the amount of the first payment shall be reduced to nil.

(3) In this section, "pension period" means a period commencing immediately after a pension pay-day and ending at the expiration of the next succeeding pension pay-day. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 243
Payments received under the New Enterprise Incentive Scheme-effect where
spouse
of recipient is in receipt of wife's pension or carer's pension

SECT

243. (1) This section applies to a husband and the wife of that husband in respect of a pension period if-
(a) the husband is entitled to receive, during that pension period-
(i) a payment being-
(A) an instalment of a pension under Part IV; or
(B) an instalment of an allowance under Part XVI; and
(ii) a payment under the scheme known as the New Enterprise Incentive
Scheme; and
(b) the wife is entitled to receive, during that pension period, a payment being an instalment of a wife's pension or an instalment of a carer's pension in respect of the person's spouse.

(2) This section applies to a wife and the husband of that wife in respect of a pension period by virtue of this sub-section if-
(a) the wife is entitled to receive, during that period-
(i) a payment being-
(A) an instalment of a pension under Part IV; or
(B) an instalment of an allowance under Part XVI; and
(ii) a payment under the scheme known as the New Enterprise Incentive
Scheme; and
(b) the husband is entitled to receive during that period an instalment of a carer's pension.

(3) Where, by virtue of sub-section (1), this section applies to a husband in respect of a pension period, then-
(a) in a case where the amount that, but for this sub-section, would be the amount of the payment referred to in sub-paragraph (1) (a) (i) that the husband is entitled to receive during that period (in this sub-section referred to as the "first payment") is higher than the amount that is one-half of the amount of the payment referred to in sub-paragraph (1) (a) (ii) that the husband is entitled to receive during that period (in this sub-section referred to as the "second payment")-the amount of the first payment shall be reduced by deducting the amount that is one-half of the amount of the second payment; or
(b) in any other case-the first payment shall be reduced to nil.

(4) Where, by virtue of sub-section (1), this section applies to the wife of a husband in respect of a pension period, then-
(a) in a case where the amount that, but for this sub-section, would be the amount of the payment referred to in paragraph (1) (b) that the wife is entitled to receive during that period (in this sub-section referred to as the "first payment") is higher than the amount that is one-half of the amount of the payment referred to in sub-paragraph (1) (a) (ii) that the husband is entitled to receive during that period (in this sub-section referred to as the "second payment")-the amount of the first payment shall be reduced by deducting the amount that is one-half of the amount of the second payment; or
(b) in any other case-the first payment shall be reduced to nil.

(5) Where, by virtue of sub-section (2), this section applies to a wife in respect of a pension period, then-
(a) in a case where the amount that, but for this sub-section, would be the amount of the payment referred to in sub-paragraph (2) (a) (i) that the wife is entitled to receive during that period (in this sub-section referred to as the "first payment") is higher than the amount that is one-half of the amount of the payment referred to in sub-paragraph (2) (a) (ii) that the wife is entitled to receive during that period (in this sub-section referred to as the "second payment")-the amount of the first payment shall be reduced by deducting the amount that is one-half of the amount of the second payment; or
(b) in any other case-the first payment shall be reduced to nil.

(6) Where, by virtue of sub-section (2), this section applies to a husband of a wife in respect of a pension period, then-
(a) in a case where the amount that, but for this sub-section, would be the amount of the payment referred to in paragraph (2) (b) that the husband is entitled to receive during that period (in this sub-section referred to as the "first payment") is higher than the amount that is one-half of the amount of the payment referred to in sub-paragraph (2) (a) (ii) that the wife is entitled to receive during that period (in this sub-section referred to as the "second payment")-the amount of the first payment shall be reduced by deducting the amount that is one-half of the amount of the second payment; or
(b) in any other case-the first payment shall be reduced to nil.

(7) In this section, "pension period" has the same meaning as in section 242.

SOCIAL SECURITY ACT 1947 - SECT 244
Payments received under the New Enterprise Incentive Scheme-effect where
spouse
of recipient is in receipt of a particular benefit or allowance

SECT

244. (1) This section applies to a person in respect of a pension period by virtue of this sub-section if-
(a) the person is entitled to receive, during that pension period, a payment of a benefit under Part XIII;
(b) the person is a married person for the purposes of that Part;
(c) the person who is the spouse of the person for the purposes of that Part is entitled to receive, during that pension period, a payment under the scheme known as the New Enterprise Incentive Scheme; and
(d) the amount of the payment referred to in paragraph (a) includes an amount of increase under sub-section 118 (2).

(2) This section applies to a person in respect of a pension period by virtue of this sub-section if-
(a) the person is entitled to receive, during that pension period, a payment of a sheltered employment allowance under Part XIV or a rehabilitation allowance under Part XVI;
(b) the person is a married person;
(c) the person who is the spouse of that person is entitled to receive, during that pension period, a payment under the scheme known as the New Enterprise Incentive Scheme; and
(d) the amount of the payment referred to in paragraph (a) includes-
(i) if the payment is a payment of a sheltered employment allowance under Part XIV-an amount in accordance with paragraph 142 (b); or
(ii) if the payment is a payment of a rehabilitation allowance under Part
XVI-an amount in accordance with subparagraph 151 (1) (b) (ii).

(3) Where this section applies to a person in respect of a pension period by virtue of sub-section (1), there shall be deducted from the amount of the payment referred to in paragraph (1) (a) that the person is entitled to receive during that period an amount equal to the lesser of-
(a) the amount of the payment referred to in paragraph (1) (c) that the person is entitled to receive during that period; and
(b) the amount referred to in paragraph (1) (d) that is included in the amount of the payment referred to in paragraph (1) (a) that the person is entitled to receive during that period.

(4) Where this section applies to a person in respect of a pension period by virtue of sub-section (2), there shall be deducted from the amount of the payment referred to in paragraph (2) (a) that the person is entitled to receive during that period an amount equal to the lesser of-
(a) the amount of the payment referred to in paragraph (2) (c) that the person is entitled to receive during that period; and
(b) the amount referred to in paragraph (2) (d) that is included in the amount of the payment referred to in paragraph (2) (a) that the person is entitled to receive during that period.

(5) In this section, "pension period" has the same meaning as in section 242.

SOCIAL SECURITY ACT 1947 - SECT 245
Rates of certain pensions affected where certain education payments
are made

SECT

245.*3* (1) Where, immediately before 1 January 1987, a person:
(a) was receiving a prescribed pension (other than a benefit under Part XIII or a pension under the Veterans' Entitlements Act 1986); and
(b) was a person to whom or in respect of whom payments were being made under:
(i) the Tertiary Education Assistance Scheme;
(ii) the Adult Secondary Education Assistance Scheme; or
(iii) the Secondary Allowance Scheme;
and, on or after 1 January 1987, the person becomes eligible to receive payments under the AUSTUDY scheme, the rate of that pension, on or after becoming so eligible and while the person continues to be eligible to receive payments under the AUSTUDY scheme, shall be at the rate at which it was payable immediately before 1 January 1987 or, if the person was receiving such a pension immediately before 21 October 1986 at a higher rate, at that higher rate.

(2) Where:
(a) a person was receiving a widow's pension or a supporting parent's benefit immediately before 1 September 1987;
(b) the person was, on that day, eligible to receive payments under the AUSTUDY scheme in respect of a full time course of education that the person had commenced before that day;
(c) the person has a dependent child; and
(d) apart from this subsection, the person would not be qualified to receive that pension or benefit at a time on or after that day because the child had attained the age of 16 years;
the person's qualification to receive that pension or benefit shall, while the person continues to be eligible to receive payments under the AUSTUDY scheme in respect of that full time course of education, continue as if the child had not attained that age.

(3) Where:
(a) immediately before 1 January 1988, a person:
(i) was receiving a prescribed pension (other than a benefit under Part
XIII or a pension under the Veterans' Entitlements Act 1986);
(ii) was eligible to receive payments under the Aboriginal Study
Assistance Scheme; and
(iii) was a person to whom or in respect of whom payments were being made
under the Aboriginal Study Assistance Scheme; and
(b) the person continues to be eligible to receive payments under the Aboriginal Study Assistance Scheme on or after 1 January 1988;
the rate of that pension, while the person continues to be eligible to receive payments under the Aboriginal Study Assistance Scheme, shall not exceed the rate at which it was payable immediately before the commencement of section 1 of the Social Security Amendment Act 1988. *3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SECT 246
Recovery of overpayments

SECT

246. (1) Where, in consequence of a false statement or representation, or in consequence of a failure or omission to comply with any provision of this Act, an amount has been paid by way of pension, allowance or benefit under this Act which would not have been paid but for the false statement or representation, failure or omission, the amount so paid is a debt due to the Commonwealth.

(2) Notwithstanding anything contained in this Act, where-
(a) an amount has been paid by way of pension, benefit or allowance under this Act that should not have been paid;
(b) an amount has been paid by way of pension or allowance under the Veterans' Entitlements Act 1986 or the Seamen's War Pensions and Allowances Act 1940 that should not have been paid;
(c) an amount has been paid to a person under a prescribed educational scheme that should not have been paid; or
(d) on or after 12 August 1988, an amount has been paid to a person under a program included in the programs known as Labour Force Programs that should not have been paid;
and the person to whom that amount was paid is receiving, or is entitled to receive, a pension, benefit or allowance under this Act (other than a funeral benefit under Part VIII), that amount (including any amount payable by the person under subsection (3)) shall, unless the Secretary takes action under sub-section 251 (1) in relation to that amount, be deducted from that last-mentioned pension, benefit or allowance by reducing each payment of that pension, benefit or allowance by a proportion of that pension, benefit or allowance, being a proportion decided by the Secretary in each particular case, until the sum of the amounts by which the payments are reduced equals that amount.

(2A) In spite of anything contained in this Act, where:
(a) a person owes an assurance of support debt; and
(b) the person is receiving, or is entitled to receive, a pension, benefit or allowance under this Act (other than a funeral benefit under Part VIII);
the amount of that debt (including any amount payable by the person under subsection (3)) shall, unless the Secretary takes action under subsection 251 (1) in relation to the debt, be deducted from the pension, benefit or allowance by reducing each payment of the pension, benefit or allowance by a proportion of that pension, benefit or allowance, being a proportion decided by the Secretary in each particular case, until the sum of the amounts by which the payments are reduced equals the amount of the debt.

(3) Where:
(a) a person:
(i) is, on or after 1 September 1987, indebted to the Commonwealth under
subsection (1); or
(ii) owes an assurance of support debt;
(b) the amount of the debt exceeds $50; and
(c) the debt is not discharged within 3 months after the person has been given a notice advising the person of the amount of the debt for the purposes of this subsection;
the person becomes liable to pay to the Commonwealth an additional amount (not exceeding $515) calculated by adding $15 and 10% of so much of the amount of the debt as remains due at the end of that period of 3= months.

(5) In sub-section (2), "prescribed educational scheme" has the same meaning as in section 136.

SOCIAL SECURITY ACT 1947 - SECT 247
Extra-territorial operation of certain provisions

SECT

247. (1) Sections 163, 166 and 246 extend-
(a) to acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
(b) to all persons, irrespective of their nationality or citizenship.
(2) Sections 164 and 239 extend-
(a) to acts, omissions, matters and things outside Australia, whether or not in a foreign country; and
(b) to all persons, irrespective of their nationality or citizenship, who are making, or have made, a claim or who are receiving, or have received, a pension, benefit or allowance under this Act.

