Social Security Act 1947 (Cth)

Text

C2004C06861

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.

                                  ARTICLE  21
                            Exchange of Information
1. The competent authorities of the Contracting Parties shall, without
limitation by Article 3, exchange such information as is necessary for the
operation of this Agreement or of the social security laws of the Contracting
Parties concerning all matters arising under this Agreement or under those
laws
other than those matters referred to in the social security laws of New
Zealand
as "Contributions Towards Cost of Domestic Purposes Benefits for Solo
Parents"
and "Medical and Hospital Benefits and other Related Benefits".
2. Any information received by the competent authority of a Contracting Party
pursuant to sub-paragraph 1 shall be disclosed only to persons or authorities
(including courts and administrative bodies) concerned with matters,
including
the determination of appeals, arising under the provisions of this Agreement
or
the social security laws of the Contracting Parties and shall be used for
other
purposes or disclosed to other persons only with the prior consent of the
competent authority who provided the information.
3. In no case shall the provisions of paragraph 1 and 2 be construed so as to
impose on the competent authority of a Contracting Party the obligation:
  (a)  to carry out administrative measures at variance with the laws of the
administrative practice of that or the other Contracting Party; or
  (b)  to supply particulars which are not obtainable under the laws or in
the
normal course of the administration of that or of the other Contracting
Party.
4. Unless there are reasonable grounds for believing the contrary, any
information received by a competent authority from the other competent
authority shall be accepted as valid or true, as the case requires.
5. A Contracting Party shall not raise any charges against the other
Contracting Party for services of an administrative nature rendered by that
first-mentioned
Contracting Party to the other in accordance with this Agreement or the
administrative arrangements made pursuant to Article 20, but that other
Contracting Party shall meet any costs or expenses which are reasonably
incurred for those services and are payable to another person or
organisation.
                                   ARTICLE 22
                                    Appeals
1. Any person who is affected by a determination, direction, decision or
approval made or given by the competent authority or an institution of a
Contracting Party, in relation to a matter arising by virtue of this
Agreement,
shall have the same rights to the review, by administrative and judicial
bodies
of that Contracting Party, of that determination, direction, decision or
approval as are provided under the domestic laws of that Contracting Party.
2. Documents relating to appeals that may be made to administrative bodies
established by, or administratively for the purposes of, the social security
laws of Australia or New Zealand may be lodged in the territory of the other
Contracting Party, respectively, in accordance with administrative
arrangements
made pursuant to Article 20 and any documents duly lodged in that manner
shall
be regarded as duly lodged for the purposes  of those laws.
3. The date on which the document is duly lodged in the territory of one of
the
Contracting Parties in accordance with paragraph 2 shall determine whether
that
document is lodged within any time limit specified by the laws or
administrative practices of the other Contracting Party which govern the
appeal concerned.
                                   ARTICLE 23
                              Review of Agreement
The Contracting Parties may agree at any time to review any of the provisions
of this Agreement and, in any case, shall, within the period of 3 years
commencing
on the date of signature of this Agreement, review the present limitation on
continuation of payment by a Contracting Party of benefits to beneficiaries
who
move outside the territory of that Contracting Party.
                            PART V-FINAL PROVISIONS
                                   ARTICLE 24
                                Entry into Force
1. This Agreement shall enter into force on the date on which the Contracting
Parties exchange notes through the diplomatic channel notifying each other
that
the last of such things has been done as is necessary to give this Agreement
the force of law in Australia and in New Zealand, as the case may be, and
thereupon
this Agreement shall have effect on and from the date specified for that
purpose in that exchange of notes.
2. When this Agreement commences to have effect, the Agreement on Social
Security between the Government of Australia and the Government of New
Zealand,
signed at Sydney on 15 April 1949, shall terminate but shall continue to have
effect in relation to all persons who, immediately prior to its termination,
were in receipt of a benefit paid by either or both of Australia and New
Zealand by virtue of that Agreement but such a person may elect to have his or
her
future entitlement in respect of that benefit determined in accordance with
this Agreement.
                                   ARTICLE 25
                                  Termination
1. Subject to paragraph 2, this Agreement shall remain in force until the
expiration of 12 months from the date on which either Contracting Party
receives from the other written notice through the diplomatic channel of the
intention of the other Contracting Party to terminate this Agreement.
2. In the event that this Agreement is terminated in accordance with
paragraph
1, the Agreement shall continue to have effect in relation to all persons
who:
  (a)  at the date of termination, are in receipt of benefits; or
  (b)  prior to the expiry of the period referred to in that paragraph, have
lodged claims for, and would be entitled to receive, benefits,
by virtue of this Agreement.
IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this
Agreement.
Done in duplicate at Melbourne this fifth day of October 1986.
FOR THE GOVERNMENT
OF AUSTRALIA:
               B. HOWE               FOR THE GOVERNMENT
                                     OF NEW ZEALAND:
                                              G. ANSELL
*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 - EXTRACTS 
SECT

EXTRACTS FROM SOCIAL SECURITY AND VETERANS' AFFAIRS LEGISLATION AMENDMENT ACT
                                      1988
Application
  3.
  (2) The amendments made by sections 9, 10, 11 and 12 apply to payments under
the Social Security Act 1947 that fall due on or after 12 June 1989.
Commencement: 12 June 1989
  (3) The amendments made by subsections 13 (1), 14 (1), 15 (1), 16 (1) and 17
(1) apply to payments under the Social Security Act 1947 that fall due on or
after 13 June 1989. Commencement: 13 June 1989
  (4) The amendment made by subsection 16 (2) applies to payments under the
Social Security Act 1947 that fall due on or after 13 December 1989.
Commencement: 13 December 1989
  (5) The amendments made by subsections 13 (2), 14 (2), 15 (2), 16 (3) and 17
(2) apply to payments under the Social Security Act 1947 that fall due on or
after 13 June 1990. Commencement: 13 June 1990
Interpretation
  9. Section 3 of the Principal Act is amended:
  (a)  by omitting from subsection (1) the definition of ''rent'' and
substituting the following definition:
     '' 'rent', in relation to a person, means amounts payable every 3
months,
or more frequently, by the person as a condition of occupancy of premises, or
a part of premises, occupied by the person as the person's principal home, and
includes:
        (a)  amounts payable by the person for services provided in a
retirement village that is the person's principal home;
        (b)  where the person is residing in a nursing home that is the
person's principal home-amounts payable by the person for accommodation in the
nursing home;
        (c)  amounts payable by the person for lodging in premises that are
the
person's principal home;
        (d)  amounts payable by the person for the use of a site for:
             (i)  a caravan or other vehicle; or
            (ii)  a structure;
          occupied by the person as the person's principal home; or
        (e)  amounts payable by the person for the right to moor a vessel
that
is occupied by the person as the person's principal home;'';
  (b)  by inserting in subsection (1) the following definitions:
     '' 'board', when used in the expression 'board and lodging', means the
provision of meals on a regular basis in connection with the provision of
lodging;
     'ineligible property owner' means a person who has a right or interest
to
which subparagraph 4 (1) (a) (i) or (ii) applies, or would apply if the value
of the person's property for the purposes of this Act were calculated in
accordance with section 4, other than a person:
        (a)  in relation to whom subsection 4 (2) applies or would apply;
        (b)  who is residing in a nursing home, other than a person who is
residing in a retirement village;
        (c)  who pays amounts for the use of a site for a caravan or other
vehicle, or a structure, that is the person's principal home; or
        (d)  who pays amounts for the right to moor a vessel that is the
person's principal home;
     'retirement village' means residential premises the accommodation in
which
is primarily intended for persons who are at least 55 years old, being
premises consisting of:
        (a)  one or more of the following kinds of accommodation:
             (i)  self-care units;
            (ii)  serviced units;
            (iii)  hostel units; and
        (b)  communal facilities for use by the occupants of the units
referred
to in paragraph (a);
       and includes residential premises that, in the Secretary's opinion,
have
similar functions to those first-mentioned residential premises;'';
  (c)  by adding at the end the following subsections:
     ''(19) Where:
     (a)  a person pays or is liable to pay amounts for board and lodging;
and
     (b)  the part of each such amount that is paid or payable in respect of
lodging is not ascertainable;
    the amount of rent paid or payable by the person shall, for the purposes
of
this Act, be taken to be two-thirds of the amounts paid or payable as
mentioned in paragraph (a).
     ''(20) Where:
     (a)  a person who is residing in a nursing home pays or is liable to pay
amounts for accommodation and other services in the nursing home; and
     (b)  the part of each such amount that is paid or payable in respect of
accommodation is not ascertainable;
    the amount of rent paid or payable by the person shall, for the purposes
of
this Act, be taken to be two-thirds of the amounts paid or payable as
mentioned in paragraph (a).
     ''(21) Unless the contrary intention appears, a reference in this Act to
a
person residing in a nursing home is a reference to a person who is:
     (a)  residing in a benevolent home or in premises at which accommodation
is provided exclusively or principally for persons who have a mental
disability;
     (b)  residing in premises that are:
         (i)  an approved nursing home for the purposes of the National
Health
Act 1953 or the Nursing Homes Assistance Act 1974;
        (ii)  an approved home for the purposes of the Aged or Disabled
Persons
Homes Act 1954; or
        (iii)  an approved hostel for the purposes of the Aged or Disabled
Persons Hostels Act 1972;
     (c)  a nursing-home type patient, within the meaning of the Health
Insurance Act 1973, of a hospital; or
     (d)  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.''.
Commencement: 12 June 1989
Calculation of value of property
  10. Section 4 of the Principal Act is amended by adding at the end the
following subsection:
  ''(12) This section has effect subject to section 4B.''.
Commencement: 12 June 1989
  11. After section 4A of the Principal Act the following section is
inserted:
Special provisions relating to residents of retirement villages
  ''4B. (1) Where:
  (a)  an unmarried person's principal home is in a retirement village; and
  (b)  the person's entry contribution was more than the extra allowable
amount; the person shall be taken, for the purposes of this Act, to have a
right or interest in his or her principal home to which subparagraph 4 (1) (a)
(i) applies.
  ''(2) Where:
  (a)  an unmarried person's principal home is in a retirement village; and
  (b)  the person's entry contribution was equal to or less than the extra
allowable amount;
then, for the purpose of this Act, whether or not the person actually has any
right or interest in relation to the person's principal home and whatever the
value of any such right or interest:
  (c)  the person shall be taken not to have a right or interest in relation
to the person's principal home;
  (d)  the person's property shall be taken to include property the value of
which is equal to the amount of the person's entry contribution; and
  (e)  paragraph 4 (1) (a) and section 6 do not apply to the property that the
person is, because of paragraph (d) of this subsection, taken to have.
  ''(3) Where:
  (a)  a married person's principal home is in a retirement village;
  (b)  the person shares that principal home with his or her spouse; and
  (c)  the person's entry contribution was more than the extra allowable
amount; the person shall be taken, for the purposes of this Act, to have a
right or interest in his or her principal home to which subparagraph 4 (1) (a)
(ii) applies.
  ''(4) Where:
  (a)  a married person's principal home is in a retirement village;
  (b)  the person shares that principal home with his or her spouse; and
  (c)  the person's entry contribution was equal to or less than the extra
allowable amount;
then, for the purposes of this Act, whether or not the person actually has any
right or interest in relation to the persons's principal home and whatever the
value of any such right or interest:
  (d)  the person shall be taken not to have a right or interest in relation
to the person's principal home;
  (e)  the person's property shall be taken to include property the value of
which is equal to the amount of the person's entry contribution; and
  (f)  paragraph 4 (1) (a) and section 6 do not apply to the property that the
person is, because of paragraph (e) of this subsection, taken to have.
  ''(5) Where:
  (a)  a married person's principal home is in a retirement village;
  (b)  a direction under subsection 33 (2) is in force in respect of the
person or the person's spouse;
  (c)  the principal home of the persons's spouse is also in a retirement
village; and
  (d)  the person's entry contribution, and the entry contribution of the
person's spouse, were each more than the extra allowable amount concerned;
then, for the purposes of this Act:
  (e)  the person shall be taken to have a right or interest in his or her
principal home to which subparagraph 4 (1) (a) (ii) applies;
  (f)  any right or interest of the person in the principal home of the
person's spouse shall be disregarded in calculating the actual value of the
person's property for the purposes of this Act; and
  (g)  any right or interest of the person's spouse in his or her principal
home, or in the person's principal home, shall be disregarded in calculating
the actual value of the property of the person's spouse for the purposes of
this Act.
  ''(6) Where:
  (a)  a married person's principal home is in a retirement village;
  (b)  a direction under subsection 33 (2) is in force in respect of the
person or the person's spouse;
  (c)  the principal home of the persons's spouse is also in a retirement
village; and
  (d)  the person's entry contribution, and the entry contribution of the
person's spouse, were each equal to or less than the extra allowable amount
concerned;
then, for the purposes of this Act, whether or not the person actually has any
right or interest in relation to the person's principal home and whatever the
value of any such right or interest;
  (e)  the person shall be taken not to have a right or interest in relation
to the person's principal home;
  (f)  the person's property shall be taken to include property the value of
which is equal to the amount of the person's entry contribution; and
  (g)  paragraph 4 (1) (a) and section 6 do not apply to the property that the
person is, because of paragraph (f) of this subsection, taken to have.
  ''(7) Where:
  (a)  a married person's principal home is in a retirement village;
  (b)  a direction under subsection 33 (2) is in force in respect of the
person or the person's spouse;
  (c)  the principal home of the person's spouse is also in a retirement
village; and
  (d)  the person's entry contribution was more than the extra allowable
amount and the entry contribution of the person's spouse was equal to or less
than the extra allowable amount;
the following provisions apply for the purposes of the application of this Act
to the person and to the person's spouse:
  (e)  the person shall be taken to have a right or interest in his or her
principal home to which subparagraph 4 (1) (a) (ii) applies;
  (f)  for the purposes of this Act, whether or not the person's spouse
actually has any right or interest in relation to the spouse's principal home
and whatever the value of any such right or interest:
      (i)  both the person, and person's spouse, shall be taken not to have a
right or interest in relation to the spouse's principal home;
     (ii)  the property of the person's spouse shall be taken to include
property the value of which is equal to the amount of the spouse's entry
contribution; and
     (iii)  paragraph 4 (1) (a) and section 6 do not apply to the property
that
the person's spouse is, because of subparagraph (ii) of this paragraph, taken
to have;
  (g)  any right or interest of the person's spouse in the person's principal
home shall be disregarded in calculating the actual value of the property of
the person's spouse for the purposes of this Act;
  (h)  for the purpose of determining under section 8 whether a pension
reduction amount is applicable to the person, or the person's spouse, that
section shall have effect as if the amount specified in each of paragraphs 8
(1) (c) and (d) were the amount worked out using the formula:
                                                     C + D
                                                       2
    where:
     C is the amount specified in paragraph 8 (1) (c);
     D is the amount specified in paragraph 8 (1) (d).
