Pensioners (Heating Allowances) Act 1971 (TAS)

Pensioners (Heating Allowances) Act 1971

An Act to make provision with respect to the payment of heating allowances to certain classes of pensioners

[Royal Assent 29 April 1971]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Pensioners (Heating Allowances) Act 1971 . 2Interpretation [Section 2 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ] (1)  [Section 2 Subsection (1) amended by No. 76 of 1975, s. 2 ]In this Act, unless the contrary intention appears – allowance means a heating allowance under section four ; eligible pensioner means a pensioner who, by virtue of the provisions of section three , is eligible for the grant of an allowance; pensioner means a person who is in receipt of – (a) an age pension, a widows’ pension or an invalid pension under the Social Services Act 1947-1970 of the Commonwealth; (aa) a benefit from the State as a woman who has the custody, care, and control of a child in respect of which benefit the State receives financial assistance as a participating State under the State Grants (Deserted Wives) Act 1968 of the Commonwealth; (ab) a benefit under Part IVAAA of the Social Services Act 1947-1975 of the Commonwealth as a woman who has the custody, care, and control of a child; (b) a service pension under the Repatriation Act 1920-1970 of the Commonwealth (being a service pension that is payable at a rate per annum not exceeding the maximum rate per annum that would be applicable to that person under section twenty-eight of the Social Services Act 1947-1970 of the Commonwealth if he were qualified to receive an age pension under the last-mentioned Act); or (c) any other pension, annuity, or allowance that the Minister certifies to be, in his opinion, of a similar nature to a pension referred to in paragraph (a) or paragraph (b) of this definition (being a pension, annuity, or allowance that is payable at a rate per annum not exceeding the maximum rate per annum that would be applicable to that person under section twenty-eight of the Social Services Act 1947-1970 of the Commonwealth if he were qualified for an age pension under that Act); [Section 2 Subsection (1) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] liquid assets, in relation to a person, means money in hand or in an authorised deposit-taking institution account, money lent by the person to another person (whether on security or otherwise), and money that is invested in the purchase of marketable securities; [Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] marketable securities means shares, debentures, debenture stock, bonds, notes, and other securities of a body corporate (whether incorporated in this State or elsewhere) and also bonds, notes, inscribed stock, and other securities issued or created by the Government of the Commonwealth or of this State or of another State; [Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with that person. (2)  A reference in this Act to a Commonwealth Act includes a reference to that Act as amended from time to time and to any Commonwealth Act passed in substitution for that Act. 3Eligibility for the grant of an allowance (1)  [Section 3 Subsection (1) amended by No. 49 of 1976, s. 2 ][Section 3 Subsection (1) amended by No. 80 of 1981, s. 3 ]Subject to subsection (3) of this section, a pensioner is eligible for the grant of an allowance if – (a) he is responsible for the payment of the cost of fuel or electricity used for providing heat in the house, flat, or room where he lives; (b) his spouse (if any) is a pensioner and each other person who lives with him is either a pensioner or a child who is wholly dependent on him; (c) the income of – (i) the pensioner; (ii) his spouse (if any); or (iii) any other person referred to in paragraph (b) of this subsection – does not exceed $10 a week; and (d) the liquid assets of – (i) the pensioner do not exceed $1 750; (ii) the pensioner and his spouse do not exceed in total $2 750; or (iii) any other person referred to in paragraph (b) do not exceed $1 750. (2)  For the purposes of paragraph (c) of subsection (1) of this section, income does not include – (a) such a pension, annuity, or allowance as is referred to in paragraph (a) , or paragraph (b) , or paragraph (c) of the definition of pensioner in subsection (1) of section two; or (b) any sums paid to a person by way of child endowment under Part VI of the Social Services Act 1947-1970 of the Commonwealth. (3)  [Section 3 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Notwithstanding paragraph (b) of subsection (1) of this section, where the Minister is satisfied, on the report of the Secretary of the Department, that – (a) a pensioner is not eligible for the grant of an allowance solely by reason of the operation of that paragraph; and (b) the pensioner would suffer undue hardship if he is not granted an allowance – the Minister may authorize the Secretary of the Department to grant an allowance to the pensioner as if he were an eligible pensioner. (4)  [Section 3 Subsection (4) added by No. 49 of 1976, s. 2 ][Section 3 Subsection (4) amended by No. 80 of 1981, s. 3 ][Section 3 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Notwithstanding paragraphs (c) and (d) of subsection (1) , where in the case of a pensioner – (a) the income of any of the persons referred to in paragraph (c) of that subsection exceeds $10 a week; or (b) the liquid assets of – (i) the pensioner exceed $1 750; (ii) the pensioner and his spouse exceed in total $2 750; and (iii) any other person referred to in paragraph (b) of that subsection exceed $1 750 – the Minister may, if satisfied on the report of the Secretary of the Department that the pensioner would suffer undue hardship if he is not granted an allowance, authorize the Secretary of the Department to grant an allowance to the pensioner as if he were an eligible pensioner. 4Grant of allowances (1)  [Section 4 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ]On the application of a pensioner, the Secretary of the Department, if satisfied that the pensioner is an eligible pensioner, may grant him a heating allowance. (2) A heating allowance shall consist of – (a) thirty dollars; or (b) such other sum as may be prescribed – and shall be paid in three equal instalments in the months of March, July, and November. (3) A heating allowance shall, in the first instance, be granted for one year only, but it may be continued during subsequent years on a fresh application being made in each year. (4)  An application under this section shall be in the prescribed form. 5False information (1)  [Section 5 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]A person who, in an application under section four (whether made on his own behalf or on behalf of another person), knowingly makes a false statement or furnishes false information is guilty of an offence.

Penalty:  Fine not exceeding 0·2 penalty units.

(2)  [Section 5 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]Where a person to whom an allowance has been granted is convicted of an offence under this section, the Secretary of the Department may cancel the allowance. 6RegulationsThe Governor may make regulations for the purposes of this Act.