SOCIAL SECURITY ACT 1947 - SECT 248
Evidence

SECT

248. (1) All courts shall take judicial notice of the signature of any person who holds or has held the office of Secretary, Director-General of Social Security or Director-General of Social Services or who is or was an officer, and of the fact that that person holds or has held that office or is or was an officer, as the case may be, if the signature purports to be attached or appended to any official document and any such document purporting to be so signed shall be received in all courts as prima facie evidence of the facts and statements contained therein.

(2) A statement in writing signed by a person referred to in sub-section (1) that a person is, or was on a certain date, in receipt of a pension, allowance or benefit under this Act at a certain rate shall be received in all courts as prima facie evidence that the last-mentioned person is, or was on that date, in receipt of such a pension, allowance or benefit and of the rate thereof.

SOCIAL SECURITY ACT 1947 - SECT 249
Benefits to be absolutely inalienable

SECT

249. (1) Subject to this Act, a pension, allowance or benefit under this Act shall be absolutely inalienable, whether by way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or otherwise.

(2) Notwithstanding sub-section (1), the Secretary may, at the request of a pensioner and shall, in accordance with section 218 of the Income Tax Assessment Act 1936, make deductions from the instalments or payments of the pension payable to the pensioner, and pay the amounts so deducted to the Commissioner of Taxation, for the purpose of enabling the collection of tax that is, or may become, payable by the pensioner.

(3) In sub-section (2), "pension" includes an allowance or benefit, and "pensioner" has a corresponding meaning.

SOCIAL SECURITY ACT 1947 - SECT 250
Payments of pension etc. and war pension

SECT

250. (1) Where-
(a) an amount of pension, benefit or allowance under this Act is paid to a person in respect of a period;
(b) after that payment was made, a war pension, or a war pension at an increased rate, becomes payable to the person or to the person's spouse in respect of that period; and
(c) the whole or a part of the amount of the pension, benefit or allowance paid to the person in respect of that period would not have been payable if, during that period, the person or the person's spouse had been in receipt of the war pension, or the war pension at the increased rate, as the case may be, the amount referred to in paragraph (c) shall be deemed not to have been payable to the person.

(2) Where sub-section (1) applies in relation to a person, the Secretary may give a certificate in writing specifying the amount of the pension, benefit or allowance that is deemed not to have been payable to the person and a certificate so given is, in any proceedings in relation to that amount, evidence of the matter specified in it.

(3) In this section, "war pension" means a pension payable under Part II or IV of the Veterans' Entitlements Act 1986 or under the Seamen's War Pensions and Allowances Act 1940 or an allowance (not being an allowance for an attendant) payable under either of those Acts.

SOCIAL SECURITY ACT 1947 - SECT 251
Write off, waiver etc.

SECT

251.*12* (1) The Secretary may, on behalf of the Commonwealth,
decide to-
(a) write off debts arising under or as a result of this Act, or debts arising under or as a result of this Act that are included in a class of debts specified by the Minister by notice in writing published in the Gazette;
(b) waive the right of the Commonwealth-
(i) to recover from a person the whole or a part of a debt that is payable by the person under or as a result of this Act; or
(ii) to recover debts under or as a result of this Act included in a class
of debts specified by the Minister by notice in writing published in the Gazette; or
(c) allow an amount that is payable by a person to the Commonwealth under or as a result of this Act to be paid in instalments.

(1A) In exercising the power under subsection (1) to waive the right of the Commonwealth to recover the whole or a part of a debt that is not referred to in subparagraph (1) (b) (ii), the Secretary shall act in accordance with directions from time to time in force under subsection (1B).

(1B) The Minister, by determination in writing:
(a) may give directions relating to the exercise of the Secretary's power under subsection (1) to waive the right of the Commonwealth to recover debts or parts of debts; and
(b) may revoke or vary those directions.

(1C) The Minister shall cause a copy of a determination under subsection (1B) setting, revoking or varying directions to be laid before each House of the Parliament within 15 sitting days of that House after the making of the determination.

(2) Subject to sub-section (3), proceedings for the recovery from a person of any amount that is payable by the person to the Commonwealth under or as a result of this Act shall not be commenced after the end of the period of 6 years commencing on the day on which that amount became payable.

(3) Where an amount becomes payable by a person to the Commonwealth under or as a result of this Act because of-
(a) a false statement or representation made by any person; or
(b) a failure or omission by any person to comply with a provision of this Act,
proceedings for the recovery of that amount may be commenced at a time within the period of 6 years commencing on the day on which an officer becomes aware that the statement or representation was false or that the person had not complied with that provision, as the case may be.

(4) A reference in subsection (1) to a debt, or to an amount, arising or payable under or as a result of this Act includes a reference to:
(a) a debt or an amount payable to the Commonwealth because of subsection 42 (1) of the Veterans' Entitlements Act 1986; and
(b) an assurance of support debt.

(5) A determination made under sub-section (1) takes effect-
(a) on the day specified in the determination, being the day on which the determination was made or any other day before or after that day; or
(b) if no day is so specified, on the day on which the determination was made. *12*S. 251-A notice has been published in the Gazette (No. S63 of 20 February 1986) for the purposes of sub-paragraph 251 (1) (b) (ii), as follows:
COMMONWEALTH OF AUSTRALIA
Social Security Act 1947
NOTICE UNDER SUB-PARAGRAPH 146 (1) (b) (ii)
I, BRIAN LESLIE HOWE, Minister of State for Social Security, specify the classes of debts contained in the Schedule as classes of debts for the purposes of sub-paragraph 146 (1) (b) (ii) of the Social Security Act 1947 (the Act).
---------------- SCHEDULE
(1) A debt which is, or is likely to be, less than $50, not being-
(a) a debt due by a person in respect of the payment of unemployment benefit which could be deducted under sub-section 140 (2) of the Act from an instalment of unemployment benefit payable to the person; or
(b) a debt due by a person in respect of the payment of a family allowance, a handicapped child's allowance or a double orphan's pension which could be deducted under sub-section 140 (2) of the Act from an amount of family allowance, handicapped child's allowance or double orphan's pension, or from a combination of any of those amounts, payable to the person in respect of not more than three family allowance periods.
(2) A debt due by a person whose annual rate of pension, benefit or allowance is calculated under or by reference to paragraph 28 (2) (b), 32 (2) (b) or 63 (2) (b) of the Act where-
(a) the debt arose because the person or, if the person is a married person, the person's spouse, underestimated in good faith the value of particular property of the person or the person's spouse; and
(b) the value of that particular property was not readily ascertainable.
(3) A debt in respect of the interest on a judgment debt arising out of legal proceedings to recover a debt under or as a result of the Act.
Dated this 14th day of February 1986.
BRIAN HOWE Minister of State for Social Security In pursuance of subsection 50 (10) of the Social Security Amendment Act 1987 and subsection 10 (5) of the Social Security (Review of Decisions) Act 1988 the references to subparagraph 146 (1) (b) (ii) should be construed as references to the renumbered provision.

SOCIAL SECURITY ACT 1947 - SECT 252
Annual report

SECT

252. (1) The Secretary shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the administration and operation of this Act during the year that ended on that 30 June.
(2) The Minister shall cause a copy of a report furnished to him under sub-section (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which he receives the report.

SOCIAL SECURITY ACT 1947 - SECT 253
Regulations

SECT

253. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are by this Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing penalties not exceeding a fine of $500 for any breach of the regulations.

SOCIAL SECURITY ACT 1947 - SCHEDULE 1A

SCH

SCHEDULE 1A
Section 234 OATH
I, , swear that I will faithfully and impartially perform the duties of the
office of National Convener (or senior member or member) of the Social Security
Appeals Tribunal without fear or favour, affection or ill-will. So help me, God.

AFFIRMATION
I, , solemnly and sincerely promise and declare that I will faithfully and
impartially perform the duties of the office of National Convener (or senior
member or member) of the Social Security Appeals Tribunal without fear or
favour, affection or ill-will.

SOCIAL SECURITY ACT 1947 - SCHEDULE 1B

SCH

SCHEDULE 1B*3*
* * * * * *
*3* Sections 3, 5-8, 10, 12, 21, 22, 33-35, Part V (sections 43-52), Part VI (sections 53-58), sections 58A, 58B, 59, 60A, 60B, 61, 66, 68, 73, 83, 116, 116A, 117, 121A, 125, 129, 136, 141, 144, 149, 158-160, 163, 167, 169, 236A, 237, 237A, 242, 245 and Schedule 1B of the Social Security Act 1947 are amended by sections 3 (10), (13), 4 (2)-(6), 6 (d), 9, 11-13, 23, 40, 46, 48, 49 (a)-(c), (e), 51, 54, 55, 58, 60 and Schedules 1 and 3 of the Social Security Legislation Amendment Act 1988, subsection 2 (1) of which provides as follows:
"(1) Subject to this section, each provision of this Act commences, or
shall be taken to have commenced, as the case requires, on the day shown by the note in italics at the foot of that provision."
The amendments are not incorporated in this reprint. They are set out below
under the heading "EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988".

SOCIAL SECURITY ACT 1947 - SCHEDULE 1

SCH

SCHEDULE 1
Section 65 PART A
AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE COMMONWEALTH OF
AUSTRALIA
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Australia,
Being resolved to co-operate in the social field,
Desiring to make arrangements enabling persons who go from one country to the
other to receive social security benefits for age, widowhood, invalidity,
sickness, unemployment and family responsibilities, as far as possible at the
same rates and under the same conditions as persons who have been resident in
the latter country,
Have agreed as follows:
PART I-Definitions and General Provisions
ARTICLE 1
Definitions
For the purposes of this Agreement, unless the context otherwise requires-
(a) "age pension", "invalid pension", "wife's allowance" and "child's
allowance" have the same meaning as in the legislation of Australia;
(b) "benefit" means pension, allowance or benefit payable under the
legislation of one (or the other) country and includes any increase payable for
a dependant;
(c) "child" means, in relation to any person, a child, as defined in the
legislation which is being applied, who would be treated under that legislation
as being a child of that person or included in his family;
(d) "competent authority" means, in relation to the United Kingdom, the
Minister of Pensions and National Insurance, the Ministry of Labour and National Insurance for Northern Ireland or the Isle of Man Board of Social Services, as
the case may require, and, in relation to Australia, the Director-General of
Social Services;
(e) "country" means, according to the context, the United Kingdom or
Australia;
(f) "family benefit" means, in relation to the United Kingdom, a family
allowance payable under the legislation of the United Kingdom, and in relation
to Australia, child endowment payable under the legislation of Australia;
(g) "former Agreement" means the Agreement on Social Security signed in
London on the 8th June, 1953, on behalf of the Contracting Parties;
(h) "full standard rate" means, in relation to any benefit payable under
the legislation of the United Kingdom, the rate at which the beneficiary would
be qualified to receive that benefit if the relevant contribution conditions
were fully satisfied;
(i) "guardian's allowance", "widow's allowance", "widowed mother's
allowance" and "widow's basic pension" have the same meaning as in the
legislation of the United Kingdom;
(j) "legislation" means, according to the context, the laws, orders and
regulations specified in Article 2 which are or have been or may hereafter be in force in any part of one (or the other) country;
(k) "means test" means any provision of the legislation of Australia which
affects the payment or rate of a benefit on account of income or property;
(l) "pension age" means, in relation to any person, the age at which that
person is treated as reaching pensionable age under the legislation of the
United Kingdom;
(m) "qualified to receive" means, in relation to the United Kingdom,
entitled to receive subject to any disqualification or any provision about
giving notice, claiming, earnings, hospital treatment or overlapping benefits
which may be appropriate and, in relation to Australia, qualified to receive
after taking into account any means test which may be appropriate;
(n) "retirement pension" has the same meaning as in the legislation of the
United Kingdom and includes a contributory old age pension payable under that
legislation;
(o) "United Kingdom" means England, Scotland, Wales, Northern Ireland and
the Isle of Man;
(p) "widow's benefit" means, in relation to the United Kingdom, a widow's
allowance, widowed mother's allowance or widow's pension payable under the
legislation of that country or a widow's basic pension so payable to a woman who became a widow before the 5th July, 1948;
(q) "widow's pension", in relation to the United Kingdom, means a widow's
pension payable under the legislation of the United Kingdom other than a widow's basic pension, and, in relation to Australia, has the same meaning as in the
legislation of Australia.