  ''(8) Where:
  (a)  a married person's principal home is in a retirement village;
  (b)  a direction under subsection 33 (2) is in force in respect of the
person or the person's spouse;
  (c)  the principal home of the person's spouse is not in a retirement
village; (d)  the right or interest of the person's spouse in his or her
principal home is to be disregarded because of subparagraph 4 (1) (a) (ii);
and
  (e)  the person's entry contribution was more than the extra allowable
amount; then:
  (f)  for the purposes of this Act, the person shall be taken to have a right
or interest in his or her principal home to which  subparagraph 4 (1) (a) (ii)
applies;
  (g)  any right or interest of the person in the principal home of the
person's spouse referred to in paragraph (d) shall be disregarded in
calculating the actual value of the person's property for the purposes of this
Act; and
  (h)  any right or interest of the person's spouse in the person's principal
home shall also be disregarded in calculating the actual value of the property
of the person's spouse for the purposes of this Act.
  ''(9) Where:
  (a)  a married person's principal home is in a retirement village;
  (b)  a direction under subsection 33 (2) is in force in respect of the
person or the person's spouse;
  (c)  the principal home of the person's spouse is not in a retirement
village; (d)  the right or interest of the person's spouse in his or her
principal home is to be disregarded because of subparagraph 4 (1) (a) (ii);
and
  (e)  the person's entry contribution was equal to or less than the extra
allowable amount;
the following provisions apply for the purposes of the application of this Act
to the person and to the person's spouse:
  (f)  for the purposes of this Act, whether or not the person actually has
any right or interest in relation to the person's principal home and whatever
the value of any such right or interest:
      (i)  both the person, and the person's spouse, shall be taken not to
have
a right or interest in relation to the person's principal home;
     (ii)  the person's property shall be taken to include property the value
of which is equal to the amount of the person's entry contribution; and
     (iii)  paragraph 4 (1) (a) and section 6 do not apply to the property
that
the person is, because of subparagraph (ii) of this paragraph, taken to have;
  (g)  any right or interest of the person in the principal home of the
person's spouse referred to in paragraph (d) shall be disregarded in
calculating the actual value of the person's property for the purposes of this
Act;
  (h)  for the purposes of determining under section 8 whether a pension
reduction amount is applicable to the person, or the person's spouse, that
section shall have effect as if the amount specified in each of paragraphs 8
(1) (c) and (d) were the amount worked out using the formula:
                                                     C + D
                                                       2
    where:
     C is the amount specified in paragraph 8 (1) (c);
     D is the amount specified in paragraph 8 (1) (d).
  ''(10) Where:
  (a)  a married person's principal home is in a retirement village;
  (b)  a direction under subsection 33 (2) is in force in respect of the
person or the person's spouse;
  (c)  the principal home of the person's spouse is not in a retirement
village; (d)  the person's spouse does not have a right or interest in his or
her principal home that is to be disregarded because of subparagraph 4 (1) (a)
(ii); and
  (e)  the person's entry contribution was more than the extra allowable
amount; the following provisions apply for the purposes of the application of
this Act to the person and to the person's spouse:
  (f)  for the purposes of this Act, the person shall be taken to have a right
or interest in his or her principal home to which subparagraph 4 (1) (a) (ii)
applies;
  (g)  any right or interest of the person's spouse in the person's principal
home shall be disregarded in calculating the actual value of the property of
the person's spouse for the purposes of this Act;
  (h)  for the purpose of determining under section 8 whether a pension
reduction amount is applicable to the person, or the person's spouse, that
section shall have effect as if the amount specified in each of paragraphs 8
(1) (c) and (d) were the amount worked out using the formula:
                                                     C + D
                                                       2
    where:
     C is the amount specified in paragraph 8 (1) (c);
     D is the amount specified in paragraph 8 (1) (d).
  ''(11) Where:
  (a)  a married person's principal home is in a retirement village;
  (b)  a direction under subsection 33 (2) is in force in respect of the
person or the person's spouse;
  (c)  the principal home of the person's spouse is not in a retirement
village; (d)  the person's spouse does not have a right or interest in his or
her principal home that is to be disregarded because of subparagraph 4 (1) (a)
(ii); and
  (e)  the person's entry contribution was equal to or less than the extra
allowable amount;
then, whether or not the person or the person's spouse actually has any right
or interest in relation to the person's principal home and whatever the value
of any such right or interest, the following provisions apply for the purposes
of the application of this Act to the person and to the person's spouse:
  (f)  both the person, and the person's spouse, shall be taken not to have a
right or interest in relation to the person's principal home;
  (g)  the person's property shall be taken to include property the value of
which is equal to the amount of the person's entry contribution; and
  (h)  paragraph 4 (1) (a) and section 6 do not apply to the property that the
person is, because of paragraph (g) of this subsection, taken to have.
  ''(12) In this section, a reference to the actual value of a married
person's property is a reference to the value of the property that is actually
property of the person rather than the person's spouse, that is, the value of
the person's property that would be used to determine the value of the
person's property, or of the property of the person's spouse, under paragraph
3 (5) (a).
  ''(13) In this section:
  'entry contribution', in relation to a person whose principal home is in a
retirement village, means:
     (a)  in the case of an unmarried person-the amount, or the sum of all
the
amounts, paid or agreed to be paid to obtain for the person a right to live in
the retirement village;
     (b)  in the case of a married person who shares his or her principal
home
with his or her spouse-an amount equal to half of:
         (i)  the amount; or
        (ii)  the sum of all the amounts;
       paid or agreed to be paid to obtain for the person and his or her
spouse
a right to live in the retirement village; or
     (c)  in the case of a married person in respect of whom, or in respect
of
whose spouse, a direction under subsection 33 (2) is in force-the amount, or
the sum of all the amounts, paid or agreed to be paid to obtain for the person
a right to live in the retirement village;
    other than amounts that are rent within the meaning of this Act;
  'extra allowable amount' means:
     (a)  in relation to a person who became entitled to take up residence in
a
retirement village before 12 June 1989:
         (i)  where the person is an unmarried person, or a married person in
respect of whom, or in respect of whose spouse, a direction under subsection
33 (2) is in force-the amount that is the difference between the amount set
out in paragraph 8 (1) (a) as in force immediately before that date and the
amount worked out under paragraph 8 (1) (b) as so in force; or
        (ii)  in any other case-the amount that is the difference between the
amounts set out in paragraphs 8 (1) (c) and (d) as in force immediately before
that date; and
     (b)  in relation to a person who became entitled to take up residence in
a
retirement village on or after 12 June 1989:
         (i)  where the person is an unmarried person, or a married person
in respect of whom, or in respect of whose spouse, a direction under
subsection 33 (2) is in force-the amount that is the difference between the
amount set out in paragraph 8 (1) (a) as in force when the person became so
entitled and the amount worked out under paragraph 8 (1) (b) as so in force;
or
        (ii)  in any other case-the amount that is the difference between the
amounts set out in paragraphs 8 (1) (c) and (d) as in force when the person
became so entitled.''.
Commencement: 12 June 1989
Pension reduction amounts
  12. Section 8 of the Principal Act is amended by adding at the end the
following subsection:
  ''(2) This section has effect subject to section 4B.''.
Commencement: 12 June 1989
Rent assistance
  13. (1) Section 36 of the Principal Act is amended:
  (a)  by inserting in subsection (1) '', other than an ineligible property
owner,'' after ''person'' (first occurring);
  (b)  by omitting paragraph (1) (a) and substituting the following
paragraph:
     ''(a)  the person pays, or is liable to pay, rent, other than Government
rent, at a rate exceeding $1,040 per year;'';
  (c)  by omitting from paragraph (3) (a) ''$780'' and substituting ''the
amount specified in paragraph (1) (a)'';
  (d)  by omitting paragraph (3) (b) and substituting the following
paragraph:
     ''(b)  the maximum amount in relation to the person;'';
  (e)  by adding at the end the following subsection:
     ''(5)  In this section:
     'maximum amount', in relation to a person, means:
        (a)  if there is at least one relevant child in relation to the
person-$1,040; and
        (b)  in any other case-$780;
     'relevant child', in relation to a person, means a child in respect of
whom:
        (a)  the maximum rate of pension applicable to the person, or the
person's spouse, is increased by a sum under subsection 33 (4); or
        (b)  the rate of service pension under Part III of the Veterans'
Entitlements Act 1986 applicable to the person's spouse is increased by a sum
under paragraph 47 (3) (a), (b) or (c) of that Act.''.
Commencement: 13 June 1989
  (2) Section 36 of the Principal Act is amended by omitting paragraphs (a)
and (b) of the definition of ''maximum amount'' in subsection (5) and
substituting the following paragraphs:
 ''(a)  if there are 3 or more relevant children in relation to the
person-$1,560;
  (b)  if there are only one or 2 relevant children in relation to the
person-$1,300; and
  (c)  in any other case-$1,040;''.
Commencement: 13 June 1990
Rent assistance
  14. (1) Section 50 of the Principal Act is amended:
  (a)  by inserting in subsection (1) '', other than an ineligible property
owner,'' after ''person'' (first occurring);
  (b)  by omitting from paragraph (1) (a) ''rent at a rate exceeding $780''
and substituting ''rent, other than Government rent, at a rate exceeding
$1,040'';
  (c)  by omitting paragraph (2) (a) and substituting the following
paragraph:
     ''(a)  the maximum amount in relation to the person;'';
  (d)  by omitting paragraph (2) (b) and substituting the following
paragraph:
      ''(b)  the amount worked out using the formula:
                                 1/2 x (ARP-RT)
        where:
          ARP is the annual rent paid or payable by the person;
          RT is the amount specified in paragraph (1) (a).'';
  (e)  by adding at the end the following subsection:
     ''(3)  In this section:
     'maximum amount', in relation to a person, means:
        (a)  if there is at least one dependent child of the person for whom
there is, within the meaning of section 49, an applicable amount-$1,040; or
        (b)  in any other case-$780.''.
Commencement: 13 June 1989
  (2) Section 50 of the Principal Act is amended by omitting paragraphs (a)
and (b) of the definition of ''maximum amount'' in subsection (3) and
substituting the following paragraphs:
  ''(a)  if there are 3 or more dependent children of the person for whom
there are, within the meaning of section 49, applicable amounts-$1,560;
  (b)  if there are only one or 2 dependent children of the person for whom
there are, within the meaning of section 49, applicable amounts-$1,300; and
  (c)  in any other case-$1,040.''.
Commencement: 13 June 1990
Rate of allowance
  15. (1) Section 74 of the Principal Act is amended:
  (a)  by omitting from paragraph (2) (a) ''person;'' and substituting
''person, other than an ineligible property owner; and'';
  (b)  by omitting paragraph (2) (b);
  (c)  by omitting from paragraph (2) (c) ''rent at a rate exceeding $15'' and
substituting ''rent, other than Government rent, at a rate exceeding $20'';
  (d)  by omitting from subsection (2) ''$15'' (second occurring) and
substituting ''$20'';
  (e)  by omitting from subsection (2) ''$15'' (last occurring) and
substituting ''the amount specified in paragraph (c)''.
Commencement: 13 June 1989
  (2) Section 74 of the Principal Act is amended:
  (a)  by omitting from subsection (2) ''increased by $20 per week'' and
substituting ''increased by the maximum amount per week in relation to the
person'';
  (b)  by adding at the end the following subsection:
     ''(8) In this section:
     'maximum amount per week', in relation to a person, means:
        (a)  if there are 3 or more relevant children in relation to the
person-$30 per week; and
        (b)  if there are only one or 2 relevant children in relation to the
person-$25 per week;
     'relevant child', in relation to a person, means a child in respect of
whom the person is qualified to receive an allowance.''. Commencement: 13 June
1990
Rent assistance
  16. (1) Section 120 of the Principal Act is amended:
  (a)  by omitting ''$15'' from paragraphs (a) and (b) of the definition of
''entitlement period'' in subsection (1) and substituting ''the threshold
amount'';
  (b)  by omitting ''or'' from paragraph (c) of the definition of ''qualified
person'' in subsection (1);
  (c)  by inserting after paragraph (d) of the definition of ''qualified
person'' in subsection (1) the following word and paragraph:
     ''or (e) is in detention.'';
  (d)  by inserting in subsection (1) the following definitions:
     '' 'detention' means detention in a prison, gaol, lock-up or other place
of lawful detention;
     'relevant child', in relation to a person, means a child in respect of
whom the rate of benefit applicable to the person is increased by a sum under
subsection 118 (11);
     'threshold amount' means $20.'';
  (e)  by omitting from paragraph (4) (c) ''and'' (last occurring);
  (f)  by inserting after paragraph (4) (d) the following word and paragraph:
     ''and (e) the person is not an ineligible property owner;'';
  (g)  by omitting from paragraph (5) (a) ''rent paid, or payable, by the
person exceeds $15'' and substituting ''rent, other than Government rent, paid
or payable by the person exceeds the threshold amount'';
  (h)  by omitting paragraph (6) (b) and substituting the following
paragraph:
     ''(b)  in relation to whom there is a relevant child;'';
  (j)  by adding at the end of subsection (6) the following word and
paragraph:
     ''and (d) who is not an ineligible property owner.'';
  (k)  by omitting from paragraph (7) (a) ''rent paid or payable by the person
exceeds $15'' and substituting ''rent, other than Government rent, paid or
payable by the person exceeds the threshold amount'';
  (m)  by omitting from paragraph (7) (b) ''$15'' and substituting ''$20''.
Commencement: 13 June 1989
  (2) Section 120 of the Principal Act is amended by omitting from paragraph
(5) (b) ''$10'' and substituting ''$15''.
Commencement: 13 December 1989
  (3) Section 120 of the Principal Act is amended:
  (a)  by inserting in subsection (1) the following definition:
     '' 'maximum amount', in relation to a person, means:
        (a)  if there are 3 or more relevant children in relation to the
person-$30; and
        (b)  if there are only one or 2 relevant children in relation to the
person-$25;'';
  (b)  by  omitting from paragraph (5) (b) ''$15'' and substituting ''$20'';
  (c)  by omitting from paragraph (7) (b) ''$20'' and substituting ''the
maximum amount in relation to the person''.
    Commencement: 13 June 1990
Incentive allowance
  17. (1) Section 143 of the Principal Act is amended:
  (a)  by omitting ''rate of $15 per week.'' and substituting ''relevant rate
in relation to the person.'';
  (b)  by adding at the end the following subsection:
     ''(2)  In this section:
     'relevant child', in relation to a person to whom sheltered employment
allowance has been granted, means a child in respect of whom a sum under
subsection 33 (4) is being taken into account in determining the amount of
instalments of sheltered employment allowance that are payable to the person;
     'relevant rate', in relation to a person to whom sheltered employment
allowance has been granted, means:
        (a)  if there is at least one relevant child in relation to the
person-$20 per week; and
        (b)  in any other case-$15 per week.''.
