Repatriation Act 1970 (Cth)

Repatriation

No. 4 of 1970

An Act to amend the Repatriation Act 1920–1969 in relation to Service Pensions Payable to certain Married Persons suffering Illness or Infirmity, and to appropriate the Consolidated Revenue Fund for the purpose of certain Payments resulting from the Amendments.

[Assented to 24 March 1970]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Repatriation Act 1970.

(2.) The Repatriation Act 1920–1969 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Repatriation Act 1920–1970.

 

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Grant of service pensions.

3. Section 84 of the Principal Act is amended by adding at the end thereof the following sub-sections:—

“(2.) Sub-section (1aaa.) of section twenty-eight of the Social Services Act 1947–1970 does not apply for the purposes of the last preceding sub-section but, if a Board 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,

the Board may determine that the maximum rate per annum of the service pension that may be granted to the first-mentioned person is to be the maximum rate of pension per annum that would be applicable to the person under that section if the person were qualified to receive an age pension under that Act and a direction were in force in relation to the person under sub-section (1aaa.) of that section.

“(3.) Where it appears to a Board that sufficient reason exists for reviewing a determination given under the last preceding sub-section, the Board may review the determination and may affirm it or make a determination annulling it.”.

Supplementary assistance.

4. Section 98a of the Principal Act is amended by inserting after sub-section (4a.) the following sub-section:—

“(4b.) The last preceding sub-section does not apply in relation to a married person if a determination is in force in respect of that person under sub-section (2.) of section eighty-four of this Act.”.

On death of married person, widow, widower or child to receive certain benefits for three months.

5. Section 98b of the Principal Act is amended by inserting after sub-section (7.) the following sub-section:—

“(7a.) Where, immediately before the death of a person referred to in paragraph (a) or paragraph (b) of sub-section (2.) of this section, a determination made under sub-section (2.) of section eighty-four of this Act was in force in relation to the husband or wife of the person, then, for the purposes of this section—

(a) that determination shall be deemed not to have been made; and

(b)if a determination made under sub-section (2.) of section eighty-four of this Act or a direction given under sub-section (1aaa.) of section twenty-eight of the Social Services Act 1947–1970 was in force in relation to the deceased person immediately before the death of the person—that determination or direction shall be deemed not to have been made or given.”.

 

Application of amendments.

6. The amendments made by this Act apply in relation to instalments of service pensions or allowances falling due on the first pension pay day after the date of commencement of this Act and to all subsequent instalments.

Appropriation.

7.—(1.) The Consolidated Revenue Fund is appropriated to the extent necessary for the purposes of such expenditure in pursuance of the Principal Act as amended by this Act as results from this Act, being expenditure on or before the thirtieth day of June, One thousand nine hundred and seventy.

(2.) The last preceding sub-section does not prevent the issue and application of moneys, for the purposes referred to in that sub-section, in pursuance of an appropriation made by an Act other than this Act (whether passed before or after the commencement of this Act).