ARTICLE 2
Legislation
(1) The provisions of this Agreement shall apply-
(a) in relation to the United Kingdom-
(i) to the National Insurance Act, 1946, the National Insurance Act
(Northern Ireland), 1946, the National Insurance (Isle of Man) Act, 1948, and
the legislation in force before the 5th July, 1948, which was replaced by those
Acts; and
(ii) to the Family Allowances Act, 1945, and the Family Allowances (Isle
of Man) Act, 1946; and
(b) in relation to Australia, to the Social Services Act 1947-1957.

(2) Subject to the provisions of paragraph (4) of this Article, this Agreement shall apply also to laws, orders and regulations which carry into effect, amend, supplement or consolidate the legislation specified in paragraph (1) of this
Article.

(3) This Agreement shall apply to laws, orders and regulations which amend or
supplement the legislation specified in paragraph (1) or (2) of this Article for the purpose of giving effect to it or to any agreement on social security which
any two of the competent authorities of the United Kingdom have made with one
another.

(4) Subject to the provisions of paragraph (2) of Article 32, this Agreement
shall apply, only if the Contracting Parties so agree, to laws, orders and
regulations which amend or supplement the legislation specified in paragraph (1) or (2) of this Article for the purpose of giving effect to any other reciprocal
agreement on social security which one (or the other) Party has made with the
Government of a third country or which any of the competent authorities of the
United Kingdom has made with the authority administering any scheme of social
security in a third country.

PART II-Retirement Pensions and Age Pensions
ARTICLE 3
United Kingdom retirement pensions by virtue of residence in Australia
(1) For the purposes of any claim to receive a retirement pension, a person
who is permanently resident in the United Kingdom shall be treated as if he, or, in the case of a claim made by a married woman or a widow by virtue of her
husband's insurance, her husband, had paid contributions under the legislation
of the United Kingdom for any period during which he was resident in Australia,
and for any period during which he was proceeding from either country to the
other if he arrived in the latter country within thirteen weeks after leaving
the former country.

(2) Where the person claiming a retirement pension is a married woman claiming by virtue of her own insurance, the provisions of paragraph (1) of this Article
shall not apply to her unless-
(a) she has paid one hundred and fifty-six contributions under the
legislation of the United Kingdom (other than contributions which would not be
taken into account for the purposes of any claim to receive a benefit under that legislation) for any period after the date of her marriage and before the date
when she reaches pension age; or
(b) at the time when she was last in Australia, she was being treated as a
widow for the purposes of her right to receive a widow's pension under the
legislation of Australia, or would have been so treated but for her earnings.

(3) Where the person claiming a retirement pension is a widow claiming by
virtue of her own insurance and she has chosen to have her husband's
contributions taken into account, the provisions of paragraph (1) shall apply
both to her husband and to herself.

(4) Where a person who is permanently resident in the United Kingdom was
receiving an age pension, otherwise than by virtue of this Agreement or the
former Agreement, at the time when he was last in Australia, and was over
pension age at that time, he shall, if he is not qualified by virtue of
paragraphs (1), (2) and (3) of this Article to receive a retirement pension at
the full standard rate, be treated as if he satisfied the contribution
conditions for such a pension:
Provided that a married woman who does not satisfy either of the conditions
specified in paragraph (2) of this Article shall be treated for the purposes of
this paragraph as if her husband and not she satisfied the said contribution
conditions.

(5) Subject to the provisions of Article 21, any pension which is awarded by
virtue of this Article shall cease to be payable if the pensioner ceases to be
permanently resident in the United Kingdom.

ARTICLE 4
Australian age pensioner deemed to have retired
For the purposes of any claim to receive a retirement pension, a person shall
be deemed to have retired from regular employment if, at any time within the
four months before his arrival in the United Kingdom, he was receiving an age
pension.

ARTICLE 5
United Kingdom contributions payable after pension age
For the purposes of those provisions of the legislation of the United Kingdom
which concern the payment of contributions for any period after the insured
person has reached pension age and the increase of the weekly rate of retirement pension by virtue of those contributions, a person who was resident in Australia for any period shall be treated as if he had become an insured person at the
beginning of that period.

ARTICLE 6
Restoration of retirement pension rights
A person who at any time before the 7th January, 1954, chose not to qualify
for a retirement pension but to have a refund of part of the contributions which he had paid under the legislation of the United Kingdom may, if he was resident
in Australia for any period before or after that time, cancel that choice by
giving notice to the competent authority of the United Kingdom and repaying the
sum which he received by way of refund of contributions.

ARTICLE 7
United Kingdom retirement pensions in Australia
(1) Where a person would be qualified to receive a retirement pension,
otherwise than by virtue of this Agreement or the former Agreement, if he were
in the United Kingdom, he shall be qualified to receive that pension while he is in Australia.

(2) This Article shall have effect subject to the provisions of Article 24.

ARTICLE 8
Australian age pensions by virtue of residence in the United Kingdom
(1) For the purposes of any claim to receive an age pension, a person who is
permanently resident in Australia shall be treated at if he had been resident
there during any period-
(a) during which he was resident in the United Kingdom; or
(b) during which he was proceeding from the United Kingdom to Australia, if
he arrived in Australia within thirteen weeks after leaving the United Kingdom.

(2) This Article shall have effect subject to the provisions of Article 25.

PART III-Widows' Benefits and Widows' Pensions
ARTICLE 9
United Kingdom widows' benefits by virtue of residence in Australia
(1) For the purposes of any claim to receive a widow's benefit under the
legislation of the United Kingdom, a widow who is permanently resident in the
United Kingdom shall be treated as if her husband had paid contributions under
that legislation for any period during which he was resident in Australia, and
for any period during which he was proceeding from either country to the other
if he arrived in the latter country within thirteen weeks after leaving the
former country.

(2) Where a widow who is permanently resident in the United Kingdom was
receiving a widow's pension under the legislation of Australia, otherwise than
by virtue of this Agreement or the former Agreement, at the time when she was
last in that country, and is not qualified by virtue of paragraph (1) of this
Article to receive a widowed mother's allowance or widow's pension at the full
standard rate under the legislation of the United Kingdom, she shall be
qualified to receive at the full standard rate-
(a) a widowed mother's allowance if she has a child in her family or if she
has residing with her a person under the age of eighteen years and the widow's
pension which she was receiving at the time when she was last in Australia was
being paid to her on the basis that she had the custody, care and control of
that child or of that person; or
(b) a widow's pension or retirement pension, as the case may require, if she
is not qualified to receive a widowed mother's allowance but had reached the age of fifty years either before she has left Australia or when she ceased to be
qualified to receive a widowed mother's allowance.

(3) Subject to the provisions of Article 21, any widow's benefit which is
awarded by virtue of this Article shall cease to be payable if the widow ceases
to be permanently resident in the United Kingdom.

ARTICLE 10
United Kingdom widow or widow's child in Australia
(1) Where a woman would be qualified to receive a widow's benefit under the
legislation of the United Kingdom, otherwise than by virtue of this Agreement or the former Agreement, if she were in the United Kingdom, she shall be qualified
to receive that benefit while she is in Australia.

(2) Where a woman would be qualified under the legislation of the United
Kingdom, otherwise than by virtue of this Agreement or the former Agreement, to
receive a widowed mother's allowance, including an allowance for a child, if her child were in the United Kingdom, she shall be qualified to receive that
allowance for any period-
(a) during which the child is in Australia; or
(b) during which the child is proceeding from one country to the other, if he arrives in the latter country within thirteen weeks after leaving the former
country.

(3) This Article shall have effect subject to the provisions of Article 24.

ARTICLE 11
Australian widows' pensions by virtue of residence in the United Kingdom
(1) For the purposes of any claim to receive a widow's pension under the
legislation of Australia, a woman who is permanently resident in that country
shall be treated as if she had been resident in Australia during any period-
(a) during which she was resident in the United Kingdom;
(b) during which she was absent from the United Kingdom, if her husband paid
contributions or had contributions credited to him for that period under the
legislation of the United Kingdom; or
(c) during which she was proceeding from the United Kingdom to Australia, if
she arrived in Australia within thirteen weeks after leaving the United Kingdom.

(2) This Article shall have effect subject to the provisions of Article 25.

PART IV-Family Allowances, Guardians' Allowances and Child Endowment
ARTICLE 12
Family benefit paid in one country by virtue of residence in the other
(1) If a person is in the United Kingdom but is treated, otherwise than by
virtue of this Agreement, for the purposes of the legislation of Australia as
being in Australia, he shall be qualified to receive family benefit for a child
in accordance with the provisions of that legislation; and no family benefit for that child shall be paid under the legislation of the United Kingdom.

(2) Subject to the provisions of paragraph (1) of this Article-
(a) if a person who has claimed family benefit under the legislation of one
country or the child for whom family benefit has been so claimed is permanently
resident in that country, then, for the purposes of any right to receive that
benefit, any period during which he was resident or present in the other country shall be treated as a period during which he was, respectively, resident or
present in the former country and, if he was born in the latter country, he
shall be treated as if he had been born in the former country; and
(b) if a person who has claimed family benefit under the legislation of one
country is temporarily absent from that country, he shall, for the purposes of
any right to receive that benefit, be treated during any period during which he
is in the other country as if he were in the former country, provided that the
said period begins within thirteen weeks after the time when he was last in the
former country; but he shall be qualified to receive only the amount of family
benefit which he would have received under the legislation of the latter country if that amount is less than the amount which he would have received under the
legislation of the former country.

(3) Where the circumstances in which a person is receiving education or
undergoing training in Australia are such that, if they had occurred in the
United Kingdom, they would have enabled that person to be treated, for the
purposes of the legislation of the United Kingdom, as undergoing full-time
instruction in a school or as undergoing full-time training, as the case may be, that person shall, for the purposes of any right to receive family benefit under the legislation of the United Kingdom, be treated as undergoing full-time
instruction in a school or as undergoing full-time training, as the case may be.

(4) Any child born to a woman while she is temporarily absent from one country in circumstances in which she is treated, in accordance with sub-paragraph (b)
of paragraph (2) of this Article, as if she were in that country shall, for the
purposes of any right to receive family benefit under the legislation of that
country, be treated as if the child had been born in that country and, so long
as the woman or her husband is so temporarily absent, as if the child were in
that country during any period during which the child is in the other country.

(5) Where any person is qualified to receive family benefit for a child under
the legislation of one country by virtue of the provisions of paragraph (2) of
this Article, no family benefit for that child shall be paid under the
legislation of the other country.