Commencement: 13 June 1989
  (2)  Section 143 of the Principal Act is amended by omitting paragraphs (a)
and (b) of the definition of ''relevant rate'' in subsection (2) and
substituting the following paragraphs:
  ''(a)  if there are 3 or more relevant children in relation to the
person-$30 per week;
  ''(b)  if there are only one or 2 relevant children in relation to the
person-$25 per week; and
  ''(c)  in any other case-$20 per week.''.
Commencement: 13 June 1990
Savings in relation to rent assistance in respect of payments for board and
lodging
  18. (1) Where, immediately before 12 June 1989, a person was in receipt of
rent assistance under or because of the Social Security Act 1947 in respect of
payments for board and lodging, then, subject to this section, from that date,
the person shall be taken to be entitled to receive amounts by way of rent
assistance under that Act that are not less than the amounts that the person
would have received by way of rent assistance (having regard to any reductions
in the amounts being paid from time to time by the person for board and
lodging but disregarding any increases in those amounts) if none of the
prescribed amendments had been made.
  (2) Where:
  (a)  immediately before 12 June 1989, a person was in receipt of rent
assistance under or because of the Veterans' Entitlements Act 1986 in respect
of payments for board and lodging;
  (b)  after that date, the person became entitled to be paid a relevant
pension, benefit or allowance under the Social Security Act 1947; and
  (c)  subsection 30 (1) had not ceased to apply to that person until the
person became entitled as mentioned in paragraph (b);
then, subject to this section, from the day when the person became entitled as
mentioned in paragraph (b), the person shall be taken to be entitled to
receive amounts by way of rent assistance under the Social Security Act 1947
that are not less than the amounts (if any) that the person would have
received by way of rent assistance (having regard to any reductions in the
amounts being paid from time to time by the person for board and lodging but
disregarding any increases in those amounts) if none of the prescribed
amendments had been made.
  (3) Subsection (1) or (2) ceases to apply to a person:
  (a)  when the person ceases to be entitled to any relevant pension, benefit
or allowance under the Social Security Act 1947;
  (b)  when the person ceases to be a boarder; or
  (c)  when the amount of rent assistance that the person would be entitled to
receive because of that subsection is less than or equal to the amount of rent
assistance that the person is entitled to receive under the provisions of the
Social Security Act 1947 as in force after 12 June 1989;
and neither subsection (1) nor subsection (2) again applies to a person after
it has ceased to apply to the person because of this subsection.
  (4) In this section, references to payments for board and lodging include
references to payments for accommodation and other services provided to a
person who is residing in a nursing home.
  (5) In this section:
  ''boarder'' means a person who ordinarily lives on premises where the person
is provided with board and lodging;
  ''prescribed amendments'' means:
     (a)  any amendments of section 36 of the Social Security Act 1947 made
on
or after 12 June 1989, except the ones made by paragraphs 13 (1) (b) and (c)
of this Act;
     (b)  any amendments of section 50 of the Social Security Act 1947 made
on
or after 12 June 1989, except the ones made by paragraphs 14 (1) (b) and (d)
of this Act;
     (c)  any amendments of subsection 74 (2) of the Social Security Act 1947
made on or after 12 June 1989, except the ones made by paragraphs 15 (1) (c)
and (e) of this Act; and
     (d)  any amendments of section 120 of the Social Security Act 1947 made
on
or after 12 June 1989, except the ones made by paragraphs 16 (1) (a), (d), (g)
and (k) of this Act;
  ''relevant pension, benefit or allowance'' means a pension, benefit or
allowance under the Social Security Act 1947 that may include, or be increased
by, an amount by way of rent assistance;
  ''rent assistance'' means an increase in the amount, maximum amount or rate
of a pension, benefit or allowance under the Social Security Act 1947, being
an increase under or because of any of the following provisions of that Act:
     (a)  section 36;
     (b)  section 50;
     (c)  subsection 74 (2);
     (d)  subsections 120 (5) and (7).
Commencement: 12 June 1989
Savings in relation to rent assistance for residents of retirement villages
  19. (1) Where, immediately before 3 November 1988, a person was in receipt
of rent assistance under or because of the Social Security Act 1947 in respect
of payments for services provided in a retirement village, then, subject to
this section, from 12 June 1989 the person shall be taken to be entitled to
receive amounts by way of rent assistance under that Act that are not less
than the amounts that the person would have received by way of rent assistance
if none of the prescribed amendments had been made.
  (2) Where:
  (a)  immediately after 12 June 1989 a person was in receipt of rent
assistance because of the operation of subsection 31 (1);
  (b)  after 12 June 1989 the person became entitled to be paid a relevant
pension, benefit or allowance under the Social Security Act 1947; and
  (c)  subsection 31 (1) had not ceased to apply to that person until the
person became entitled as mentioned in paragraph (b);
then, subject to this section, from the day when the person became entitled as
mentioned in paragraph (b), the person shall be taken to be entitled to
receive amounts by way of rent assistance under the Social Security Act 1947
that are not less than the amounts (if any) that the person would have
received by way of rent assistance if none of the prescribed amendments had
been made.
  (3) Subsection (1) or (2) ceases to apply to a person whose principal home
was in a retirement village immediately before 3 November 1988:
  (a)  when the person ceases to be entitled to any relevant pension, benefit
or allowance under the Social Security Act 1947; or
  (b)  when the person's principal home ceases to be in that retirement
village; and neither subsection (1) nor subsection (2) again applies to a
person after it has ceased to apply to the person because of this subsection.
  (4) In this section:
  ''prescribed amendments'' means the amendments of the Social Security Act
1947 made by paragraphs 9 (b) (to the extent that it inserts a definition of
''ineligible property owner'' in subsection 3 (1) of that Act), 13 (1) (a), 14
(1) (a), 15 (1) (a) and 16 (1) (f) of this Act;
  ''relevant pension, benefit or allowance'' means a pension, benefit or
allowance under the Social Security Act 1947 that may include, or be increased
by, an amount by way of rent assistance;
  ''rent assistance'' means an increase in the amount, maximum amount or rate
of a pension, benefit or allowance under the Social Security Act 1947, being
an increase under or because of any of the following provisions of that Act:
     (a)  section 36;
     (b)  section 50;
     (c)  subsection 74 (2);
     (d)  subsections 120 (5) and (7).
Commencement: 12 June 1989
                     Division 4-Insertion of new Schedule 3
Insertion of new Schedule 3
  20. The Principal Act is amended by omitting Schedule 3 and substituting the
Schedule set out in Schedule 1 to this Act.
Commencement: 1 March 1989
                                     SCHEDULE                         Section
20 ''SCHEDULE 3
                                                                      Section
65 AGREEMENT
                                    between
                          THE GOVERNMENT OF AUSTRALIA
                                    and the
                           GOVERNMENT OF NEW ZEALAND
                      providing for reciprocity in matters
                          relating to social security
The Government of Australia and
The Government of New Zealand,
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 covered by this
Agreement to social security benefits provided for under the laws of both
countries, and WISHING to modify the Agreement providing for reciprocity in
matters relating to social security which they entered into on the Fifth day
of October 1986 by means of a consolidated document,
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 New Zealand 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 New Zealand, the Director-General of Social
Welfare or an authorised representative of the Director-General or, if either
no longer exists, such other officer or body as the responsible Minister for
the Party concerned notifies to the responsible Minister for the other Party;
  (d)  'New Zealand benefit' means a benefit referred to in Article 2 in
relation to New Zealand; and
  (e)  'social security laws' means in relation to a Party, the laws specified
in Article 2 in relation to that Party.
2.  This Agreement applies:
  (a)  in relation to Australia, to its external territories in the same
manner as the social security laws of Australia apply to those territories;
and
  (b)  in relation to New Zealand, to New Zealand only and not to the Cook
Islands, Niue or Tokelau,
and references to 'Australia', 'New Zealand' or 'territory' in relation to
either of them shall be read accordingly.
3.  In the application by a Party of this Agreement in relation to a person,
any term not defined in this Article shall, unless the context otherwise
requires, have the meaning assigned to it in the social security laws of
either Party or, in the event of a conflict of meanings, by whichever of those
laws is the more applicable to the circumstances of that person.
                                   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, apply to or affect the following benefits:
      (i)  age pensions;
     (ii)  invalid pensions;
     (iii)  wives' pensions;
     (iv)  carers' pensions;
     (v)  widows' pensions;
     (vi)  supporting parents' benefits;
    (vii)  unemployment benefits;
     (viii)  sickness benefits; and
     (ix)  family allowances; and
  (b)  in relation to New Zealand: the Social Security Act 1964 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, apply to or affect the following benefits:
      (i)  national superannuation;
     (ii)  invalids' benefits;
     (iii)  widows' benefits;
     (iv)  domestic purposes benefits;
      (v)  unemployment benefits;
     (vi)  sickness benefits;
     (vii)  orphans' benefits; and
    (viii)  family benefits.
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
Party.
3.  The competent authorities of the 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 Parties, promptly
after the first-mentioned legislation is enacted.
                                   Article 3
                             Equality of Treatment
A Party shall treat all persons affected by this Agreement equally in regard
to rights and obligations that arise by virtue of this Agreement.
                               PART II-RESIDENCE
                                   Article 4
        Entitlement to Benefits During Residence or Presence in a Country
1.  For the purposes of this Agreement and of the Social Security laws of
Australia, where a person who is ordinarily resident in New Zealand has
travelled directly from New Zealand to Australia and:
  (a)  has been in Australia for a continuous period of at least 26 weeks
immediately prior to lodging a claim for an Australian benefit; or
  (b)  has a bona fide intention to remain in Australia for more than 26
weeks, he or she shall be deemed to be an Australian resident.
2.  For the purposes of this Agreement and of the Social Security laws of New
Zealand, where an Australian resident has travelled directly from Australia to
New Zealand and:
  (a)  has been in New Zealand for a continuous period of at least 26 weeks
immediately prior to lodging a claim for a New Zealand benefit; or
  (b)  has a bona fide intention to remain in New Zealand for more than 26
weeks, he or she shall be deemed to be ordinarily resident in New Zealand.
                                   Article 5
Recognition of Periods of Residence in New Zealand and Periods as an
Australian
                                    Resident
1.  Where a person is an Australian resident and is claiming an Australian
benefit each period in which that person was resident in New Zealand shall be
deemed, only for the purposes of meeting any minimum qualifying periods for
that claim, to be a period as an Australian resident.
2.  Where a person is residing in New Zealand and is claiming a New Zealand
benefit each period in which that person was an Australian resident or, as
appropriate, in which a related person was an Australian resident shall be
deemed, only for the purposes of meeting any minimum qualifying periods for
that claim, to be a period of residence in New Zealand.
3.  In paragraphs 1 and 2 'benefit' does not include unemployment benefit.
4.  In paragraph 2 'related person' means:
  (a)  the spouse of the claimant;
  (b)  the last deceased spouse of the claimant;
  (c)  a child in respect of whom the benefit referred to in paragraph 2 is
claimed; or
  (d)  the last surviving parent, or the deceased parent formerly responsible
for the care and control, of a child,
as the circumstances require.
5.  Subject to paragraph 6, the question as to whether a person is or, at any
past time, was an Australian resident or residing in New Zealand for the
purposes of this Agreement shall be determined by reference to the domestic
laws of the relevant Party.
6.  Where, for a period, a person is both an Australian resident and a
resident of New Zealand, that period shall be counted:
  (a)  in relation to a claim for an Australian benefit, only as a period as
an Australian resident; and
  (b)  in relation to a claim for a New Zealand benefit, only as a period of
residence in New Zealand.
7.  In relation to a claim by a person under this Agreement for national
superannuation any periods in which that person was an Australian resident and
was present in Australia shall, for the purposes of that claim, be deemed to
be periods in which that person was resident and present in New Zealand.
                      III-PROVISIONS RELATING TO BENEFITS
                                   Article 6
                Payment of Supplementary and Additional Amounts
Where a benefit is payable by a Party by virtue of this Agreement to or in
respect of a person, there shall also be payable any supplement or additional
amount that is payable, in addition to that benefit, to or in respect of a
person who qualifies for that supplement or additional amount under the social
security laws of that Party.
                                   Article 7
        Entitlement to Payment by New Zealand of National Superannuation
A person shall not be entitled by virtue of this Agreement to the payment by
New Zealand of national superannuation unless that person is of an age at
which an age pension may be payable to the person under the social security
laws of Australia.
                                   Article 8
          New Zealand Widows', Domestic Purposes and Orphans' Benefits
Where a widow's benefit, a domestic purposes benefit or an orphan's benefit
would be payable by New Zealand but for the fact that a child to whom that
benefit would relate was born in Australia, that child shall, for the purposes
of a claim for that benefit, be deemed to have been born in New Zealand.
                                   Article 9
                              Unemployment Benefit
1.  This Article applies to any person who is in the territory of a Party and
whose right to remain in that territory is dependent on that person being a
citizen of the other Party.
2.  Subject to paragraph 4, a person to whom this Article applies shall not be
qualified to receive unemployment benefit from a Party unless the person:
  (a)  has been continuously present in the territory of that Party for not
less than 6 months since the date of his or her most recent arrival in that
territory;
  (b)  satisfies the competent authority of that Party, by reference to the
person's circumstances, or his or her work history in that territory, that the
person has permanently settled in that territory; and
  (c)  meets those criteria which are specified for that benefit by the social
security laws of that Party.
3.  For the purposes of subparagraph 2 (b):
  (a)  a person shall be deemed to satisfy the requirements in relation to
work history in the territory of a Party if, since the date referred to in
subparagraph 2 (a), the person has undertaken paid work for 8 weeks of at
least 30 hours per week; and
  (b)  consideration of a person's circumstances shall include consideration
of: (i)  the person's family arrangements;
     (ii)  the housing or accommodation arrangements of the person and, if
applicable, of the spouse and children of the person, whether in the territory
of the Party concerned, of the other Party or elsewhere, including actions
such as the purchase or lease of a home in the first-mentioned territory and
the disposal of a former home in the other territory or elsewhere; and
     (iii)  the arrangements made by the person in regard to any bank or
comparable accounts, the transfer, disposal or location of any property, and
taxation clearances.
4.  This Article shall not apply to a person who has been:
  (a)  in relation to Australia, an Australian resident; or
  (b)  in relation to New Zealand, resident in New Zealand, for the period of
12 months  immediately preceding the date on which the person lodges a claim
for unemployment benefit in, respectively, Australia or New Zealand.
5.  For the purposes of paragraph 4, a period as an Australian resident or of
residence in New Zealand in relation to a person  shall include any period or
periods of temporary absence by that person that do not exceed in the
aggregate 2 calendar months, and that do not break the continuity of that
period as an Australian resident or of residence of New Zealand.