ARTICLE 13
Guardians' allowances
Where a person who is permanently resident in the United Kingdom claims a
guardian's allowance for a child who is permanently resident there, any parent
of that child who, after reaching the age of fifteen years, was resident in
Australia on or after the 5th July, 1948, shall be treated as if he had been
insured under the legislation of the United Kingdom.

ARTICLE 14
Family allowances in Northern Ireland
The Contracting Parties agree that the Reciprocal Arrangements relating to
Family Allowances in Northern Ireland and Child Endowment in Australia, a
Memorandum of which is set out in the Schedule to the former Agreement, shall
continue to have effect.

PART V-Sickness Benefits and Invalid Pensions
ARTICLE 15
Australian sickness benefits by virtue of United Kingdom residence
If a person in Australia claims a sickness benefit under the legislation of
that country, he shall be treated, for the purposes of that claim, as if he had
been resident in Australia-
(a) during any period during which he was resident in the United Kingdom; and (b) during the period after his departure from the United Kingdom until his
arrival in Australia, if that period does not exceed thirteen weeks.

ARTICLE 16
Australian invalid pensions by virtue of United Kingdom residence
(1) If a person who is permanently resident in Australia claims an invalid
pension under the legislation of that country, he shall be treated for the
purposes of that claim-
(a) as if he had been resident in Australia during any period-
(i) during which he was resident in the United Kingdom; or
(ii) during which he was proceeding from the United Kingdom to Australia,
if he arrived in Australia within thirteen weeks after leaving the United
Kingdom; and
(b) as if he had become permanently incapacitated for work or permanently
blind while in Australia, if he became permanently incapacitated for work or
permanently blind, as the case may be, while in the United Kingdom or while
proceeding from the United Kingdom to Australia.

(2) If a person is qualified to receive an invalid pension by virtue of the
provisions of paragraph (1) of this Article, then, subject to the provisions of
paragraph (3) of this Article and to the provisions of the legislation of
Australia, his wife shall be qualified to receive a wife's allowance and he or
his wife shall be qualified to receive a child's allowance.

(3) Where a person, at the time when he arrives in Australia, is qualified to
receive an invalid pension by virtue of the provisions of paragraph (1) of this
Article-
(a) he shall not receive more by way of such pension than the amount of the
sickness benefit which he would have received under the legislation of the
United Kingdom if he had remained in that country and any provision of that
legislation about overlapping benefits which would have been appropriate in his
case had not been applied;
(b) his wife shall not receive more by way of a wife's allowance than the
amount by which the amount of the sickness benefit which he would have received
under the legislation of the United Kingdom exceeds the amount of the invalid
pension which he is qualified to receive; and
(c) any child's allowance which he or his wife is qualified to receive shall
not exceed the amount by which the amount of the sickness benefit which he would have received under the legislation of the United Kingdom exceeds the total
amount of the invalid pension and the wife's allowance which he and his wife are respectively qualified to receive.

ARTICLE 17
United Kingdom sickness benefit by virtue of gainful occupation in Australia
(1) Where a person, who is, or would but for his incapacity for work be,
ordinarily gainfully occupied, claims a sickness benefit under the legislation
of the United Kingdom or applies for contributions to be credited to him under
that legislation for any period during which he is incapable of work, he shall
be treated-
(a) as if he had paid a contribution-
(i) under the legislation of the United Kingdom concerning National
Health Insurance in force before the 5th July, 1948, for any week before that
date during which he was gainfully occupied under a contract of service in
Australia;
(ii) as an employed person for any week after that date during which he
was gainfully occupied under a contract of service in Australia;
(iii) as a self-employed person for any other week after that date during
which he was gainfully occupied in Australia; and
(iv) as a non-employed person for any week after that date during which he was proceeding from either country to the other, if he arrived in the latter
country within thirteen weeks after leaving the former country;
(b) as if he had had a contribution credited to him-
(i) as an employed person for any week during which he was resident in
Australia and was unemployed and available for work or was incapable of work, if that week was part of a period during which he was ordinarily gainfully occupied under a contract of service; and
(ii) as a self-employed person for any other week during which he was
resident in Australia and was incapable of work, if that week was part of a
period during which he was ordinarily gainfully occupied.

(2) Nothing in paragraph (1) of this Article shall diminish any right which a
person has, apart from this Agreement, to receive a sickness benefit under the
legislation of the United Kingdom.

(3) Where a person who is permanently resident in the United Kingdom was
receiving-
(a) a sickness benefit, an invalid pension or a rehabilitation allowance
under the legislation of Australia; or
(b) a payment under the Tuberculosis Act 1948 of the Commonwealth of
Australia,
when he was last in Australia and is incapable of work at the time when he
arrives in the United Kingdom, he shall be treated under the legislation of the
United Kingdom as if, at that time and for so long as he continues from that
time to be incapable of work, he satisfied the contribution conditions under
which sickness benefit is payable for an indefinite period.

PART VI-Unemployment Benefits
ARTICLE 18
(1) If a person in one country claims an unemployment benefit under the
legislation of that country, he shall be treated for the purposes of his claim
as if he had been resident in that country during any period-
(a) during which he was resident in the other country; or
(b) during which he was proceeding from the latter country to the former
country, if that period does not exceed thirteen weeks.

(2) Where a person claims an unemployment benefit under the legislation of the United Kingdom or applies for contributions to be credited to him under that
legislation for any period during which he is unemployed, he shall be treated-
(a) as if he had paid a contribution-
(i) as an employed person for any week during which he was gainfully
occupied under a contract of service in Australia;
(ii) as a self-employed person for any other week during which he was
gainfully occupied in Australia; and
(iii) as a non-employed person for any week during which he was proceeding from either country to the other, if he arrived in the latter country within
thirteen weeks after leaving the former country;
(b) as if he had had a contribution credited to him-
(i) as an employed person for any week during which he was resident in
Australia and was unemployed and available for work or was incapable of work, if that week was part of a period during which he was ordinarily gainfully occupied under a contract of service; and
(ii) as a self-employed person for any other week during which he was
resident in Australia and was incapable of work, if that week was part of a
period during which he was ordinarily gainfully occupied.

(3) Nothing in paragraph (2) of this Article shall diminish any right which a
person has, apart from this Agreement, to receive an unemployment benefit under
the legislation of the United Kingdom.

PART VII-Beneficiaries moving from one Country to the other
ARTICLE 19
Australian pensioner migrating to the United Kingdom
Where a person-
(a) leaves Australia to become permanently resident in the United Kingdom and arrives in the United Kingdom within thirteen weeks after leaving Australia; and (b) was qualified to receive and was receiving an age pension, an invalid
pension, a wife's allowance, a child's allowance or a widow's pension under the
legislation of Australia, whether by virtue of this Agreement or otherwise,
immediately before leaving Australia,
that pension shall not cease to be payable, and may be paid, for the period
during which he is proceeding to the United Kingdom.

ARTICLE 20
Australian pensioner visiting the United Kingdom
(1) The provisions of this Article shall apply only to age pensions, invalid
pensions, wives' and children's allowances and widows' pensions payable under
the legislation of Australia, whether by virtue of this Agreement or otherwise.

(2) Where a person-
(a) is temporarily absent from Australia and arrives in the United Kingdom
within thirteen weeks after leaving Australia; and
(b) was qualified to receive, and was receiving, a benefit immediately before leaving Australia,
that benefit shall not cease to be payable, and may be paid, during that
temporary absence, but payment for the period after his departure from the
United Kingdom until his arrival in Australia shall not be made unless that
period does not exceed thirteen weeks.

(3) A person-
(a) who is temporarily absent from Australia and arrives in the United
Kingdom within thirteen weeks after leaving Australia;
(b) who, if he had not left Australia, would have become qualified to receive a benefit at a time during that temporary absence; and
(c) who, if that time is between the date of his departure from the United
Kingdom and the date of his arrival in Australia, arrives in Australia within
thirteen weeks after leaving the United Kingdom,
shall be treated as if had become qualified to receive that benefit at that
time, and the benefit shall be payable, and may be paid, during his temporary
absence, but payment for the period after his departure from the United Kingdom
until his arrival in Australia shall not be made unless that period does not
exceed thirteen weeks.

(4) Where-
(a) a person is, by virture of the last preceding paragraph, treated as if he had become qualified to receive a benefit at a time after his departure from
Australia but before his arrival in the United Kingdom or after his departure
from the United Kingdom but before his arrival in Australia; and
(b) he lodges a claim for that benefit within fourteen days after his arrival in the United Kingdom or Australia, as the case may be,
the claim shall be treated, for the purposes of determining the date from which
the benefit may be paid, as if it had been lodged at the time when he is treated as having become so qualified.

ARTICLE 21
United Kingdom beneficiary proceeding to or from Australia
(1) Where a person-
(a) leaves the United Kingdom to become permanently resident in Australia and arrives in Australia within thirteen weeks after leaving the United Kingdom; and (b) was qualified to receive a retirement pension or a widow's benefit under
the legislation of the United Kingdom, whether by virtue of this Agreement or
otherwise, immediately before his departure from the United Kingdom,
that person shall continue to be so qualified for the period of the journey.

(2) Where a person to whom the provisions of paragraph (1) of this Article do
not apply would be qualified, if he were in the United Kingdom, to receive a
retirement pension or a widow's benefit under the legislation of that country,
otherwise than by virtue of this Agreement or the former Agreement, he shall be
qualified to receive that pension or benefit for any period during which he is
proceeding from one country to the other.

(3) This Article shall have effect subject to the provisions of Article 24.

PART VIII-Miscellaneous Provisions
ARTICLE 22
United Kingdom beneficiary with dependant in Australia
(1) Where a person, who is qualified to receive any benefit under the
legislation of the United Kingdom, other than a retirement pension payable by
virtue of Article 3 of this Agreement, would be qualified to receive also an
increase of that benefit for a dependant if the dependant were in the United
Kingdom, he shall be qualified to receive that increase while the dependant is
in Australia unless the dependant is a child for whom child endowment is payable under the legislation of Australia.

(2) Where the dependant of any person is proceeding from one country to the
other, and arrives in the latter country within thirteen weeks after leaving the former country, the provisions of paragraph (1) of this Article shall apply to
that person as if the dependant were in Australia.

ARTICLE 23
Family benefit for period of journey
Where a person was qualified under the legislation of either country, whether
by virtue of this Agreement or otherwise, to receive family benefit for a child
immediately before he or the child or both left one of the two countries and
would have remained so qualified if he or the child or both, as the case may be, had not left that country, the benefit shall not cease to be payable, and may be paid, for any period (not exceeding thirteen weeks in the case of any one
journey) during which he or the child or both, as the case may be, are
proceeding to the other country.
ARTICLE 24
Rate of United Kingdom benefit in Australia
Where a person who is not resident in the United Kingdom is in Australia and
is qualified to receive any benefit under the legislation of the United Kingdom, the rate of that benefit shall be determined in accordance with those provisions of that legislation which concern the payment of benefit to persons who are not
resident in the United Kingdom.

ARTICLE 25
United Kingdom beneficiary qualified to receive Australian benefit
(1) The provisions of this Article shall apply, in relation to the United
Kingdom, only to retirement pensions and widows' benefits, and, in relation to
Australia, only to age pensions, invalid pensions, wives' allowances and widows' pensions, whether they are payable by virtue of this Agreement or otherwise;
and, for the purposes of applying those provisions, the effect of any provision
of the legislation of the United Kingdom which concerns overlapping benefits
shall be disregarded.

(2) Subject to the provisions of paragraph (4) of this Article, where a person is qualified to receive a benefit under the legislation of Australia, the amount of any benefit which he is entitled to receive under the legislation of the
United Kingdom shall be disregarded in the computation of his income and shall
be deducted from the amount of benefit which would otherwise be payable to him
under the legislation of Australia.

(3) Where a married woman is qualified to receive a benefit under the
legislation of Australia, the amount of any increase of benefit which her
husband is entitled to receive for her under the legislation of the United
Kingdom shall be disregarded in the computation of his income and her income,
and shall be deducted from the amount of benefit which would otherwise be
payable to her under the legislation of Australia.

(4) Where a man and his wife are both entitled to receive benefits under the
legislation of Australia, the provisions of paragraph (2) of this Article shall
not apply to any increase of benefit which he is entitled to receive for her
under the legislation of the United Kingdom, but the provisions of paragraph (3) shall apply to that increase of benefit.

ARTICLE 26
Widow receiving invalid or widow's pension before migration to the United
Kingdom
Where a widow who is permanently resident in the United Kingdom was receiving
an invalid pension of a widow's pension under the legislation of Australia,
otherwise than by virtue of this Agreement or the former Agreement, from the
time when her husband died until the time when she was last in Australia, she
shall, for the purposes of any claim to receive a sickness benefit, an
unemployment benefit or a retirement pension under the legislation of the United Kingdom, be treated as if, at the time when she arrived in the United Kingdom,
she ceased to be entitled to a widow's allowance under that legislation.

ARTICLE 27
Meaning of "permanently resident"
For the purposes of applying the provisions of Articles 3, 8, 9, 11, 12, 13,
16, 17, 19, 20, 21 and 26, a person shall be treated as permanently resident in
one country and shall not be treated as temporarily absent from the other
country-
(a) if the competent authority of the former country is satisfied that he is
likely to remain there for at least three years; or
(b) if he has been temporarily resident in the former country for at least
one year and the competent authorities of the two countries have not agreed that he should not be treated as permanently resident in that country.

ARTICLE 28
Meaning of "resident in the United Kingdom"
For the purposes of applying the provisions of Articles 8, 11, 12, 15, 16, and 18, a person shall be treated as having been resident in the United Kingdom
during any period of absence from that country during which he was not resident
in Australia and for which he paid contributions voluntarily or compulsorily
under the legislation of the United Kingdom or for which he had contributions
credited to him under that legislation.

ARTICLE 29
Meaning of "resident in Australia"
(1) For the purposes of applying the provisions of Articles 3, 5, 6, 9, 12,
13, 17 and 18, a person shall be treated as having been resident in Australia
during any period of absence from that country if he was treated, otherwise than by virtue of this Agreement or the former Agreement, as being resident there
during that period for the purposes of the legislation of that country.

(2) For the purposes of applying the provisions of Articles 3, 5, 6, 9, 17 and 18, no account shall be taken of any period during which a person was resident
in Australia before he reached the age of fifteen years or after he reached
pension age.

PART IX-Administration
ARTICLE 30
Administrative arrangements
The competent authorities-
(a) shall make such administrative arrangements as may be required for the
purposes of giving effect to this Agreement and shall determine all matters of
an incidental and supplementary nature which in their opinion are relevant for
that purpose;
(b) shall communicate to each other information regarding any measure taken
by them to give effect to this Agreement;
(c) shall supply to each other, on request, information regarding the
circumstances of any person who claims a benefit in accordance with the
provisions of this Agreement; and
(d) shall communicate to each other, as soon as possible, information
regarding any changes made in the legislation of their countries which affect
the application of this Agreement.

ARTICLE 31
Agency payments
Where, under the provisions of Articles 7, 10, 12, 19, 20, 21 or 23 of this
Agreement, any benefit is payable under the legislation of one country to a
person who is in the other country, the payment may, at the request of the
competent authority of the former country, be made by the competent authority of the latter country as agent for the competent authority of the former country.

PART X-Extension of Agreement to other Territories
ARTICLE 32
(1) Where any territory for whose international relations the Government of
the United Kingdom is responsible has a scheme of social insurance which
provides benefits comparable with the benefits provided by the schemes of
National Insurance of the United Kingdom and is linked with those schemes by
means of a reciprocal agreement, the Contracting Parties, at the request of the
Government of that Territory, may agree to extend this Agreement by means of an
Exchange of Notes so that it applies to that territory.

(2) If this Agreement is extended to any territory in accordance with the
provisions of paragraph (1) of this Article, it shall apply, subject to such
modifications as may be agreed by the Contracting Parties and specified in the
Exchange of Notes-
(a) to periods of residence in that territory or insurance under that
territory's scheme of social insurance, in the same way as it applies to periods of residence in the United Kingdom or insurance under the legislation of the
United Kingdom; and
(b) in relation to persons in that territory or resident in that territory,
to that territory's scheme of social insurance, in the same way as it applies,
in relation to persons in the United Kingdom or resident in the United Kingdom,
to the legislation of the United Kingdom,
and, subject as aforesaid, the legislation of the United Kingdom shall be deemed to include any Order in Council giving effect to the reciprocal agreement which
links that territory's scheme of social insurance with the schemes of National
Insurance of the United Kingdom.

PART XI-Transitional and Final Provisions
ARTICLE 33
Transitional provisions
(1) No provision of this Agreement shall confer any right to receive any
payment of a benefit for a period before the date of the entry into force of
this Agreement.

(2) Any contribution which a person has paid under the legislation of the
United Kingdom before the date of the entry into force of this Agreement, and
any period during which a person has been resident in either country before that date, shall be taken into account for the purposes of determining the right to
receive a benefit in accordance with the provisions of this Agreement.

(3) No provision of this Agreement shall diminish any rights which a person
has acquired under the legislation of either country before the date of the
entry into force of this Agreement, whether by virtue of the former Agreement or otherwise, and a person who, before the 7th January, 1959, makes a claim to
receive an age pension, an invalid pension or a wife's allowance shall have the
right to have his claim determined without regard to the provisions of this
Agreement or the former Agreement.

ARTICLE 34
Termination of Agreement
In the event of the termination of this Agreement, any rights acquired by a
person in accordance with its provisions shall be maintained, and the
Contracting Parties shall negotiate for the settlement of any rights then in
course of acquisition by virtue of those provisions.

ARTICLE 35
Entry into force of Agreement
(1) This Agreement shall enter into force on the 1st April, 1958, and shall
remain in force for a period of one year from that date. Thereafter it shall
continue in force from year to year unless-
(a) the Parties agree to terminate it; or
(b) either Party gives notice of termination in writing at least six months
before the expiry of any such yearly period.

(2) Subject to the provisions of Articles 14 and 33, the former Agreement
shall be terminated on the date of entry into force of this Agreement.
IN WITNESS whereof the undersigned, duly authorized by their respective
Governments, have signed this Agreement.
DONE in duplicate at Canberra, this twenty-ninth day of January, Nineteen
hundred and fifty-eight.

For the Government of
the United Kingdom of Great Britain
and Northern Ireland: For the Government of the
Commonwealth of Australia:
HAROLD MACMILLAN ROBERT MENZIES
--------
PART B
AGREEMENT ON SOCIAL SECURITY BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE COMMONWEALTH OF
AUSTRALIA
Canberra, 16th August, 1962
The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Australia,
Desiring to modify and extend the Agreement on Social Security which was
signed on their behalf at Canberra on the 29th January, 1958,
Have agreed as follows:
ARTICLE 1
For the purposes of this Agreement, the expression "the Principal Agreement"
means the Agreement on Social Security between the Government of the United
Kingdom of Great Britain and Northern Ireland and the Government of the
Commonwealth of Australia which was signed at Canberra on behalf of those
Governments on the 29th January, 1958.

ARTICLE 2
Article 1 of the Principal Agreement shall be amended-
(a) by inserting after paragraph (d) the following paragraph:
"(da) 'contribution', in relation to the legislation of the United
Kingdom, does not include a graduated contribution within the meaning of that
legislation;";
(b) by omitting paragraph (n) and substituting the following paragraph:-
"(n) 'retirement pension' means a retirement pension under the
legislation of the United Kingdom and includes a contributory old age pension
under that legislation and any graduated retirement benefit constituted by an
increase in the weekly rate of a retirement pension under that legislation;";
and
(c) by omitting paragraph (p) and substituting the following paragraph:
"(p) 'widow's benefit', in relation to the United Kingdom, means a
widow's allowance, a widowed mother's allowance (including any graduated
retirement benefit constituted by an increase in the weekly rate of a widowed
mother's allowance) or a widow's pension under the legislation of that country
or a widow's basic pension payable under the legislation of that country to a
woman who became a widow before the 5th July, 1948;".

ARTICLE 3
Article 2 of the Principal Agreement shall be amended by inserting in clause
(ii) of sub-paragraph (a) of paragraph (1), after the words "the Family
Allowances Act, 1945,", the words "the Family Allowances Act (Northern
Ireland), 1945".

ARTICLE 4
Article 3 of the Principal Agreement shall be amended-
(a) by inserting in paragraph (2), before the word "unless", the words "in
respect of any period during which she was a married woman"; and
(b) by omitting paragraph (3) and substituting the following paragraphs:-
"(3) Where-
(a) a woman claiming a retirement pension by virtue of her own insurance
has been, but is not at the time of the claim, married and chooses to have her
former husband's contributions taken into account for the purposes of her claim; and
(b) her former husband had been resident in Australia for any period,
her former husband shall be treated, for the purposes of her claim, as if he had paid contributions under the legislation of the United Kingdom for any
period referred to in sub-paragraph (b) of this paragraph and for any other
period commencing immediately after, or ending immediately before, that period
during which he was proceeding on a journey between Australia and the United
Kingdom that was completed within thirteen weeks.
"(3A) Where a person claiming a retirement pension is a woman who-
(a) would have been qualified to receive a widow's benefit, other than a
widow's basic pension, for any period by virtue of Article 9 of this Agreement,
if this Agreement had been in force during that period; or
(b) would be qualified, under the arrangements made for crediting
contributions to widows claiming retirement pensions under the legislation of
the United Kingdom, to have contributions credited to her for any period if this Agreement had been in force during that period,
she shall be treated, for the purposes of her claim, as if contributions had been credited to her for that period.";
(c) by omitting from paragraph (4) the words and figures "paragraphs (1),
(2) and (3)" and substituting the words "the preceding paragraphs"; and
(d) by omitting the proviso to paragraph (4) and substituting the following
proviso:-
"Provided that, if that person is a married woman who does not satisfy
either of the conditions specified in paragraph (2) of this Article, she shall
be treated as if her husband and not she satisfied the said contribution
conditions.".

ARTICLE 5
Article 5 of the Principal Agreement shall be amended by inserting after the
word "contributions" (first occurring) the words ", including graduated
contributions,".

ARTICLE 6
Article 8 of the Principal Agreement shall be amended by inserting after
paragraph (1) the following paragraph:-
"(1A) For the purposes of any claim to receive an age pension, a woman who is
permanently resident in Australia and who is, or has been, married shall be
treated as if she had been resident in Australia during any period of absence
from the United Kingdom during her marriage, if her husband paid contributions
or had contributions credited to him for that period under the legislation of
the United Kingdom.".