                                   Article 10
          Supporting Parents' Benefits and Domestic Purposes Benefits
1.  This Article applies to any person who is in the territory of a Party and
whose right to remain in that territory is dependent on that person being a
citizen of the other Party.
2.  Subject to paragraph 3, a person to whom this Article applies shall not be
granted a supporting parents' benefit or a domestic purposes benefit by a
Party unless, in addition to meeting the requirements for that benefit of the
social security laws of that Party, the person has been continuously present
in the territory of that Party for not less than 6 months since the date of
his or her most recent arrival in that territory.
3.  This Article shall not apply to a person who has been:
  (a)  in relation to Australia, an Australian resident; or
  (b)  in relation to New Zealand, resident in New Zealand,
for the period of 12 months immediately preceding the date on which the person
lodges a claim, in Australia, for supporting parents' benefit or, in New
Zealand, for domestic purposes benefit.
4.  For the purposes of paragraph 3, a period as an Australian resident or of
residence in New Zealand in relation to a person:
  (a)  shall include any period or periods of temporary absence by that person
that do not exceed in the aggregate 2 calendar months, and that do not break
the continuity of that period as an Australian resident or of residence in New
Zealand; and
  (b)  shall not include any period deemed by Article 5 to be a period as an
Australian resident or a period of residence in New Zealand.
                                   Article 11
                       Wife's Pension and Carer's Pension
A person who receives from Australia a wife's pension or a carer's pension by
virtue of the fact that the spouse of that person receives, by virtue of this
Agreement, an Australian benefit shall, for the purposes of this Agreement, be
deemed to receive that pension by virtue of this Agreement.
                                   Article 12
                                Sickness Benefit
1.  This Article applies to a person who, immediately before leaving New
Zealand, was receiving a New Zealand sickness benefit or an analagous
emergency benefit payable under the Social Security Act 1964 of New Zealand.
2.  Where a person to whom this Article applies:
  (a)  has moved directly from New Zealand to Australia, without passing
through a third country;
  (b)  has remained incapacitated for work since arrival in Australia; and
  (c)  claims an Australian sickness benefit within 4 weeks of that arrival,
that person shall be deemed for the purposes of that claim to have suffered a
loss of income by reason of that incapacity amounting to the maximum rate of
Australian sickness benefit applicable to that person.
3.  A person who qualifies for an Australian sickness benefit under paragraph
2 shall, subject to the social security laws of Australia, be paid that
benefit from the date of that person's arrival in Australia.
                        PART IV-REIMBURSEMENT PROVISIONS
                                   Article 13
                  Reimbursement of Certain Australian Benefits
1.  Where by virtue of this Agreement or otherwise a person receives from
Australia:
  (a)  an age pension;
  (b)  an invalid pension;
  (c)  a widow's pension;
  (d)  a wife's pension;
  (e)  a rehabilitation allowance under Part XVI of the Social Security Act
1947 of Australia which is paid in lieu of an invalid pension or a widow's
pension; or
  (f)  an allowance granted under Part XIV of the Social Security Act 1947 of
Australia,
and, when that person left New Zealand, had lodged a claim for and would have
been entitled to receive, or was receiving,
  (g)  national superannuation;
  (h)  an invalid's benefit; or
   (i)  a widow's benefit,
otherwise than by virtue of the Agreement, then New Zealand will reimburse
Australia the full cost of the Australian benefit subject to paragraphs 3 and
4. 2.  A supplement or additional amount payable by Australia in addition to a
benefit referred to in subparagraphs 1 (a) to 1 (f) inclusive shall for the
purposes of paragraph 1 be deemed to be part of that benefit.
3.  The Australian benefits described in subparagraphs 1 (a) to 1 (f)
inclusive which are subject to reimbursement by New Zealand shall be those
granted by Australia to persons who leave New Zealand on or after the First
day of April 1989.
4.  New Zealand shall not be required to reimburse Australia for payment of
the benefits listed in subparagraphs 1 (a) to 1 (f) inclusive after a
recipient has left Australia permanently or has been absent from Australia for
more than 26 weeks unless and until that recipient returns to Australia when
the obligation to reimburse shall revive.
5.  At least 2 months before the start of any New Zealand financial year while
this Agreement is in effect the competent authority for Australia will supply
to the competent authority for New Zealand a written estimate of the amount of
the reimbursable benefits Australia expects to pay in that financial year.
6.  Within 3 months from the start of a New Zealand financial year referred to
in paragraph 5, New Zealand shall pay to Australia the amount of the estimate
given under paragraph 5 for that financial year.
7.  Within 3 months from the end of a New Zealand financial year referred to
in paragraph 5 the competent authority for Australia shall provide to the
competent authority for New Zealand a written reconciliation statement
covering the amounts of reimbursable benefits estimated and actually paid for
and in that financial year. 8.  If the reconciliation statement described in
paragraph 7 shows that an amount of money should be paid by one Party to the
other to balance the payments in the relevant New Zealand financial year then
that amount shall be paid within 3 months from receipt of that statement.
                        PART V-MISCELLANEOUS PROVISIONS
                                   Article 14
                 Payment of Benefits During Temporary Absences
1.  Subject to the provisions of this Agreement, where Australia pays:
  (a)  an age pension;
  (b)  an invalid pension;
  (c)  a wife's pension;
  (d)  a widow's pension;
  (e)  an allowance granted under Part XIV of the Social Security Act of
Australia;
  (f)  a rehabilitation allowance under Part XVI of the Social Security Act
1947 of Australia which is paid in lieu of an invalid pension or a widow's
pension; or
  (g)  a family allowance,
by virtue of this Agreement, that benefit (apart from any rent assistance)
shall not, for a period of up to 26 weeks, cease to be payable by reason only
of a temporary absence from Australia.
2.  Subject to the provisions of this Agreement, where New Zealand pays:
  (a)  national superannuation;
  (b)  an invalid's benefit;
  (c)  a widow's benefit;
  (d)  an orphan's benefit; or
  (e)  a family benefit,
by virtue of this Agreement, that benefit shall not, for a period of up to 26
weeks, cease to be payable by reason only of a temporary absence from New
Zealand.
3.  A carer's pension (apart from any rent assistance) payable by virtue of
this Agreement or otherwise shall not, for a period of up to 26 weeks, cease
to be payable by reason only of a temporary absence of the beneficiary from
Australia in New Zealand.
4.  Where a person who resides in Australia left New Zealand with a bona fide
intention to remain outside New Zealand for a period of 26 weeks or less and
continued to receive from New Zealand national superannuation, an invalid's
benefit, a widow's benefit, an orphan's benefit or a family benefit after that
person's departure from New Zealand, subsequently decides to remain in
Australia for longer than 26 weeks, the competent authority for New Zealand
shall not establish an overpayment of such a benefit by reason of that
person's departure from New Zealand.
                                   Article 15
         Exclusion of New Zealand Benefits from Australian Income Test
Where a benefit is paid by Australia to a person who is in New Zealand and a
benefit is also paid by New Zealand to that person, the amount of the benefit
paid by New Zealand shall not be included in the income of that person for the
purposes of the social security laws of Australia.
                                   Article 16
                            Recovery of Overpayments
1.  Where:
  (a)  an amount paid by one of the Parties to a person in respect of a
benefit exceeds the amount, if any, that is properly payable, whether by
virtue of this Agreement or otherwise, in respect of that benefit; and
  (b)  a benefit is payable by the other Party to that person, whether by
virtue of this Agreement or otherwise,
the competent authority of that other Party shall, if requested by the other
competent authority to do so, and in accordance with this Article, deduct the
amount equivalent to the excess payment referred to in subparagraph (a) from
amounts due in respect of the last-mentioned benefit.
2.  The amount of an excess payment referred to in paragraph 1 shall be the
amount determined by the competent authority of the Party by whom the excess
payment was made.
3.  The rate of deductions made in accordance with paragraph 1 from amounts
due in respect of a benefit, and any incidental or related matters, shall be
determined by the competent authority of the Party by whom that benefit is
payable, in accordance with the social security laws of that Party.
4.  In cases where excess payments cannot be recovered by deductions from
other benefits under paragraph 1, a competent authority, if requested by the
other competent authority, shall assist the latter in endeavouring to arrange
for repayment by the recipient of those excess payments.
5.  Amounts deducted by one of the Parties in accordance with paragraph 1, and
any amounts received by that Party pursuant to arrangements referred to in
paragraph 4, shall be remitted to the other Party as agreed between the
competent authorities or in administrative arrangements made pursuant to
Article 17.
6.  In this Article, 'benefit' is not limited to those benefits specified in
Article 2.
                                   Article 17
                          Administrative Arrangements
1.  The competent authorities of the Parties shall make whatever
administrative arrangements are necessary from time to time in order to
implement this Agreement, and to enable benefits payable by one of the
Parties, whether by virtue of this Agreement or otherwise, to persons who are
residing in, or who are in, the territory of the other Party to be paid to
those persons on behalf of the first-mentioned Party by that other Party.
2.  Where arrangements of the kind referred to in paragraph 1 are required to
be made on a mutual basis, the competent authorities shall co-operate both in
regard to matters affecting the operation of both social security systems and
of each of them.
3.  A benefit payable by one of the Parties by virtue of this Agreement shall
be paid by that Party without deduction for administrative fees and charges.
                                   Article 18
                            Exchange of Information
1.  The competent authorities of the Parties shall exchange such information
as is necessary for the operation of this Agreement or of the social security
laws of the Parties concerning all matters arising under this Agreement or
under those laws other than those matters referred to in the social security
laws of New Zealand as 'Contributions Towards Cost of Domestic Purposes
Benefits for Solo Parents' and 'Medical and Hospital  Benefits and other
Related Benefits'.
2.  Any information received by the competent authority of a Party pursuant to
paragraph 1 shall be disclosed only to persons or authorities (including
courts and administrative bodies) concerned with matters, including the
determination of appeals, arising under the provisions of this Agreement or
the social security laws of the Parties and shall be used for other purposes
or disclosed to other persons only with the prior consent of the competent
authority who provided the information.
3.  In no case shall the provisions of paragraphs 1 and 2 be construed so as
to impose on the competent authority of a Party the obligation:
  (a)  to carry out administrative measures at variance with the laws or the
administrative practice of that or the other Party; or
  (b)  to supply particulars which are not obtainable under the laws or in the
normal course of the administration of that or of the other Party.
4.  A Party shall not raise any charges against the other Party for services
of an administrative nature rendered by that first-mentioned Party to the
other in accordance with this Agreement or the administrative arrangements
made pursuant to Article 17, but that other Party shall meet any costs or
expenses which are reasonably incurred for those services and are payable to
another person or organisation.
                                   Article 19
                              Reviews and Appeals
Any person who is affected by a decision of the competent authority of a Party
in relation to a matter arising by virtue of this Agreement shall have the
same rights to review by, or appeal to, administrative and judicial bodies of
that Party as are provided under the domestic laws of that Party.
                                   Article 20
                              Review of Agreement
The Parties may agree at any time to review any of the provisions of this
Agreement and, in any case, shall, within the period of 2 years commencing on
the date on which this Agreement comes into effect, review the present
limitation on continuation of payment by a Party of benefits to persons who
move outside the territory of the Party.
                            PART VI-FINAL PROVISIONS
                                   Article 21
                                Entry into Force
1.  This Agreement shall enter into force on the date on which the Parties
exchange notes through the diplomatic channel notifying each other that the
last of such things has been done as is necessary to give this Agreement the
force of law in Australia and in New Zealand, as the case may be, and
thereupon this Agreement shall have effect on and from the date specified for
that purpose in that exchange of notes.
2.  Subject to paragraph 3, when this Agreement commences to have effect the
Agreement on Social Security between the Government of Australia and the
Government of New Zealand, signed at Melbourne on the Fifth day of October
1986, shall terminate and persons who were receiving benefits under that 1986
Agreement shall receive those benefits by virtue of this Agreement.
3.  This Article shall not affect the provisions of paragraph 2 of Article 24
of the Agreement on Social Security between the Government of Australia and
the Government of New Zealand signed at Melbourne on the Fifth day of October
1986.
                                   Article 22
                                  Termination
1.  Subject to paragraph 2, this Agreement shall remain in force until the
expiration of 12 months from the date on which either Party receives from the
other written notice through the diplomatic channel of the intention of the
other Party to terminate this Agreement.
2.  In the event that this Agreement is terminated in accordance with
paragraph 1, the Agreement shall continue to have effect in relation to all
persons who:
  (a)  at the date of termination, are in receipt of benefits; or
  (b)  prior to the expiry of the period referred to in that paragraph, have
lodged claims for, and would be entitled to receive, benefits,
by virtue of this Agreement.
IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed this
Agreement.
Done in duplicate at Canberra this 31st day of October 1988.
           FOR THE GOVERNMENT
             OF AUSTRALIA:
               BRIAN HOWE                          FOR THE GOVERNMENT
                                                    OF NEW ZEALAND:
                                                   GEOFFREY PALMER''.

SOCIAL SECURITY ACT 1947 - EXTRACTS 
SECT

      EXTRACTS FROM SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1988
Application
  3.
  (10) The amendment made by section 40 applies to payments of benefits and
allowances under the Social Security Act 1947 that fall due on or after 1
February 1989.
Commencement: 1 February 1989
  (13) The amendments made by section 46 apply to claims for unemployment
benefit under the Social Security Act 1947 lodged on or after 1 February
1989.
Commencement: 1 Feburary 1989
Transitional provisions
  4.
  (2) In spite of the repeal effected by section 11, Part V of the Social
Security Act 1947, and any other provisions of that Act relating to the
operation of that Part, as in force immediately before the commencement of
that section, continue to have effect until 31 December 1989 in relation to
class C widows within the meaning of that Part who become class C widows
because of a death of a man before 17 February 1989.
Commencement: 1 March 1989
  (3) A person who, immediately before 1 March 1989, was in receipt of:
  (a)  a widow's pension as a class A widow under Part V of the Social
Security Act 1947 as then in force; or
  (b)  a supporting parent's benefit under Part VI of the Social Security Act
1947 as then in force;
shall be taken to have been granted a sole parent's pension under Part V of
the Social Security Act 1947 as amended by this Act with effect from 1 March
1989. Commencement: 1 March 1989
  (4) A person who, immediately before 1 March 1989, was in receipt of a
widow's pension as a class B widow under Part V of the Social Security Act
1947 as then in force shall be taken to have been granted a class B widow's
pension under Schedule 1B of the Social Security Act 1947 as amended by this
Act with effect from 1 March 1989.
Commencement: 1 March 1989
  (5) A reference in an Act other than the Social Security Act 1947 to widow's
pension under, or pension under Part V of, the Social Security Act 1947 shall,
in relation to matters that occur on or after 1 March 1989, be read as a
reference to pension under Part V or Schedule 1B, or allowance under Part VI,
of the Social Security Act 1947.
Commencement: 1 March 1989
  (6) A reference in an Act other than the Social Security Act 1947 to
supporting parent's benefit under, or benefit under Part VI of, the Social
Security Act 1947 shall, in relation to matters that occur on or after 1 March
1989 be read as a reference to pension under Part V of the Social Security Act
1947.
Commencement: 1 March 1989
Interpretation
  6. Section 3 of the Principal Act is amended:
  (d)  by adding at the end the following subsections:
     ''(16) A reference in this Act to sole parent's pension under Part V
shall, in relation to matters that occurred before 1 March 1989, be read as a
reference to widow's pension as a class A widow under Part V of this Act as in
force at any time before 1 March 1989 or supporting parent's benefit under
Part VI of this Act as in force at any time before 1 March 1989.
     ''(17) A reference in this Act to class B widow's pension under Schedule
1B shall, in relation to matters that occurred before 1 March 1989, be read as
a reference to widow's pension as a class B widow under Part V of this Act as
in force at any time before 1 March 1989.
     ''(18) A reference in this Act to widowed person's allowance under Part
VI
shall, in relation to matters that occurred before 1 March 1989, be read as a
reference to widow's pension as a class C widow under Part V of this Act as in
force at any time before 1 March 1989.''.
Commencement: 1 March 1989
  11. Parts V and VI of the Principal Act are repealed and the following Parts
are substituted:
                         ''PART V-SOLE PARENT'S PENSION
                            ''Division 1-Preliminary
Interpretation
  ''43. (1) In this Part, unless the contrary intention appears:
  'dependent child', in relation to a person, includes a child who is being
wholly or substantially maintained by the person;
  'dependent female' means a woman who for at least 3 years immediately before
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;
  'qualifying child', in relation to a person, means a dependent child of that
person:
     (a)  who is under the age of 16 years; or
     (b)  in respect of whom the person is qualified to receive a child
disability allowance;
    being a child:
     (c)  who is a natural or adopted child of the person;
     (d)  who is in the legal custody of the person;
     (e)  if the person has ever been a married person-who was being
maintained
by the person immediately before the person became a single person; or
     (f)  who:
         (i)  has been wholly or substantially in the care and control of the
person for a period of at least 12 months immediately before the day when the
person lodged a claim for sole parent's pension; and
        (ii)  in the Secretary's opinion, is likely to remain wholly or
substantially in the person's care and control permanently or indefinitely;
  'single 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 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:
         (i)  that results in the spouse being unable to care for a child;
and
        (ii)  that the Secretary is satisfied is likely to continue
indefinitely.
  ''(2) For the purposes of the definition of 'single 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 an
offence.
             ''Division 2-Qualifications for Sole Parent's Pension
Qualifications for sole parent's pension
  ''44. (1) A person is qualified to receive a sole parent's pension if:
  (a)  the person is a single person;
  (b)  the person has a qualifying child;
  (c)  the person satisfies the requirements relating to residence in
Australia set out in section 45, or section 46 applies to the person; and
  (d)  section 47 does not apply in relation to the person.
  ''(2) A person is qualified to receive a sole parent's pension if:
  (a)  the person became qualified to receive widow's pension as a class C
widow under Part V of this Act as in force at any time before 1 March 1989 or
becomes qualified to receive a widowed person's allowance;
  (b)  the person would not have become so qualified but for subsection 46 (1)
of this Act as in force before the commencement of this section or section 57;
and
  (c)  before the expiration of the period during which:
      (i)  widow's pension is payable to her as a class C widow; or
     (ii)  widowed person's allowance is payable to her;
    she becomes a single person who, but for paragraph 44 (c), would be
qualified to receive a sole parent's pension.
Requirements as to Australian residence
  ''45. A person who has made a claim for a sole parent's pension satisfies
the requirements relating to residence in Australia if:
  (a)  on the day when the person lodged the claim, the person was an
Australian resident and was in Australia; and
  (b)  at least one of the following conditions is satisfied in relation to
the person:
      (i)  if the person has only one qualifying child-that child became a
qualifying child of the person while the person was an Australian resident;
     (ii)  if the person has 2 or more qualifying children-one of those
qualifying children became a qualifying child of the person while the person
was an Australian resident;
     (iii)  if the person has ever been a married person-the person was an
Australian resident immediately before the person became a single person;
     (iv)  the person had been an Australian resident for a continuous period
of at least 5 years immediately before the day when the person lodged the
claim;
     (v)  the person has, at any time, been an Australian resident for a
continuous period of at least 10 years.
Modification of residence requirements in certain cases
  ''46. (1) This section applies to a woman who has not resided in Australia
at any time since 7 May 1973 if:
  (a)  either:
      (i)  if the woman was a wife immediately before becoming a widow-she
and
her husband were residing permanently in Australia when she became a widow;
or
     (ii)  if the woman is a widow because she is a dependent female-she and
the man in respect of whom she was a dependent female were residing
permanently in Australia when she became a widow; and
  (b)  in the Secretary's opinion, she is a person who is in special need of
financial assistance.
  ''(2) This section applies to a woman who became a widow by reason of the
death of a man if:
  (a)  immediately before the man's death, she was receiving:
      (i)  a wife's pension under Part IV because the man was a person
referred
to in subsection 37 (1) or (2); or
     (ii)  a wife's service pension under Part III of the Veterans'
Entitlements Act 1986; and
  (b)  she was not in Australia at the time of the man's death.
Sole parents required to claim maintenance in some cases
  ''47. This section applies to a person (in this section called the 'sole
parent') if:
  (a)  the sole parent is entitled to claim maintenance from another person
for himself or herself for a dependent child of the sole parent;
  (b)  the Secretary considers that it is reasonable that the sole parent
should have taken action to obtain maintenance from the other person; and
  (c)  the sole parent has not taken such action as the Secretary considers
reasonable to obtain appropriate maintenance from the other person.
                   ''Division 3-Rate of sole parent's pension
Rate of sole parent's pension
  ''48. (1) Subject to subsection (4), the annual rate of sole parent's
pension payable to a person is worked out, as provided in subsection (2), by
taking the maximum age or invalid pension rate, increasing that rate by
amounts in respect of the person's dependent child or children and, if
appropriate, by an amount of rent assistance, and, if necessary, reducing that
rate having regard to the person's income or assets.
  ''(2) The annual rate of sole parent's pension payable to a person is the
rate worked out using the formula:
                               AIP + DC + RA - IA
where:
  AIP        is the maximum rate of age or invalid pension specified in
             paragraph 33 (1) (a);
  DC         is the amount in respect of the person's dependent child or
             children worked out as provided by section 49;
  RA         is the annual amount (if any) payable under section 50 by way of
             rent assistance;
  IA         is the amount (if any) in respect of the person's income or
assets
             worked out as provided by section 51.
  ''(3) Where the annual rate of sole parent's pension payable to a person is
reduced having regard to the person's income or assets as mentioned in
subsection (1), then, for the purpose of determining the kinds of payments
that are included in a payment of the sole parent's pension, the amount in
respect of the person's income or assets (in this subsection called the
'income or assets amount') worked out as provided by section 51 shall be taken
to have been deducted:
       (a)  first, from the amount that represents the maximum rate of age or
invalid pension specified in paragraph 33 (1) (a);
  (b)  then, to the extent that any part of the income or assets amount
remains undeducted-from the amount (if any) payable under section 50 by way of
rent assistance; and
  (c)  finally, to the extent that any part of the income or assets amount
still remains undeducted-from the amount in respect of the person's dependent
child or children worked out as provided by section 49.
  ''(4) The rate of a sole parent's pension payable to a person who is
qualified for a sole parent's pension by reason of being a person referred to
in paragraph (d) of the definition of 'single person' in subsection 43 (1) is
a rate equal to the rate of age pension that would be payable to the person
if:
  (a)  the person were qualified to receive an age pension;
  (b)  a direction under subsection 33 (2) were in force in relation to the
person;
  (c)  subsection 33 (12) were applicable to the person; and
  (d)  no regard were had to any operation of subsection 33 (15) in relation
to the person.
Amount in respect of dependent child or children
  ''49. (1) For the purposes of section 48, the amount in respect of a
person's dependent child or children is the sum of:
  (a)  the amount specified in subsection 33 (3); and
  (b)  either:
      (i)  where the person has one dependent child-the applicable amount for
that child; or
     (ii)  where the person has 2 or more dependent children-the sum of the
applicable amounts for all the children.
  ''(2) In this section:
  'applicable amount', for a dependent child, means the amount specified in
whichever paragraph of subsection 33 (4) describes that child or would
describe that child if that child were a dependent child for the purposes of
that subsection.
Rent assistance
  ''50. (1) Rent assistance is payable to a person who is qualified to receive
a sole parent's pension if:
  (a)  the person pays, or is liable to pay, rent at a rate exceeding $780 per
annum; and
  (b)  the person is in Australia.
  ''(2) The annual amount of rent assistance payable to a person is the lesser
of the following amounts:
  (a)  $780;
  (b)  the amount worked out using the formula:
                               1/2 X (ARP - 780)
    where:
     ARP is the annual rent paid or payable by the person.
Amount in respect of person's income or assets
  ''51. (1) For the purposes of section 48, the amount in respect of a
person's income or assets is:
  (a)  the amount worked out using the formula:
     1/2 x (EI + EMI); or
  (b)  if it is greater than the amount worked out using the formula set out
in paragraph (a)-the amount worked out using the formula:
                                    26 X PRA
                                      250
where:
  EI         is the amount (if any) by which the annual rate of income of the
             person exceeds $2,080;
  EMI        is the amount (if any) by which the annual rate of maintenance
             income of the person exceeds the annual maintenance free area of
             the person;
  PRA        is the pension reduction amount (if any) applicable to the
person
             under section 8.
  ''(2) For the purpose of working out the amount represented by the letters
EI in subsection (1), the annual rate of income of a person shall be taken to
be the amount worked out using the following formula:
                                   AI - (SRC)
where:
  AI         is the actual annual rate of income of the person;
  SRC        is:
             (a)  where the person has only one dependent child-the reduction
             amount in respect of that child worked out as provided by
             subsection (3); or
             (b)  where the person has 2 or more dependent children-the sum
of
             the reduction amounts in respect of those children worked out as
             provided by subsection (3).
  ''(3) For the purposes of subsection (2), the reduction amount in respect of
a person's dependent child is:
  (a)  where the sum of amounts of any payments (other than exempt payments)
received by the person in respect of the child equals or exceeds $624-nil; or
  (b)  in any other case, the amount worked out using the formula:
                                    624 - PC
    where:
     PC      is the sum of the amounts of any payments (other than exempt
             payments) received by the person in respect of the child.
  ''(4) Subsection (5) applies for the purpose of working out the amount
represented by the letters EMI in subsection (1) where:
  (a)  a person who is qualified to receive a sole parent's pension has
special maintenance income; and
  (b)  the annual rate of the special maintenance income exceeds the amount
worked out using the formula:
                        ( 1/2 X (AIP + DC +RA) ) + AMFA
    where:
     AIP and DC have the meanings they have in section 48;
     RA is the amount of rent assistance payable to the person under section
50; AMFA is the annual maintenance free area of the person.
  ''(5) Where this subsection applies then, for the purpose of working out the
amount represented by the letters EMI in subsection (1), the annual rate of
maintenance income of the person shall be taken to be the amount worked out
using the formula:
                                AMI - (SMI - F)
where:
  AMI        is the actual annual rate of maintenance income;
  SMI        is the annual rate of special maintenance income;
  F          is the amount worked out using the formula set out in paragraph
(4) (b).
  ''(6) In this section:
  'exempt payment' means a payment:
     (a)  under this Act;
     (b)  under the Veterans' Entitlements Act 1986;
     (c)  under the AUSTUDY scheme or the Assistance for Isolated Children
Scheme;
     (d)  of maintenance income; or
     (e)  in the nature of family allowance;
  'payment in the nature of family allowance' means a payment in respect of a
child that:
     (a)  is similar to a family allowance; and
     (b)  because of subsection 82 (6), prevents a family allowance being
payable in respect of the child.
                              ''Division 4-General
Pension not payable to more than one person in respect of one dependent child
  ''52. (1) Where a child is a dependent child of 2 or more 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 or more persons, the Secretary shall make  a determination in writing
accordingly.
  ''(3) In a determination under subsection (2) about a child, the Secretary
shall specify which of the 2 or more persons named in the determination is,
for the purposes of this Part, to be taken as the person in relation to whom
the child is a dependent child.
  ''(4) Where the Secretary makes a determination under subsection (2), the
Secretary shall cause the 2 or more persons named in the determination to be
informed of the terms of that determination.
Inmates of benevolent homes
  ''53. (1) If:
  (a)  an inmate of a benevolent home, being a single person, becomes a
pensioner; or
  (b)  a pensioner, being a single person, becomes an inmate of a benevolent
home;
his or her pension shall, so long as he or she remains an inmate of a
benevolent home, be dealt with as follows:
  (c)  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 the
pensioner;
  (d)  the balance (if any) of that pension shall be paid to the pensioner.
  ''(2) In this section:
  'pensioner contribution' means:
     (a)  an amount per annum worked out using the formula:
                                   364 X NHA
where NHA is the amount in force from time to time for the purposes of
subparagraph 47 (2) (b) (iii) of the National Health Act 1953; or
     (b)  if the amount worked out under paragraph (a) is not a multiple of
$2.60-the next lower amount that is a multiple of $2.60.
Restrictions on dual pensions
  ''54. (1) A person 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.
                      ''PART VI-WIDOWED PERSON'S ALLOWANCE
           ''Division 1-Qualifications for Widowed Person's Allowance
Qualifications for widowed person's allowance
  ''55. A person who has been a married person is qualified to receive a
widowed person's allowance if:
  (a)  the person stops being a married person because the person's spouse
dies on or after 17 February 1989;
  (b)  the person does not have a qualifying child within the meaning of Part
V; and
  (c)  the person satisfies the requirements relating to residence in
Australia set out in section 56, or section 57 applies to the person.
Requirements as to Australian residence
  ''56. A person who has made a claim for a widowed person's allowance in
respect of the death of the person's spouse satisfies the requirements
relating to residence in Australia if:
  (a)  on the day when the person lodged the claim, the person was an
Australian resident and was in Australia; and
  (b)  at least one of the following conditions is satisfied in relation to
the person:
      (i)  when the person's spouse died, the person and the spouse were
Australian residents;
          (ii)  the person had been an Australian resident for a continuous
period of at least 5 years immediately before the day when the person lodged
the claim;
     (iii)  the person has, at any time, been an Australian resident for a
continuous period of at least 10 years.
Modification of residence requirements in certain cases
  ''57. This section applies to a woman who became a widow by reason of the
death of a man if:
  (a)  immediately before the man's death, she was receiving:
      (i)  a wife's pension under Part IV because the man was a person
referred
to in subsection 37 (1) or (2); or
     (ii)  a wife's service pension under Part III of the Veterans'
Entitlements Act 1986; and
  (b)  she was not in Australia at the time of the man's death.