ARTICLE 7
Article 12 of the Principal Agreement shall be amended-
(a) by omitting paragraph (2) and substituting the following paragraph:-
"(2) Subject to the provisions of paragraph (1) of this Article-
(a) if a person who has claimed family benefit under the legislation of
one country is permanently resident in that country, then, for the purposes of
any right to receive that benefit, any period during which he was in the other
country shall be treated as a period during which he was in the first-mentioned
country, and, if he was born in the other country, he shall be treated as if he
had been born in the first-mentioned country;
(b) if a child for whom family benefit has been claimed under the
legislation of one country is permanently resident in that country, then, for
the purposes of any right to receive that benefit, any period during which he
was resident in the other country shall be treated as a period during which he
was resident in the first-mentioned country, and, if he was born in the other
country, he shall be treated as if he had been born in the first-mentioned
country;
(c) if a person who has claimed family benefit for a child under the
legislation of one country is in the other country and is not qualified to
receive family benefit for that child under the legislation of the other
country, he shall be treated for the purposes of his claim as if he were in the
first-mentioned country; and
(d) if a person who has claimed family benefit under the legislation of
one country is temporarily absent from that country and, during that absence, is in the other country for a period commencing within thirteen weeks after his
departure from the first-mentioned country, he shall, for the purposes of any
right to receive that benefit, be treated as if during that period he were in
the first-mentioned country, but he shall not be qualified to receive during
that period an amount of family benefit greater than the amount that he would
have been qualified to receive during that period under the legislation of the
other country if that legislation had applied in relation to him and his family
during that period."; and
(b) by omitting from paragraph (4) the word and letter "sub-paragraph (b)"
and substituting the word and letter "sub-paragraph (d).".

ARTICLE 8
Article 14 of the Principal Agreement shall be omitted.

ARTICLE 9
Article 16 of the Principal Agreement shall be amended-
(a) by omitting from paragraph (2) the word and figure "paragraph (3)" and
substituting the words and figures "paragraph (3) and (4)"; and
(b) by omitting paragraph (3) and substituting the following paragraphs:
"(3) Where a person is permanently incapacitated for work or permanently
blind at the time when he arrives in Australia, the fortnightly amount of any
invalid pension, or the sum of the fortnightly amounts of any invalid pension,
wife's allowance and child's allowance, payable in his case by virtue of the
provisions of paragraphs (1) and (2) of this Article, shall not exceed twice the full standard weekly rate of sickness benefit which would be payable to him
under the legislation of the United Kingdom if he and his family (if any) had
remained in that country and none of the provisions of that legislation about
overlapping benefits were applied to him.

"(4) Where the sum of the fortnightly amounts of two or more benefits is
reduced by virtue of the provisions of paragraph (3) of this Article, the
fortnightly amount payable by way of each of those benefits shall bear the same
relation to the maximum fortnightly amount of that benefit as the
first-mentioned sum, thus reduced, bears to the sum of the maximum fortnightly
amounts of those benefits.
"(5) For the purposes of this Article, a person shall be deemed to be
permanently incapacitated for work if the degree of his permanent incapacity for work is not less than 85 per centum as determined under the legislation of
Australia.".

ARTICLE 10
Sub-paragraph (b) (ii) of paragraph (1) of Article 17 and sub-paragraph (b)
(ii) of paragraph (2) of Article 18 of the Principal Agreement shall be omitted
and in their places there shall be substituted the following sub-paragraph:-
"(ii) as a self-employed person for any other week during which he was
resident in Australia and was incapable of work, if that week was part of a
period during which he was ordinarily gainfully occupied or if he was having
contributions credited to him on grounds of incapacity for work under the
legislation of the United Kingdom immediately before the time when he last left
that country before that week.".

ARTICLE 11
Article 19 of the Principal Agreement shall be omitted and in its place there
shall be substituted:-
"ARTICLE 19
Australian pensioner migrating to the United Kingdom
"Where a person-
(a) leaves Australia to become permanently resident in the United Kingdom and arrives in the United Kingdom within thirteen weeks after leaving Australia; and (b) was qualified to receive and was receiving an age pension, an invalid
pension, a wife's allowance, a child's allowance or a widow's pension under the
legislation of Australia, whether by virtue of this Agreement or otherwise,
immediately before leaving Australia,
that pension or allowance shall not cease to be payable, and may be paid, for
the period during which he is proceeding to the United Kingdom and, if he makes
a claim within fourteen days after the day of his arrival in the United Kingdom
for a benefit under the legislation of the United Kingdom corresponding to that
pension or allowance and that benefit is payable to him under the legislation of the United Kingdom, for the period from the day of his arrival in the United
Kingdom till the day immediately before the day from which the benefit that he
claims becomes payable to him.".

ARTICLE 12
Article 20 of the Principal Agreement shall be amended-
(a) by inserting in sub-paragraph (a) of paragraph (2), after the word
"Australia" (first occurring), the words "for the primary purpose of visiting
the United Kingdom"; and
(b) by inserting in sub-paragraph (a) of paragraph (3), after the word
"Australia" (first occurring), the words "for the primary purpose of visiting
the United Kingdom".

ARTICLE 13
Article 21 of the Principal Agreement shall be amended by omitting paragraph
(1) and substituting the following paragraph:-
"(1) Where a person-
(a) leaves the United Kingdom to become permanently resident in Australia and arrives in Australia within thirteen weeks after leaving the United Kingdom; and (b) was qualified, whether by virtue of this Agreement or otherwise, to
receive a retirement pension or a widow's benefit under the legislation of the
United Kingdom immediately before his departure from the United Kingdom,
that person shall continue to be so qualified for the period of the journey and, if he makes a claim within fourteen days after the day of his arrival in
Australia for a benefit under the legislation of Australia corresponding to that retirement pension or widow's benefit and that benefit is payable to him under
the legislation of Australia, for the period from the day of his arrival in
Australia till the day immediately before the day from which the benefit that he claims becomes payable to him.".

ARTICLE 14
Article 23 of the Principal Agreement shall be omitted and in its place there
shall be substituted:-
"ARTICLE 23
Family benefit for the period of the journey and after
"Where-
(a) a person was qualified under the legislation of one country, whether by
virtue of this Agreement or otherwise, to receive family benefit for a child
immediately before he or the child or both left that country to travel to the
other country; and
(b) the person or the child or both, as the case may be, completes the
journey within thirteen weeks,
any family benefit that would have been payable under the legislation of the
first-mentioned country if the person or the child or both, as the case may be,
had not left the first-mentioned country shall not cease to be payable, and may
be paid, for the period of the journey and, if a claim is made within six months after the day of arrival in the other country for a family benefit for the child under the legislation of the other country and that benefit is payable, for the
period from the day of arrival in the other country till the day immediately
before the day from which the benefit claimed becomes payable.".

ARTICLE 15
Article 25 of the Principal Agreement shall be amended-
(a) by inserting in paragraph (1), after the words "widows' benefits", the
words ", other than graduated retirement benefit"; and
(b) by omitting from paragraph (1) the words "whether they are payable by
virtue of this Agreement or otherwise" and substituting the words "being
benefits payable under the legislation of Australia by virtue of this
Agreement".

ARTICLE 16
After Article 29 of the Principal Agreement there shall be added the following Article:-
"ARTICLE 29A
Meaning of 'gainfully occupied under a contract of service in Australia'
"For the purposes of Articles 17 and 18, a person shall be treated as having
been gainfully occupied under a contract of service in Australia during-
(a) any period of service, whether in Australia or elsewhere, in the Defence
Force of Australia; and
(b) any period of absence from Australia during which he was an employee and
was treated as being a resident of Australia within the meaning of any Act
relating to the imposition, assessment and collection of a tax upon incomes in
force in Australia.".

ARTICLE 17
Article 33 of the Principal Agreement shall be amended by omitting paragraph
(3) and substituting the following paragraph:-
"(3) No provision of this Agreement shall diminish any rights which a person
has acquired under the legislation of either country before the date of the
entry into force of this Agreement, whether by virtue of the former Agreement or otherwise, and a person who makes a claim to receive any benefit under the
legislation of either country may choose to have his claim determined without
regard to the provisions of this Agreement.".

ARTICLE 18
This Agreement shall enter into force on the 1st October, 1962, and shall be
read and construed as one with the Principal Agreement.
In witness whereof the undersigned, duly authorized by their respective
Governments, have signed this Agreement.
Done in duplicate at Canberra, this sixteenth day of August, nineteen hundred
and sixty-two.

For the Government of the United
Kingdom of Great Britain and
Northern Ireland: For the Government of the
Commonwealth of Australia:
W. P. OLIVER HUGH S. ROBERTSON
--------
PART C
NOTES DATED 6 MARCH 1975 BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM AND THE
GOVERNMENT OF AUSTRALIA FURTHER AMENDING THE AGREEMENT ON SOCIAL SECURITY SIGNED AT CANBERRA ON 29 JANUARY 1958
British High Commission, Canberra 6 March 1975 Sir,
I have the honour to refer to the Agreement on Social Security between the
Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of Australia, which was signed at Canberra on 29 January 1958, as
amended by the Agreement signed at Canberra on 16 August 1962, (which for the
purposes of this Note are together referred to as "the Agreement"), and to
recent discussions between the Department of Health and Social Security of the
United Kingdom and the Department of Social Security of Australia concerning the need further to amend the Agreement in the light of the Australian Social
Services Act (No. 2) 1973 and the Australian Social Services Act 1974, which
allow Australian pensions to be paid abroad, the National Insurance Act 1971,
which introduced invalidity benefit into the United Kingdom, the Social Services (Parity) Order (Northern Ireland) 1971, which made similar provision for
invalidity benefit in Northern Ireland and the National Insurance (Isle of Man)
Order 1972, which made similar provision for invalidity benefit in the Isle of
Man.
Pending the outcome of these discussions the Government of the United Kingdom
takes the view that some immediate steps are necessary to prevent the
possibility of duplicate payments of United Kingdom and Australian pensions by
virtue of the Agreement. Accordingly, they propose that the following amendments to the Agreement should be made forthwith as an interim measure and without
prejudice to any other amendments which may be agreed subsequently between the
United Kingdom and Australian Governments:
(a) Article 17 of the Agreement shall be amended in the heading and in
paragraphs (1) and (2) by inserting the words "or invalidity" after the word
"sickness", and in paragraph (3) by substituting the words "sickness or
invalidity benefit is payable" for the words "sickness benefit is payable for
an indefinite period".
(b) Where a person is entitled to receive a benefit by virtue of the
provisions of Article 3 or 9, or of paragraphs (1) and (3) of Article 17 of the
Agreement as amended by sub-paragraph (a) of this paragraph:
(i) the rate of benefit which he would otherwise be entitled to receive,
but for this sub-paragraph, by virtue of the provisions of Article 3 or 9 shall
be reduced by the amount of benefit which is payable by virtue of the Australian Social Services Act (No. 2) 1973 and the Australian Social Services Act 1974;
and
(ii) the rate of benefit which he would be entitled to receive, but for
this sub-paragraph, by virtue of the provisions of paragraphs (1) and (3) of
Article 17 of the Agreement as amended by sub-paragraph (a) of this paragraph
shall be reduced by the total amount of invalid pension and wife's pension which may be payable by virtue of the Australian Social Services Act (No. 2) 1973 and
the Australian Social Services Act 1974.
(c) Article 1, paragraph (a) of the Agreement shall be amended as follows:
(i) omit the words ", "wife's allowance" " and substitute the words
"and "wife's pension" ";
(ii) omit the words "and "Child's alowance" ".
(d) Article 1 of the Agreement shall be amended as follows:
(i) omit the full-stop after paragraph (q) and substitute a semi-colon;
(ii) after paragraph (q) insert the following paragraph:
"(r) "invalidity benefit" means, in relation to the United Kingdom,
invalidity benefit as defined under the legislation of the United Kingdom.".
(e) Article 16, paragraph (2) of the Agreement shall be amended by omitting
the words from "wife's allowance" to the end of the paragraph and substituting
the words "wife's pension.".
(f) Article 16, paragraph (3) of the Agreement shall be amended as follows:
(i) omit the words ", wife's allowance and child's allowance" and
substitute the words "and wife's pension";
(ii) omit the word "sickness" and substitute the word "invalidity".
(g) Article 16, paragraph (4) of the Agreement shall be amended by omitting
the words "or more".
(h) Article 19, sub-paragraph (b) of the Agreement shall be amended by
omitting the words "allowance, a child's allowance" and substituting the word
"pension".