                         ''Division 2-Rates and periods
Rate of widowed person's allowance
  ''58. The annual rate of widowed person's allowance payable to a person is
the rate worked out in accordance with Division 3 of Part V as if:
  (a)  the person were qualified to receive a sole parent's pension; and
  (b)  each of the person's dependent children (if any) were a dependent child
for the purposes of that Part.
Payment of widowed person's allowance
  ''58A. (1) On each pension pay-day:
  (a)  on which a person is qualified to receive widowed person's allowance;
and (b)  that occurs during the period of 12 weeks commencing on the day on
which the person's spouse died;
an instalment of widowed person's allowance is, subject to sections 158 and
159, payable to the person.
  ''(2) Where a woman is pregnant when her spouse dies, subsection (1) has
effect in relation to the woman as if the reference in paragraph (1) (b) to a
period of 12 weeks were a reference to the period starting on the day when the
woman's spouse died and ending:
  (a)  12 weeks after that day; or
  (b)  when the child is born or the woman otherwise ceases to be pregnant;
whichever is the later.

  ''(3) The amount of an instalment of widowed person's allowance shall be
worked out by dividing the amount of the annual rate of the allowance by 26.
  ''(4) Where the amount of an instalment of widowed person's allowance would
not, apart from this subsection, be a multiple of 10 cents, the amount of the
instalment 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.
                              ''Division 3-General
Restrictions as to dual entitlements
  ''58B. (1) A person is not entitled to receive at the same time an allowance
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 veteran; or
  (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.''.
Commencement: 1 March 1989
  12. After section 60 of the Principal Act the following section is
inserted:
Pensions to cease after 6 months absence from Australia in certain
circumstances ''60A. (1) Where:
  (a)  a person who is in receipt of a pension proposes to leave Australia;
  (b)  the person notifies the Department of that proposal as required by a
notice given to the person under section 163; and
  (c)  the Secretary is satisfied that the person is qualified to receive that
pension;
the Secretary shall give the person a certificate acknowledging the
notification of the proposed departure and stating that the Secretary was
satisfied as mentioned in paragraph (c) before the certificate was given.
  ''(2) Where:
  (a)  a person who has made a claim for a pension proposes to leave
Australia; and
       (b)  the person notifies the Department of that proposal before the
claim is determined;
the Secretary shall give the person a certificate acknowledging the
notification of the proposed departure.
  ''(3) Where:
  (a)  a person leaves Australia on or after the commencement of this
section;
  (b)  the person has not received a certificate under subsection (1) or (2)
acknowledging the notification of that departure; and
  (c)  the absence of the person from Australia continues for more than 6
months;
the person is not qualified to receive a pension at any time after the first 6
months of the absence while the person remains absent.
  ''(4) For the purpose of subsection (3), an absence of a person from
Australia comes to an end if the person returns to Australia, even if that
return is only temporary.''.
Commencement: 1 February 1989
  13. Before section 61 of the Principal Act the following section is
inserted:
Entitlement to receive sole parent's pension ceases after 12 months absence
  ''60B. (1) Where:
  (a)  a person left, or leaves, Australia on or after 1 July 1988;
  (b)  before leaving, the person was in receipt of a sole parent's pension;
and (c)  the person continues to be absent from Australia for more than 12
months; the person is not qualified to receive sole parent's pension at any
time after the first 12 months of the absence while the person remains absent
from Australia.
  ''(2) Subsection (1) does not apply in relation to a woman who is receiving
sole parent's pension if:
  (a)  the woman became a single person because of the death of a man; and
  (b)  immediately before the death of that man:
      (i)  the woman was legally married to that man; and
     (ii)  the woman and the man were Australian residents.
  ''(3) Subsection (1) applies in relation to a person who was outside
Australia on 1 July 1988 as if the person had left Australia on 1 July 1988.
  ''(4) For the purposes of subsection (1), an absence of a person from
Australia comes to an end if the person returns to Australia, even if that
return is only temporary.
  ''(5) In this section:
  'single person' has the same meaning as in Part V.''.
Commencement: 1 March 1989
  23. After section 82 of the Principal Act the following section is
inserted:
Entitlement to receive family allowance ceases after 3 year absence of
recipient or child
  ''83. (1) Where:
  (a)  a person left, or leaves, Australia on or after 18 May 1986;
  (b)  before leaving, the person was in receipt of family allowance in
respect of a child; and
  (c)  the person continues to be absent from Australia for more than 3
years;
the person is not qualified to receive family allowance at any time after the
first 3 years of the absence while the person remains absent from Australia.
  ''(2) Where:
  (a)  a child left, or leaves, Australia on or after 18 May 1986;
  (b)  before the child left, a person was in receipt of family allowance in
respect of that child; and
  (c)  the child continues to be absent from Australia for more than 3 years;
the person is not qualified to receive family allowance in respect of that
child at any time after the first 3 years of the absence while the child
remains absent from Australia.
       ''(3) For the purpose of subsections (1) and (2), where a person
(including a child) who has been absent from Australia for less than 3 years
returns to Australia and leaves again within 3 months:
  (a)  the person shall be taken to have continued to be absent from Australia
during the period while the person is in Australia; and
  (b)  the period of the absence shall be taken to have included the period
while the person was in Australia.
  ''(4) Where:
  (a)  a person who has been absent from Australia is not qualified to receive
family allowance in respect of a child because of the application of
subsection (1), or a previous application of this subsection, in relation to
the person's absence:
  (b)  the person returns to Australia; and
  (c)  within 3 months after so returning, the person leaves Australia again;
the person is not qualified to receive family allowance in respect of that
child at any time during the person's absence from Australia that started when
the person so left Australia.
  ''(5) Where:
  (a)  a person is not qualified to receive family allowance in respect of a
child who has been absent from Australia because of the application of
subsection (2), or a previous application of this subsection, in relation to
the child's absence;
  (b)  the child returns to Australia; and
  (c)  within 3 months after so returning, the child leaves Australia again;
the person is not qualified to receive family allowance in respect of that
child at any time during the child's absence from Australia that started when
the child so left Australia.
  ''(6) This section applies in relation to a person (including a child) who
was outside Australia on 18 May 1986 as if the person had left Australia on 18
May 1986.''.
Commencement: 18 May 1989
  40. After section 116 of the Principal Act the following section is
inserted:
Work test not required to be satisfied by certain persons in full-time
training or voluntary work
  ''116A. (1) In this section:
  'approved full-time training course' means a course in relation to which an
approval under subsection (2) is in force;
  'approved organisation' means an organisation in relation to which an
approval under subsection (2) is in force;
  'class A widow' has the same meaning as in Part V;
  'excepted day', in relation to a person, means a day in respect of which,
because of subsection (3) or (5), the person is not required to satisfy the
Secretary of either of the matters set out in subparagraphs 116 (1) (c) (i)
and (ii);
  'qualified beneficiary' means a person who is in receipt of:
     (a)  unemployment benefit;
     (b)  sickness benefit;
     (c)  job search allowance;
     (d)  special benefit;
     (e)  widow's pension as a class A widow;
     (f)  supporting parent's benefit; or
     (g)  payments as a trainee in full-time training under a program
included
in the programs known as Labour Force Programs;
  'year' means a calendar year.
  ''(2) The National Director of the Commonwealth Employment Service may, for
the purposes of this section, by writing:
  (a)  approve full-time training courses of up to 4 weeks duration, being
courses considered by the National Director to be vocationally useful; and
  (b)  approve organisations that offer persons full-time voluntary work,
being organisations that the National Director considers provide vocationally
useful voluntary work.
  ''(3) Where:
  (a)  a person who has attained the age of 18 years is, on a day during a
period that is a relevant  period for the purposes of subsection 116 (1),
engaged in an approved full-time training course;
  (b)  the person started the course on or after the commencement of this
section; and
  (c)  the person had been a qualified beneficiary for a continuous period of
at least 12 months immediately before he or she started the course;
then, subject to subsection (4), the person is not required to satisfy the
Secretary of either of the matters set out in subparagraphs 116 (1) (c) (i)
and (ii) in respect of that day.
       ''(4) Subsection (3) does not apply in relation to a day in a year in
relation to a person if:
  (a)  there are already 40 days in the year that are excepted days in
relation to the person; or
  (b)  having regard to opportunities, or possible opportunities, for
employment that became available to the person on or before the day, the
Secretary considers that subsection (3) should not apply in relation to the
day.
  ''(5) Where:
  (a)  a person who has attained the age of 18 years is, on a day during a
period that is a relevant period for the purposes of subsection 116 (1),
engaged in full-time voluntary work with an approved organisation;
  (b)  the person started working for the organisation on or after the
commencement of this section; and
  (c)  the person had been a qualified beneficiary for a continuous period of
at least 12 months immediately before he or she started working for the
organisation;
then, subject to subsection (6), the person is not required to satisfy the
Secretary of either of the matters set out in subparagraphs 116 (1) (c) (i)
and (ii) in respect of that day.
  ''(6) Subsection (5) does not apply in relation to a day in a year in
relation to a person if:
  (a)  there are already 20 days in the year that are excepted days in
relation to the person because of subsection (5);
  (b)  there are already 40 days in the year that are excepted days in
relation to the person, whether because of that subsection or subsection (3);
or
  (c)  having regard to opportunities, or possible opportunities, for
employment that became available to the person on or before the day, the
Secretary considers that subsection (5) should not apply in relation to the
day.
  ''(7) A decision of the National Director of the Commonwealth Employment
Service for the purposes of this section in relation to the approval of
training courses or organisations is not a decision of an officer for the
purposes of Part XIX.''.
Commencement: 1 February 1989
Waiting period
  46. Section 125 of the Principal Act is amended:
  (a)  by omitting from paragraph (1) (a) ''and (d)'' and substituting '', (d)
and (e)'';
  (b)  by omitting from paragraph (1) (c) ''and'' (last occurring);
  (c)  by adding at the end of subsection (1) the following word and
paragraph:
     ''and (e) in a case where:
         (i)  a person who has attained the age of 18 years has made a claim
for unemployment benefit;
        (ii)  at some time within the period of 3 months ending on the day on
which the claim was made, the person had ceased to be in receipt of
unemployment benefit; and
        (iii)  the person had been a qualified beneficiary for a continuous
period of at least 12 months immediately before so ceasing to be in receipt of
unemployment benefit;
       from and including the day on which the person became unemployed or
the
day on which the claim was made, whichever is the later.'';
  (d)  by adding at the end the following subsection:
     ''(6) In this section:
     'qualified beneficiary' means a person who is in receipt of:
      (a)  unemployment benefit;
      (b)  sickness benefit;
      (c)  job search allowance; or
      (d)  payments as a trainee in full-time training under a program
included
in the programs known as Labour Force Programs.''.
Commencement: 1 February 1989
Benefit not payable to full-time students
  48. Section 136 of the Principal Act is amended by adding at the end the
following subsection:
  ''(5) This section has effect subject to section 116A.''. Commencement: 1
February 1989
Making and lodgment of claims etc.
  49. Section 159 of the Principal Act is amended:
  (a)  by omitting from paragraph (2) (a) ''or of a benefit'' and substituting
''or Schedule 1B or of an allowance'';
Commencement: 1 March 1989
  (b)  by omitting from subsection (2) ''or benefit'' (wherever occurring) and
substituting ''or allowance'';
Commencement: 1 March 1989
  (c)  by omitting subsections (3) and (4) and substituting the following
subsections:
     ''(3) Where:
     (a)  a claim is lodged for payment to a person of a pension under Part V
or Schedule 1B, or an allowance under Part VI;
     (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 person's spouse died or, if the person is a woman, the man
in
respect of whom the woman was a dependent female died; or
        (ii)  if the person is a woman-the woman, being a single person, 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 person would have been
qualified to receive that pension or allowance, or there occurred 2 or more
such previous days;
    the claim shall, for the purposes of this Act, be taken to have been
lodged
on that previous day or on the earlier or earliest of those previous days.
     ''(4) If a person lodges a claim for allowance under Part VI within 4
weeks of the death of his or her spouse the claim shall, for the purposes of
this Act, be taken to have been lodged on the day on which the person's spouse
died.''; Commencement: 1 March 1989
  (e)  by omitting subsection (6) and substituting the following subsection:
     ''(6)  In this section, the expressions 'dependent female' and 'single
person' have the same respective meanings as in Part V.''.
Commencement: 1 March 1989
Notification and review
  51. Section 163 of the Principal Act is amended:
  (a)  by omitting from subparagraph (4) (a) (i) ''or'';
  (b)  by inserting after subparagraph (4) (a) (i) the following
subparagraph:
     ''(ia)  to the extent that the notice requires the person to notify any
proposal by the person to leave Australia-such period as is specified in the
notice; or''.
Commencement: 1 February 1989
  54. Before section 237 of the Principal Act the following section is
inserted in Part XXI:
Schedule 1B
  ''236A. Class B widow's pension is payable in accordance with Schedule
1B.''. Commencement: 1 March 1989
  55. After section 237 of the Principal Act the following section is
inserted:
Employment entry payment
  ''237A. (1) Where:
  (a)  after the commencement of this section, a person who has attained the
age of 18 years commences employment;
  (b)  immediately before commencing the employment:
      (i)  the person was in receipt of unemployment benefit; and
     (ii)  the person had been a qualified beneficiary for a continuous
period
of at least 12 months;
  (c)  because the person commences the employment, the person ceases to be
qualified to receive unemployment benefit;
  (d)  in the opinion of the Secretary, the employment is likely to continue
for more than 4 weeks; and
  (e)  the person has not, within the last 12 months, received a payment under
this section;
the person is entitled to an employment entry payment of $100.
  ''(2) Where the Secretary is satisfied that:
  (a)  a person has entered an agreement under which the person is to be
employed; and
  (b)  on the commencement of that employment, the person would, but for
receiving a payment under this subsection, be entitled to a payment under
subsection (1);
the following provisions have effect:
  (c)  subject to paragraph (d), the person is entitled to an employment entry
payment of $100, which is payable to the person at such time as the Secretary
decides, not being a time more than 14 days before the person is to commence
that employment;
  (d)  the person is not entitled to the employment entry payment unless the
Secretary is still satisfied as mentioned in paragraphs (a) and (b) at the
time at which the payment is payable to the person.
  ''(3) In spite of subsections (1) and (2):
  (a)  a person is not entitled to a payment under this section unless the
person has made a claim for the payment; and
  (b)  a person is not entitled to a payment under this section if a claim for
the payment is made more than 28 days after the commencement of the employment
in respect of which the claim is made.
  ''(4) In this section:
  'qualified beneficiary' means a person who is in receipt of:
     (a)  unemployment benefit;
     (b)  sickness benefit;
     (c)  job search allowance;
          (d)  special benefit; or
     (e)  payments as a trainee in full-time training under a program
included
in the programs known as Labour Force Programs.''.