(i) Article 20, paragraph (1) of the Agreement shall be amended by omitting
the words "and children's allowances" and substituting the word "pensions".
(j) Article 25, paragraph (1) of the Agreement shall be amended by omitting
the word "allowances" and substituting the word "pensions".
(k) Article 26 of the Agreement shall be amended by inserting the words "or
invalidity" after the word "sickness".
I have the honour to suggest that, if these proposals are acceptable to the
Government of Australia, this Note and your reply to that effect shall
constitute an Agreement between our two Governments to enter into force on the
date of your reply.
Either Government may terminate this Agreement within six months of the date
of entry into force by giving written notice to the other of its intention to do so, in which case termination shall take effect immediately upon receipt of such notice.
I avail myself of this opportunity, Sir, to renew to you the assurance of my
highest consideration.
MORRICE JAMES The Honourable W. G. Hayden MP
Minister for Social Security
Department of Social Security
CANBERRA
--------
Minister for Social Security 6 March 1975 Sir,
I have the honour to acknowledge the receipt of your Note of today's date
which reads as follows:
"I have the honour to refer to the Agreement on Social Security between the
Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of Australia, which was signed at Canberra on 29 January 1958, as
amended by the Agreement signed at Canberra on 16 August 1962, (which for the
purposes of this Note are together referred to as "the Agreement"), and to
recent discussions between the Department of Health and Social Security of the
United Kingdom and the Department of Social Security of Australia concerning the need further to amend the Agreement in the light of the Australian Social
Services Act (No. 2) 1973 and the Australian Social Services Act 1974, which
allow Australian pensions to be paid abroad, the National Insurance Act 1971,
which introduced invalidity benefit into the United Kingdom, the Social Services (Parity) Order (Northern Ireland) 1971, which made similar provision for
invalidity benefit in Northern Ireland and the National Insurance (Isle of Man)
Order 1972, which made similar provision for invalidity benefit in the Isle of
Man.
Pending the outcome of these discussions the Government of the United Kingdom
takes the view that some immediate steps are necessary to prevent the
possibility of duplicate payments of United Kingdom and Australian pensions by
virtue of the Agreement. Accordingly, they propose that the following amendments to the Agreement should be made forthwith as an interim measure and without
prejudice to any other amendments which may be agreed subsequently between the
United Kingdom and Australian Governments:
(a) Article 17 of the Agreement shall be amended in the heading and the
paragraphs (1) and (2) by inserting the words "or invalidity" after the word
"sickness", and in paragraph (3) by substituting the words "sickness or
invalidity benefit is payable" for the words "sickness benefit is payable for
an indefinite period".
(b) Where a person is entitled to receive a benefit by virtue of the
provisions of Article 3 or 9, or of paragraphs (1) and (3) of Article 17 of the
Agreement as amended by sub-paragraph (a) of this paragraph:
(i) the rate of benefit which he would otherwise be entitled to receive,
but for this sub-paragraph, by virtue of the provisions of Article 3 or 9 shall
be reduced by the amount of benefit which is payable by virtue of the Australian Social Services Act (No. 2) 1973 and the Australian Social Services Act 1974;
and
(ii) the rate of benefit which he would be entitled to receive, but for
this sub-paragraph, by virtue of the provisions of paragraphs (1) and (3) of
Article 17 of the Agreement as amended by sub-paragraph (a) of this paragraph
shall be reduced by the total amount of invalid pension and wife's pension which may be payable by virtue of the Australian Social Services Act (No. 2) 1973 and
the Australian Social Services Act 1974.
(c) Article 1, paragraph (a) of the Agreement shall be amended as follows:
(i) omit the words ", "wife's allowance" " and substitute the words
"and "wife's pension" ";
(ii) omit the words "and "child's allowance" ".
(d) Article 1 of the Agreement shall be amended as follows:
(i) omit the full-stop after paragraph (q) and substitute a semi-colon;
(ii) after paragraph (q) insert the following paragraph:
"(r) "Invalidity benefit" means, in relation to the United Kingdom,
invalidity benefit as defined under the legislation of the United Kingdom.".
(e) Article 16, paragraph (2) of the Agreement shall be amended by omitting
the words from "wife's allowance" to the end of the paragraph and substituting
the words "wife's pension.".
(f) Article 16, paragraph (3) of the Agreement shall be amended as follows:
(i) omit the words ", wifes' allowance and child's allowance" and
substitute the words "and wife's pension";
(ii) omit the word "sickness" and substitute the word "invalidity".
(g) Article 16, paragraph (4) of the Agreement shall be amended by omitting
the words "or more".
(h) Article 19, sub-paragraph (b) of the Agreement shall be amended by
omitting the words "allowance, a child's allowance" and substituting the word
"pension".
(i) Article 20, paragraph (1) of the Agreement shall be amended by omitting the words "and children's allowances" and substituting the word "pensions".
(j) Article 25, paragraph (1) of the Agreement shall be amended by omitting
the word "allowances" and substituting the word "pensions".
(k) Article 26 of the Agreement shall be amended by inserting the words "or
invalidity" after the word "sickness".
I have the honour to suggest that, if these proposals are acceptable to the
Government of Australia, this Note and your reply to that effect shall
constitute an Agreement between our two Governments to enter into force on the
date of your reply.
Either Government may terminate this Agreement within six months of the date
of entry into force by giving written notice to the other of its intention to do so, in which case termination shall take effect immediately upon receipt of such notice."
I have the honour to inform you that these proposals are acceptable to the
Government of Australia, and that they agree that your Note and this reply shall constitute an Agreement between our two Governments which shall enter into force on the date of this reply.

Please accept, Sir, the assurance of my highest consideration.
W. G. HAYDEN His Excellency the Right Hon. Sir Morrice James, G.C.M.G., C.V.O., M.B.E.,
High Commissioner,
British High Commission,
Canberra, A.C.T.
--------
PART D
NOTES DATED 29 DECEMBER 1986 AND 31 DECEMBER 1986 BETWEEN THE GOVERNMENT OF THE
UNITED KINGDOM AND THE GOVERNMENT OF AUSTRALIA FURTHER AMENDING THE AGREEMENT ON SOCIAL SECURITY SIGNED AT CANBERRA ON 29 JANUARY 1958
Foreign and Commonwealth Office London SW1A 2AH 29 December 1986 His Excellency
Mr A. R. Parsons
Australian High Commission
Strand
London
Your Excellency
I have the honour to refer to the Agreement on Social Security between the
Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of Australia, which was signed at Canberra on 29 January 1958, as
amended by the Agreement signed at Canberra on 16 August 1962, and by an
Exchange of Notes at Canberra on 6 March 1975 (which, for the purposes of this
Note, are together referred to as "the Agreement"), and to recent discussions
between the Department of Health and Social Security of the United Kingdom and
the Department of Social Security of Australia, concerning the need further to
amend the Agreement so as to preclude working holidaymakers form receiving
unemployment benefit under the Agreement and to make other minor modifications.
I now have the honour to propose the following amendments to the Agreement:
(a) Article 3 shall be amended by deleting paragraph (2) and the proviso to
paragraph (4).
(b) Article 17 shall be amended by inserting after paragraph (3) the
following new paragraph:
"(4) For the purposes of any claim to invalidity pension under the
legislation of the United Kingdom, any period in respect of which a person was
qualified to receive a sickness benefit or an invalid pension under the
legislation of Australia shall be treated as if it were a period of entitlement
to sickness benefit or invalidity pension completed under the legislation of the United Kingdom.".
(c) Article 18 shall be amended-
(i) by inserting after paragraph (2) the following new paragraph:
"(3) The provisions of this Article shall not apply to a person-
(a) who is in Australia having been granted an entry permit pursuant to a visa issued on an application for a visa to enter that country for a working
holiday; or
(b) who is in the United Kingdom by virtue only of his having obtained
leave to enter that country given in accordance with any provision of the
immigration rules (as defined in section 33 (1) of the Immigration Act 1971 of
the United Kingdom) which required him to satisfy an immigration officer at the
date upon which that obligation last arose that-
(i) he was seeking permission to enter the United Kingdom for an
extended holiday, and
(ii) he intended to take only employment within the United Kingdom
which was incidental to that holiday.";
(ii) by renumbering the existing paragraph (3) as paragraph (4), deleting
the word and figure "paragraph (2)" and substituting the words and figures
"paragraphs (2) and (3)".
(d) Article 22 shall be amended by deleting from paragraph (1) the words:
"unless the dependant is a child for whom child endowment is payable under
the legislation of Australia".
If the foregoing proposals are acceptable to the Government of Australia I
have the honour to propose that this Note and Your Excellency's reply to that
effect shall constitute an Agreement between our two Governments which shall
enter into force on 9 February 1987.
I avail myself of this opportunity to renew to Your Excellency the assurance
of my highest consideration.
A. E. FURNESS (for the Secretary of State for Foreign and Commonwealth Affairs) --------
AUSTRALIAN HIGH COMMISSION AUSTRALIA HOUSE STRAND LONDON WC2B 4LA 01-438 8000 31 December 1986 Dear Sir Geoffrey,
I have the honour to acknowledge receipt of your Note of 29 December 1986
which reads as follows:
'I have the honour to refer to the Agreement on Social Security between the
Government of the United Kingdom of Great Britain and Northern Ireland and the
Government of Australia, which was signed at Canberra on 29 January 1958, as
amended by the Agreement signed at Canberra on 16 August 1962, and by an
Exchange of Notes at Canberra on 6 March 1975 (which, for the purposes of this
Note, are together referred to as "the Agreement"), and to recent discussions
between the Department of Health and Social Security of the United Kingdom and
the Department of Social Security of Australia, concerning the need further to
amend the Agreement so as to preclude working holidaymakers from receiving
unemployment benefit under the Agreement and to make other minor modifications.
'I now have the honour to propose the following amendments to the Agreement:
(a) Article 3 shall be amended by deleting paragraph (2) and the proviso to
paragraph (4)
(b) Article 17 shall be amended by inserting after paragraph (3) the
following new paragraph:
"(4) For the purposes of any claim to invalidity pension under the
legislation of the United Kingdom, any period in respect of which a person was
qualified to receive a sickness benefit or an invalid pension under the
legislation of Australia shall be treated as if it were a period of entitlement
to sickness benefit of invalidity pension completed under the legislation of the United Kingdom".
(c) Article 18 shall be amended-
(i) by inserting after paragraph (2) the following new paragraph:
"(3) The provisions of this Article shall not apply to a person-
(a) who is in Australia having been granted an entry permit pursuant to a visa issued on an application for a visa to enter that country for a
working holiday; or
(b) who is in the United Kingdom by virtue only of his having
obtained leave to enter that country given in accordance with any provision of
the immigration rules (as defined in section 33 (1) of the Immigration Act 1971
of the United Kingdom) which required him to satisfy an immigration officer at
the date upon which that obligation last arose that-
(i) he was seeking permission to enter the United Kingdom for an extended holiday, and
(ii) he intended to take only employment within the United
Kingdom which was incidental to that holiday.";
(ii) by renumbering the existing paragraph (3) as paragraph (4), deleting
the word and figure "paragraph (2)" and substituting the words and figures
"paragraphs (2) and (3)".
(d) Article 22 shall be amended by deleting from paragraph (1) the words:
"unless the dependant is a child for whom child endowment is payable under
the legislation of Australia".
'If the foregoing proposals are acceptable to the Government of
Australia I have the honour to propose that this Note and Your
Excellency's reply to that effect shall constitute an Agreement
between our two Governments which shall enter into force on 9
February 1987.
'I avail myself of this opportunity to renew to Your Excellency the
assurance of my highest consideration.'
I have the honour to confirm that the foregoing proposals are acceptable to
the Government of Australia, who therefore agree that your Note together with
this reply, shall constitute an Agreement between our two Governments which
shall enter into force on 9 February 1987.
Yours sincerely A. R. PARSONS The Rt Hon. Sir Geoffrey Howe, QC, MP,
Secretary of State for Foreign and Commonwealth Affairs,
Foreign and Commonwealth Office,
Downing Street,
LONDON SW1A 2AL