Commencement: 1 February 1989
Insertion of Schedule 1B
  58. The Principal Act is amended by inserting after Schedule 1A the Schedule
set out in Schedule 1 to this Act.
Commencement: 1 March 1989
Consequential amendments relating to the introduction of sole parent's pension
and widowed person's allowance
  60. The Principal Act is amended as set out in Schedule 3.
Commencement: 1 March 1989
                                     SCHEDULE 1
                                                                      Section
58 ''SCHEDULE 1B
                                                                    Section
236A CLASS B WIDOW'S PENSION
                               Part 1-Preliminary
Interpretation
  1. (1) In this Schedule, unless the contrary intention appears:
  'class B widow' means a widow who does not have a qualifying child within
the meaning of Part V and who:
     (a)  is a former class B widow who, immediately before 1 July 1987, was
in
receipt of a widow's pension;
     (b)  on 1 July 1987, had attained the age of 45 years and:
         (i)  on that day, was in receipt of a supporting parent's benefit or
a
widow's pension as a class A widow;
        (ii)  after that day, had started to receive such a benefit or
pension;
or
        (iii)  after the commencement of this Schedule, has started to receive
a sole parent's pension; or
     (c)  on 1 July 1987, had attained the age of 50 years;
  'dependent child', in relation to a person, includes a child who is being
wholly or substantially maintained by the person;
  'dependent female' means a woman who for at least 3 years immediately before
the death of a man (in this Schedule 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 at least 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;
  '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 at least 6 months,
including any period of imprisonment before 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 Schedule, a woman shall be taken to be a
deserted wife if:
  (a)  she was a party to a purported marriage that is void (whether that
marriage took place before or after the commencement of this Schedule);
  (b)  the Secretary is of the opinion that when the purported marriage took
place, the woman believed that the purported marriage was valid; and
  (c)  the man who was a party to the purported marriage has deserted the
woman for a period of at least 6 months otherwise than in circumstances in
which, if the man and woman had been married, there would have been just cause
for the man to desert the woman.
  (3) A widow shall be taken to have become a widow:
  (a)  in the case of a dependent female-upon the death of the man in respect
of whom she was a dependent female;
  (b)  in the case of a deserted wife-upon her desertion by her husband; and
  (c)  in the case of a woman whose husband has been convicted of an offence
and imprisoned-upon the imprisonment of her husband.
               Part 2-Qualifications for class B widow's pension
Qualifications for class B widow's pension
  2. A person is qualified to receive a class B widow's pension if:
  (a)  the person is a class B widow;
  (b)  the person satisfies the requirements relating to residence in
Australia set out in clause 3, or clause 4 applies to the person; and
  (c)  clause 5 does not apply in relation to the person.
Requirements as to Australian residence
  3. A person who has made a claim for a class B widow's pension satisfies the
requirements relating to residence in Australia if:
  (a)  on the day when the person lodged the claim, the person was an
Australian resident and was in Australia; and
  (b)  at least one of the following conditions is satisfied in relation to
the person:
      (i)  if the person was a wife immediately before becoming a widow-she
and
her husband were Australian residents when she became a widow;
     (ii)  if the person is a widow because she is a dependent female-she and
the man in respect of whom she was a dependent female were Australian
residents when she became a widow;
     (iii)  the person had been an Australian resident for a continuous
period
of at least 5 years immediately before the day when the person lodged the
claim; (iv)  the person has, at any time, been an Australian resident for a
continuous period of at least 10 years.
Modification of residence requirements in certain cases
  4. (1) This clause applies to a widow who has not resided in Australia at
any time since 7 May 1973 if:
  (a)  either:
      (i)  if the person was a wife immediately before becoming a widow-she
and
her husband were residing permanently in Australia when she became a widow;
or
     (ii)  if the person is a widow because she is a dependent female-she and
the man in respect of whom she was a dependent female were residing
permanently in Australia when she became a widow; and
  (b)  in the Secretary's opinion, she is a person who is in special need of
financial assistance.
  (2)  This clause applies to a widow who became a widow by reason of the
death of a man if:
  (a)  immediately before the man's death, she was receiving:
      (i)  a wife's pension under Part IV because the man was a person
referred
to in subsection 37 (1) or (2); or
     (ii)  a wife's service pension under Part III of the Veterans'
Entitlements Act 1986; and
  (b)  she was not in Australia at the time of the man's death.
Widows required to claim maintenance in some cases
  5. This clause applies to a person (in this section called the 'widow') if:
  (a)  the widow is entitled to claim maintenance from another person for
herself or for a dependent child of the widow;
  (b)  the Secretary considers that it is reasonable that the widow should
take action to obtain maintenance from the other person; and
  (c)  the widow has not taken such action as the Secretary considers
reasonable to obtain appropriate maintenance from the other person.
                     Part 3-Rate of class B widow's pension
Rate of widow's pension
  6. (1) The annual rate of class B widow's pension payable to a person is the
rate worked out in accordance with Division 3 of Part V as if:
  (a)  the person were qualified to receive a sole parent's pension; and
  (b)  each of the person's dependent children (if any) were a dependent child
for the purposes of that Part.
  (2) Subsection 48 (3) applies to payments of class B widow's pension as if
references in that subsection to sole parent's pension were references to
class B widow's pension.
                                 Part 4-General
Inmates of benevolent homes
  7. (1) if:
  (a)  an inmate of a benevolent home, being a class B widow,  becomes a
pensioner; or
  (b) 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:
  (c)  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;
  (d)  the balance (if any) of that pension shall be paid to the pensioner.
  (2) In this section:
  'pensioner contribution' means:
     (a)  an amount per annum worked out using the formula:
                                   364 X NHA
where NHA is the amount in force from time to time for the purposes of
subparagraph 47 (2) (b) (iii) of the National Health Act 1953; or
     (b)  if the amount worked out under paragraph (a) is not a multiple of
$2.60-the next lower amount that is a multiple of $2.60.
Restrictions on dual pensions
  8. (1) A person is not entitled to receive at the same time a pension under
this Schedule and:
  (a)  a pension under Part IV;
  (b)  a widowed person's allowance under Part VI;
  (c)  a pension under the Seamen's War Pensions and Allowances Act 1940 as a
dependant of a deceased Australian mariner;
  (d)  a pension under Part II of the Veterans' Entitlements Act 1986 as a
dependant of a deceased veteran; or
  (e)  a pension under Part IV of that Act as a dependant of a deceased member
of the Forces or 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 Seaman'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.''.
                                   SCHEDULE 3
                                                                      Section
60 CONSEQUENTIAL AMENDMENTS OF THE SOCIAL SECURITY ACT RELATING TO THE
INTRODUCTION OF SOLE PARENT'S PENSION AND WIDOWED PERSON'S ALLOWANCE
Subsection 3 (1):
  Insert the following definitions:
  '' 'sole parent's pension' means a pension under Part V;
  'widowed person's allowance' means an allowance under Part VI;''.
Subsection 3 (1) (paragraph (a) of the definition of ''prescribed pension''):
  Add at the end ''or Schedule 1B''.
Subsection 3 (1) (paragraph (b) of the definition of ''prescribed pension''):
  Omit ''VI or''.
Subsection 3 (1) (paragraph (c) of the definition of ''prescribed pension''):
  Insert ''VI or'' after ''Part''.
Subsection 3 (1) (definition of ''supporting parent's benefit''):
  Omit the definition.
Subsection 3 (1) (definition of ''widow's pension''):
  Omit ''Part V'', substitute ''Schedule 1B''.
Subsection 3 (10):
  (a)  Insert ''or Schedule 1B'' after ''XIII'' (first occurring).
  (b)  Omit '', a benefit under Part VI or XIII or an allowance under Part'',
substitute ''or Schedule 1B, a benefit under Part XIII or an allowance under
Part VI,''.
Paragraph 5 (2) (a):
  (a)  Omit '', a benefit under Part VI'', substitute ''or Schedule 1B''.
  (b)  Insert ''VI,'' before ''XIV''.
Paragraph 5 (2) (b):
  Omit '', benefit''.
Subsection 5 (2):
  Omit '', benefit'' (last occurring).
Paragraph 6 (9) (a):
  Omit '', a benefit under Part VI, an allowance under Part IX or XIV'',
substitute ''or Schedule 1B, an allowance under Part VI, IX or XIV''.
Paragraph 7 (1) (a):
  (a)  Omit '', a benefit under Part VI'', substitute ''or Schedule 1B''.
  (b)  Insert ''VI,'' before ''XIV''.
Section 8:
  Omit ''or a benefit under Part VI or'', substitute ''or Schedule 1B, an
allowance under Part VI or a benefit under Part''.
Subsection 10 (1):
  Omit '', a benefit under Part VI or'', substitute ''or Schedule 1B, an
allowance under Part VI, a benefit under Part''.
Paragraph 12 (2) (b):
  Omit ''or''.
After paragraph 12 (2) (c):
  Insert the following word and paragraph:
  ''; or (d) Schedule 1B;''.
Subsection 12 (4):
  Omit ''subsection 44 (1)'', substitute ''sections 45 and 56 and clause 3 of
Schedule 1B''.
Paragraph 21 (1) (a):
  Insert ''or Schedule 1B'' after ''XIV''.
Paragraph 22 (2) (b):
  Omit the paragraph, substitute the following paragraph:
  ''(b)  who is in receipt of a pension under Part V because the person is a
person to whom paragraph (d) of the definition of 'single person' in
subsection 43 (1) applies; or''.
Subsection 33 (7):
  Omit ''a benefit under Part VI'', substitute ''a pension under Part V''.
Subsection 33 (20):
  Omit '', a supporting parent's benefit'', substitute ''or Part V''.
Subsection 34 (6):
  Omit ''or widow's pensions or supporting parent's benefits'', substitute
''sole parents' or widows' pensions, or widowed persons' allowances''.
Paragraph 35 (1) (a):
  Omit '', a benefit under Part VI'', substitute ''or Part V''.
Subsection 59 (1) (definition of ''pension''):
  Omit ''or a benefit'', substitute ''or Schedule 1B or an allowance''.
Subsection 59 (4):
  (a)  Omit ''widow's pension'', substitute ''pension under Part V or Schedule
1B or an allowance under Part VI''.
  (b)  Omit ''that pension'', substitute ''that pension or allowance''.
Paragraph 61 (5) (d):
  Omit the paragraph, substitute the following paragraph:
  ''(d)  a person:
      (i)  who is receiving a pension under Part V or Schedule 1B, or an
allowance under Part VI, that the person became qualified to receive because
of the death of the person's former spouse at a time when the former spouse
was an Australian resident; and
     (ii)  who would, apart from subsection 46 (2), section 57 and subclause
4
(2) of Schedule 1B of this Act, and section 46 of this Act as in force at any
time before 1 March 1989, have become so qualified to receive that pension or
allowance.''.
Subsection 66 (1) (paragraph (b) of the definition of ''deceased
pensioner''):
  Omit ''or a benefit'', substitute ''or Schedule 1B or an allowance''.
Subsection 66 (1) (paragraph (a) of the definition of ''pensioner''):
  Omit ''or a benefit'', substitute ''or Schedule 1B or an allowance''.
Subsection 66 (1) (paragraphs (b) and (c) of the definition of
''pensioner''):
  Omit ''benefit'', substitute ''allowance''.
Paragraphs 68 (2) (a) and (c):
  Omit ''or a benefit'', substitute ''or Schedule 1B or an allowance''.
Subparagraph 73 (a) (i):
  Insert ''or Schedule 1B'' after ''XVI''.
Subsection 116 (1):
  Omit ''or a benefit'', substitute ''or Schedule 1B or an allowance''.
Subsection 116A (1) (paragraphs (e) and (f) of the definition of ''qualified
beneficiary''):
  Omit the paragraphs, substitute the following paragraph:
  ''(e) sole parent's pension; or''.
Subsection 116A (1) (definition of ''class A widow''):
  Omit the definition.
Subsection 117 (1):
  Omit '', a benefit under Part VI or an allowance under Part'', substitute
''or Schedule 1B or an allowance under Part VI or''.
Subsection 121A (1) (paragraph (g) of the definition of ''person to whom this
section applies''):
  Insert ''or Schedule 1B'' after ''XVI''.
Paragraph 129 (1) (a):
  Omit '', a benefit under Part VI, an allowance under Part'', substitute ''or
Schedule 1B, an allowance under Part VI or''. Paragraph 141 (2) (a):
  Omit ''or a benefit under Part VI or XIII'', substitute ''or Schedule 1B, an
allowance under Part VI or a benefit under Part XIII''.
Subsection 141 (2):
  Omit ''pension or benefit'' (wherever occurring), substitute ''pension,
benefit or allowance''.
Section 144:
  Repeal the section, substitute the following section:
Other pensions etc. not payable to a person in receipt of allowance
  ''144. A pension or allowance is not payable to a person under Part IV, V or
VI or Schedule 1B in respect of any period in respect of which an allowance is
payable to the person under this Part.''.
Section 149 (definition of ''pension''):
  Omit the definition, substitute the following definition:
  '' 'pension' means an invalid pension, a pension under Part V or Schedule 1B
or an allowance under Part VI;''.
Paragraph 158 (1) (a):
  Insert ''or Schedule 1B'' after ''or V''.
Paragraph 158 (1) (b):
  Omit ''VI or''.
Paragraph 158 (1) (c):
  Omit ''Part IX'', substitute ''Part VI, IX''.
Subsection 160 (1) (definition of ''pension''):
  Omit ''or a benefit under Part VI'', substitute ''or Schedule 1B''.
Subparagraph 167 (1) (a) (i):
  Insert ''or Schedule 1B'' after ''or V''.
Subparagraph 167 (1) (a) (ii):
  Omit ''a benefit'', substitute ''an allowance''.
Subsection 167 (2):
  Omit ''or benefit'' (wherever occurring), substitute ''or allowance''.
Paragraph 167 (4) (b):
  Omit ''or a benefit'', substitute ''or Schedule 1B or an allowance''.
Subsection 167 (4):
  Omit ''or benefit'' (wherever occurring), substitute ''or allowance''.
Paragraphs 169 (1) (a) and (2) (a):
  Insert ''or Schedule 1B'' after ''section 172''.
Paragraph 169 (3) (a):
  Omit ''a widow's pension, a supporting parent's benefit'', substitute ''a
pension under Part V or Schedule 1B, an allowance under Part VI''.
Subsection 169 (3):
  Omit ''or benefit'' (wherever occurring), substitute '', allowance or
benefit''.
Subsection 237 (1) (paragraph (a) of the definition of ''pension''):
  Add at the end ''or V''.
Subsection 237 (1) (paragraph (b) of the definition of ''pension''):
  Omit the paragraph.
Subsection 237 (1) (paragraph (c) of the definition of ''pension''):
  Omit ''Part XIV'', substitute ''Part VI or XIV''.