SOCIAL SECURITY ACT 1947 - SCHEDULE 2

SCH

SCHEDULE 2
Section 65 AGREEMENT
BETWEEN
AUSTRALIA
AND
THE REPUBLIC OF ITALY
PROVIDING FOR RECIPROCITY IN MATTERS
RELATING TO SOCIAL SECURITY
Australia and the Republic of Italy,
Wishing to strengthen the existing friendly relations between the two countries, and
Desiring to co-ordinate the operation of their respective social security
systems and to enhance the equitable access by people who move between Australia and Italy to social security benefits provided for under the laws of both
countries,
Have agreed as follows:
PART I-INTERPRETATION AND SCOPE
ARTICLE 1
Interpretation
1. In this Agreement, unless the context otherwise requires:
(a) "Australian benefit" means a benefit referred to in Article 2 in
relation to Australia;
(b) "benefit" means Australian benefit or Italian benefit;
(c) "competent authority" means, in the case of Australia, the Secretary to
the Department of Social Security or an authorised representative of the
Secretary and, in the case of Italy, the Ministry of Labour and Social Welfare;
(d) "dependants" means, in relation to Italy, persons who are within the
categories of family members of a person insured, or of a pensioner, under the
social security laws of Italy and who are recognized, by those laws, as the
dependants of such a person or pensioner;
(e) "institution", in relation to a Contracting Party, means an institution
apart from a competent authority which is responsible for the application of
this Agreement in respect of that Contracting Party as specified in
administrative arrangements made from time to time pursuant to Article 19;
(f) "Italian benefit" means a benefit payable under the social security
laws of Italy;
(g) "Italian supplement" means a supplement paid in order to increase the
amount of a benefit, derived from credited contributions and payable to a
person, to the minimum amount specified for that benefit in the social security
laws of Italy;
(h) "month" means calendar month;
(i) "period of Australian residence during working life", in relation to a
person, means the period, or the aggregate of the periods, during which that
person has been a resident of Australia, other than any period-
(a) during which the person had not attained the age of 16 years; or
(b) after the person, being a woman, had attained the age of 60 years or,
being a man, had attained the age of 65 years;
but does not include any period deemed pursuant to sub-paragraph 1 (c) of
Article 7 to be a period in which that person was residing in Australia;
(j) "period of credited contributions", in relation to a person, means a
period, or the total of two or more periods, of contributions used to acquire a
benefit, and any period deemed to be a period of contributions, under the social security laws of Italy by that person but does not include any period deemed
pursuant to sub-paragraph 1 (d) of Article 7 to be a period of credited
contributions in Italy;
(k) "period of residence in Australia", in relation to a person, means a
period or the total of 2 or more periods, at any time, when that person was
residing in Australia for the purposes of the social security laws of Australia, but does not include any period deemed pursuant to sub-paragraph 1 (c) of
Article 7 to be a period in which that person was residing in Australia;
(l) "social security laws of Australia" means the Social Security Act 1947
of Australia as amended, not including amendments effected by laws made by
Australia for the purpose of giving effect to an agreement on social security;
(m) "social security laws of Italy" means legislation within the scope of
this Agreement, in relation to Italy, by virtue of Article 2;
(n) "spouse carer's pension" means a carer's pension payable to a husband
under the legislation within the scope of this Agreement relating to Australia;
(o) "survivors" means, in relation to Italy, persons who are within the
categories of family members of a person who was insured or was a pensioner
under the social security laws of Italy, and is now deceased, and who are
recognized by those laws as survivors of that person or pensioner;
(p) "widow" means, in relation to Australia, a de jure widow; and
(q) "year" means a period of 365 days or, if that period includes 29
February, 366 days.
2. A reference in this Agreement to additional pensions and mothers' and
guardians' allowances for children is a reference to increases in the rate of
any of the benefits referred to in items (i) to (vi) inclusive of sub-paragraph
1 (a) of Article 2 and paid under provisions of the legislation within the scope of this Agreement in relation to Australia relating to the custody, care and
control of a child or children.
3. In the application of this Agreement by a Contracting Party, any term not
defined in this Agreement shall, unless the context otherwise requires, have the meaning which it has under the legislation within the scope of this Agreement,
in relation to that Contracting Party, by virtue of Article 2.

ARTICLE 2
Legislative Scope
1. The legislation within the scope of this Agreement is:
(a) in relation to Australia: the Social Security Act 1947 as amended at the
date of signature of this Agreement and any legislation that subsequently
amends, supplements or replaces that Act, in so far as that Act and that
legislation provide for and for all matters in relation to the following
benefits:
(i) age pensions;
(ii) invalid pensions;
(iii) pensions payable to widows;
(iv) wives' pensions;
(v) double orphans' pensions;
(vi) spouse carers' pensions; and
(vii) additional pensions and mothers' and guardians' allowances for
children; and
(b) in relation to Italy: the legislation in force at the date of signature of this Agreement and any legislation that subsequently amends, supplements or
replaces that legislation, concerning the compulsory general insurance scheme
for employees in regard to invalidity, old age and survivors; special insurance
schemes for self-employed persons and other categories of workers; family
allowances and unemployment insurance, and in particular the following benefits: (i) old age pensions;
(ii) seniority pensions;
(iii) anticipated pensions;
(iv) invalidity allowances;
(v) inability pensions;
(vi) privileged invalidity allowances;
(vii) privileged inability pensions;
(viii) invalidity attendance allowance;
(ix) survivors' pensions;
(x) family allowances for dependants of pensioners; and
(xi) unemployment allowances.
2. Notwithstanding the provisions of paragraph 1, the legislation within the
scope of this Agreement shall not include any laws made, whether before or after the date of signature of this Agreement, for the purpose of giving effect to any bilateral agreement on social security entered into by either Contracting Party. 3. The competent authorities of the Contracting Parties shall notify each other of legislation that amends, supplements or replaces the legislation within the
scope of this Agreement in relation to their respective Contracting Parties,
promptly after the first-mentioned legislation is enacted.

ARTICLE 3
Personal Scope
Except as otherwise provided in Articles 4 and 20, this Agreement shall apply to persons who move between Australia and Italy and who are or have been resident
in Australia or have been credited with contributions under the social security
laws of Italy and, where applicable, to any dependants or survivors of those
persons.

ARTICLE 4
Equality of Treatment
1. The citizens of each of the Contracting Parties shall be treated equally in
the application of the social security laws of Australia and of Italy,
respectively, and in any case in which entitlement to a benefit payable under
those laws by a Contracting Party depends, in whole or in part, on citizenship
of that Contracting Party, a person who is a citizen of the other Contracting
Party shall, for the purposes of a claim for that benefit, be deemed to be a
citizen of the first-mentioned Contracting Party.
2. The persons to whom this Agreement applies shall be treated equally by each
of the Contracting Parties in regard to rights and obligations which arise by
virtue of this Agreement in relation to each Contracting Party.

PART II-RESIDENCE OR PRESENCE OUTSIDE AUSTRALIA FOR
PURPOSES OF QUALIFYING FOR AUSTRALIAN BENEFITS
ARTICLE 5
Residence or Presence in Italy
Where, apart from residing and being physically present in Australia, a person
is qualified for an Australian benefit under the social security laws of
Australia or by virtue of this Agreement but, on the date on which he or she
lodges a claim for that benefit, he or she is:
(a) residing in Australia and physically present in Italy;
(b) residing in Italy and physically present in Australia; or
(c) residing and physically present in Italy,
that person shall be deemed, for the purposes of that claim, to be residing in
and physically present in Australia on that date.

ARTICLE 6
Residence or Presence in a Third Country
A person who is a resident of Australia or Italy, or of a third country with
which Australia enters into an agreement on social security, and is physically
present in that third country may, if that agreement includes provisions for
co-operation in the assessment and determination of claims for benefits, lodge
in that third country a claim for an Australian benefit, and that person shall,
for the purposes of that claim, be deemed to be residing in and physically
present in Australia on the date of lodgement of that claim.

PART III-TOTALISATION AND PRO-RATA BENEFITS
ARTICLE 7
Totalisation of Periods of Residence and Periods of Contributions
1. Where a person to whom this Agreement applies has accumulated:
(a) a period of residence in Australia that is:
(i) less than the period required to qualify him or her, in respect of
residence, under the social security laws of Australia for an Australian
benefit; and
(ii) equal to or greater than the minimum period identified in accordance
with paragraph 4 for that person; or
(b) a period of credited contributions that is:
(i) less than the period required to qualify him or her, in respect of
contributions, under the social security laws of Italy for an Italian benefit;
and
(ii) equal to or greater than the minimum period identified in accordance
with paragraph 5 for that benefit,
and, on the other hand, has accumulated both a period of Australian residence
during working life and a period of credited contributions in Italy which, when
added together, are equal to or in excess of the required minimum period
specified for that benefit by the legislation that is within the scope of this
Agreement in relation to the Contracting Party by whom the benefit may be
payable, then:
(c) for the purposes of a claim for that Australian benefit, the
last-mentioned period of credited contributions shall be deemed to be a period
in which that person was residing in Australia; and
(d) for the purposes of a claim for that Italian benefit, that period of
Australian residence during working life shall be deemed to be a period of
credited contributions in Italy.
2. Where a person to whom paragraph 1 applies:
(a) has resided continuously in Australia for a period which is less than the
minimum period of continuous residence required by the social security laws of
Australia for entitlement of that person to an Australian benefit; and
(b) has accumulated a period of credited contributions in 2 or more separate
periods that exceed in total the minimum period referred to in sub-paragraph
(a),
the total of the periods of credited contributions shall be deemed to be one
continuous period and, by virtue of sub-paragraph 1 (c), a period in which the
person was residing continuously in Australia, equivalent to that total.
3. Where a period of residence in Australia and a period of credited
contributions in Italy coincide, the period of coincidence shall be taken into
account once b