Subsection 237 (5):
  (a)  Omit ''a widow's pension under Part V, or a supporting parent's benefit
under Part VI'', substitute ''a pension under Part V or Schedule 1B, or an
allowance under Part VI''.
  (b)  Omit ''that benefit'', substitute ''that allowance''.
Subparagraph 242 (1) (a) (ii):
  Insert ''or Schedule 1B'' after ''Part V''.
Subparagraph 242 (1) (a) (iii):
  Omit ''a benefit'', substitute ''an allowance''.
Subsection 245 (2):
  Omit ''receive that pension or benefit'', substitute the following:
''receive:
  (e)  in relation to a time before 1 March 1989-that pension or benefit; or
  (f)  in relation to a time on or after 1 March 1989-a pension under Part V
or Schedule 1B or an allowance under Part VI;''.
                            DIVISION 3A OF PART VII
   Division 3A-Payment by way of Compensation in relation to Sickness Benefit
Interpretation
  115. (1) In this Division, ''sickness benefit'' includes-
  (a)  rent assistance; and
  (b)  so much of any amount paid to a person by way of a rehabilitation
allowance under Part VIII as, in the opinion of the Secretary, would have been
payable to the person by way of sickness benefit in respect of a relevant
incapacity (including rent assistance) if that rehabilitation allowance had
not become payable to the person.
  (2) In this Division-
  (a)  a reference to a payment by way of compensation shall be read as 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 a State or Territory, including a payment under a contract entered
into in pursuance of such a scheme;
     (iii)  a payment, whether with or without admission of liability, in
settlement of a claim for damages or of a claim under a scheme referred to in
sub-paragraph (ii); or
     (iv)  any other payment that, in the opinion of the Secretary, is a
payment in the nature of compensation or damages, other than a payment for
which the person who has received, is receiving or is qualified or entitled to
receive the payment has made contributions; and
  (b)  a reference to a receipt by a person of a payment by way of
compensation shall be read as including a reference to the receipt by another
person, on behalf of, or at the direction of, that first-mentioned person, of
a payment by way of compensation.
Receipt by beneficiary of compensation
  115A. (1) Where a person who is, or has been, in receipt of a sickness
benefit in respect of an incapacity receives a payment that is, in whole or in
part, a payment by way of compensation in respect of that incapacity, being-
  (a)  a payment by way of a lump sum;
  (b)  a payment that is the first payment, or the first payment after receipt
of sickness benefit, forming part of a series of periodical payments; or
  (c)  where the person has given a notification under this sub-section of his
receipt of a payment forming part of a series of periodical payments-a payment
that is the first payment after the giving of that notification that is at a
higher rate than the rate of the payment so notified, the person shall, within
7 days after receipt of that payment, notify the Department, in writing,
accordingly.
  Penalty: $500.
  (2) Where-
  (a)  a person has notified the Department under sub-section (1) of the
receipt of a payment by way of compensation; or
  (b)  the Secretary has otherwise become aware of the receipt by a person of
such a payment,
the Secretary may, by notice in writing served by post or personally on the
person, require the person to furnish to the Department, in writing, such
further information with respect to the payment as is specified in the
notice.
  (3) A notice under sub-section (2) shall specify the period within which the
requirement in the notice is to be complied with and, if that requirement is
not complied with to the satisfaction of the Secretary within that period, the
Secretary may suspend payment of the sickness benefit concerned.
Refusal of claim, &c.
  115B. (1) Where a person who is qualified to receive a sickness benefit in
respect of an incapacity has received, or has become qualified or entitled to
receive, on or before 30 June 1986 a payment (whether a payment forming part
of a series of periodical payments or a payment by way of a lump sum) that is,
in the opinion of the Secretary, in whole or in part a payment by way of
compensation in respect of that incapacity, the Secretary, having regard to
the amount of that payment or, in the case of a series of periodical payments,
the amounts of those payments (including future payments), or such part of
that payment or of those payments as, in the opinion of the Secretary, relates
to that incapacity, may-
  (a)  where a claim by the person for sickness benefit in respect of that
incapacity has been lodged but not determined-refuse to grant that claim or
grant that claim but direct that the amount per week of sickness benefit that
would, apart from this sub-section, be payable in respect of that incapacity
be reduced by an amount specified in the direction; or
  (b)  in any other case-
     (i)  cancel the sickness benefit payable to the person in respect of
that incapacity; or
    (ii)  direct that the amount per week of sickness benefit that would,
apart
from this sub-section, be payable in respect of that incapacity be reduced by
an amount specified in the direction.
  (2) A direction under sub-section (1) may specify a date on which the
direction is to cease to operate.
  (2A) Where a person who is qualified to receive a sickness benefit in
respect of an incapacity receives, or becomes qualified or entitled to
receive, after 30 June 1986-
  (a)  payments, being payments forming part of a series of periodical
payments, that are, in the opinion of the Secretary, in whole or in part
payments by way of compensation in respect of that incapacity; or
  (b)  a lump sum payment that is, in the opinion of the Secretary, in whole
or in part a payment by way of compensation in respect of that incapacity, the
amount per week of sickness benefit that would, but for this sub-section, be
payable in respect of that incapacity shall-
  (c)  in a case to which paragraph (a) applies-for a period in respect of
which the periodical payments are, or are to be, made, be reduced by an amount
equal to that part of the amount per week of those periodical payments that
is, in the opinion of the Secretary, by way of compensation in respect of that
incapacity; or
  (d)  in a case to which paragraph (b) applies-for the period in respect of
which the lump sum is, by virtue of sub-section (2B), to be deemed to be paid,
be reduced by an amount equal to the prescribed amount at the time at which
the lump sum payment is paid or becomes payable.
  (2B) A lump sum payment of a kind referred to in sub-section (2A) that is
paid or payable to a person by way of compensation in respect of an incapacity
shall, for the purposes of paragraph (2A) (d), be deemed to have been paid for
a period of weeks that began on the day on which the incapacity commenced or,
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, being a period of weeks equal in number to the number
obtained by dividing by the prescribed amount at the time at which the lump
sum payment was paid or became payable an amount equal to that part of the
lump sum payment that is, in the opinion of the Secretary, by way of
compensation in respect of that incapacity.
  (2C) In sub-sections (2A) and (2B), the ''prescribed amount'', in relation
to a particular time, means the amount that is, at that time, specified in the
latest estimate published by the Australian Statistician as being the estimate
of the average total weekly earnings of all male employees in Australia for a
particular month.
  (3) Where the Secretary is of the opinion that a payment by way of a lump
sum, or a series of periodical payments, that a person became entitled to
receive on or before 30 June 1986, being a person who is, or has been in
receipt of sickness benefit in respect of an incapacity (whether the payment
was, or all or any of the payments were, received before, during or after the
close of the period of receipt of sickness benefit) is a payment that is, or
are payments one or more of which is or are, in whole or in part, a payment or
payments by way of compensation in respect of that incapacity, the Secretary
may, by notice in writing served by post or personally on the person, direct
the person to pay to the Commonwealth an amount specified in the notice, being
an amount equal to-
  (a)  the amount of sickness benefit received by the person in respect of
that incapacity; or
  (b)  the amount of the lump sum payment or periodical payment or payments or
such part of that amount or of those amounts as, in the opinion of the
Secretary, relates to that incapacity, whichever is the lesser amount.
  (3A) Where the Secretary is of the opinion that a payment by way of a lump
sum, or a series of periodical payments, that a person became entitled to
receive after 30 June 1986, being a person who is, or has been, in receipt of
sickness benefit in respect of an incapacity (whether the payment was, or all
or any of the payments were, received before, during or after the close of the
period of receipt of sickness benefit) is a payment that is, or are payments
one or more of which is or are, in whole or in part, a payment or payments by
way of compensation in respect of that incapacity, the Secretary may, by
notice in writing served on the person, direct the person to pay to the
Commonwealth an amount specified in the notice, being an amount equal to the
amount by which the aggregate of the instalments of sickness benefit received
by the person in respect of the incapacity prior to receiving the payment or,
if a notice under sub-section 115C (2) or 115D (2) has been served on a person
in relation to that incapacity, prior to service of that notice would have
been reduced under sub-section (2A) if that sub-section had been applicable to
those instalments from and including the day on which the incapacity
commenced.
  (4) Where the amount per week of sickness benefit payable in respect of an
incapacity is reduced under sub-section (1) or (2A) having regard to the
receipt of a payment by way of compensation in respect of that incapacity,
that payment by way of compensation shall not, for the purposes of this Act,
be regarded as income.
Recovery of sickness benefit from person liable to make a payment by way of
compensation
  115C. (1) Where it appears to the Secretary that a person is, or may become,
liable to make a payment by way of compensation in respect of the incapacity
of another person who is, or was, qualified to receive a sickness benefit in
respect of that incapacity, the Secretary may, by notice in writing served on
the first-mentioned person, inform him that the Secretary, on behalf of the
Commonwealth, proposes to, or may wish to, recover from him an amount equal to
the whole or some part of the amount of sickness benefit paid to the other
person in respect of that incapacity.
  (2) Where a person is liable to make a payment by way of compensation in
respect of the incapacity of another person who is, or was, qualified to
receive a sickness benefit in respect of that incapacity, the Secretary may
serve a notice in writing on the first-mentioned person (whether or not a
notice has been served on that person under sub-section (1)) specifying the
amount that the Secretary, on behalf of the Commonwealth, proposes to recover
from him, being an amount not exceeding the amount of the sickness benefit
paid in respect of that incapacity.
  (2A) The Secretary shall not serve a notice on a person under sub-section
(2) in relation to a payment by way of compensation in respect of the
incapacity of another person if the Secretary has served a notice on an
insurer under sub-section 115D (2) in respect of the liability of the insurer
to indemnify that first-mentioned person against his liability to make that
payment.
  (3) Where a person who is served with a notice under sub-section (1) is, or
becomes, liable to make a payment by way of compensation in respect of the
incapacity to which the notice relates, the person shall, within 7 days after
becoming so liable or after being served with the notice under sub-section
(1), whichever last occurs, notify the Department, in writing, accordingly.
  Penalty: $500.
  (4) Subject to sub-section (10), a person who is served with a notice under
sub-section (1) shall not, after the service of that notice, make any payment
that is, in whole or in part, a payment by way of compensation in respect of
the incapacity to which the notice relates and, if a payment being a lump-sum
payment, is paid by the person in contravention of this sub-section, the
payment, shall, for the purposes of paragraph (5) (c) be disregarded in
ascertaining the amount of the payment that the person is liable to make.
  (5) Where-
  (b)  a notice under sub-section (2) is served on a person and an amount is
specified in the notice as the amount that the Secretary, on behalf of the
Commonwealth, proposes to recover from the person; and
  (c)  the person is liable to make a payment by way of a lump sum that, in
the opinion of the Secretary, is a payment that is, in whole or in part, a
payment by way of compensation in respect of the incapacity to which the
notice relates, the person is liable to pay to the Commonwealth-
  (d)  the amount specified in the notice; or
  (e)  an amount equal to the amount of the payment referred to in paragraph
(c) or such part of that payment as, in the opinion of the Secretary, relates
to that incapacity,
whichever is the lesser amount.
  (6) Where-
  (b)  a notice under sub-section (2) is served on a person and an amount is
specified in the notice as the amount that the Secretary, on behalf of the
Commonwealth, proposes to recover from the person; and
  (c)  the person is liable to make periodical payments that, in the opinion
of the Secretary, are payments that are, in whole or in part, payments by way
of compensation in respect of the incapacity to which the notice relates,
the person is liable to pay to the Commonwealth amounts ascertained in
accordance with sub-section (7).
  (7) Subject to sub-section (8), the amounts that a person is liable to pay
to the Commonwealth under sub-section (6) are amounts equal to-
  (a)  the amounts of the periodical payments that the person is required to
pay in satisfaction of his liability referred to in paragraph (6) (c), as
those amounts fall due;
  (b)  such part of each of the amounts referred to in paragraph (a) as, in
the opinion of the Secretary, relates to the incapacity referred to in
paragraph (6) (c); or
  (c)  such part of each of the amounts referred to in paragraph (a), or of
that part of each of those amounts referred to in paragraph (b), as the
Secretary specifies,
and, in addition, where the person has paid an amount, or amounts, in
contravention of sub-section (4) in settlement of his liability referred to in
paragraph (6) (c), an amount equal to-
  (d)  the amount, or the aggregate of the amounts, so paid; or
  (e)  such part of the amount, or amounts referred to in paragraph (d) as, in
the opinion of the Secretary, relates to the incapacity referred to in
paragraph (6) (c).
  (8) The liability of a person to make payments to the Commonwealth under
sub-section (6) ceases when the aggregate of the payments so made equals the
amount referred to in paragraph (6) (b).
  (9) Payment to the Commonwealth of an amount that a person is liable to pay
under sub-section (5) or (6) shall, to the extent of the payment, operate as a
discharge to the person as against the person entitled to receive compensation
in respect of the incapacity concerned.
  (10) Where sub-section (4) applies in relation to a person in respect of the
incapacity of another person, that sub-section shall cease to apply in
relation to the first-mentioned person in respect of that incapacity if-
  (a)  in the case of a person who is liable, under sub-section (5) or (6), to
pay an amount to the Commonwealth in respect of that incapacity-the person
pays that amount to the Commonwealth; or
  (b)  in any other case-the Secretary informs the first-mentioned person, in
writing, that he is satisfied that sub-section (4) should no longer apply in
relation to the person in respect of that incapacity.
  (11) A notice that may be served on a person under this section shall be
taken to be served on the person if it is served on the person by post or is
given personally to the person or to an employee of the person.
Notice to insurers
  115D. (1) Where it appears to the Secretary that 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, or the possible liability, of the client to make a payment or
payments by way of compensation in respect of the incapacity of another person
who is, or was, qualified to receive a sickness benefit in respect of that
incapacity, the Secretary may, by notice in writing served on the insurer,
inform the insurer that the Secretary, on behalf of the Commonwealth, proposes
to, or may wish to, recover from him an amount equal to the whole or some part
of the amount of sickness benefit paid to that other person in respect of that
incapacity.
  (2) Where an insurer is liable, under a contract of insurance, to indemnify
a client, in whole or in part, against the liability of the client to make a
payment or payments by way of compensation in respect of the incapacity of
another person who is, or was, qualified to receive a sickness benefit in
respect of that incapacity, the Secretary may serve a notice in writing on the
insurer (whether or not a notice has been served on the insurer under
sub-section (1)) specifying the amount that the Secretary, on behalf of the
Commonwealth, proposes to recover from the insurer, being an amount not
exceeding the amount of the sickness benefit paid to that other person in
respect of that incapacity.
  (3) The Secretary shall not serve a notice on an insurer under sub-section
(2) in relation to the liability of the insurer to indemnify a client against
the liability of the client to make a payment or payments by way of
compensation in respect of the incapacity of another person if the Secretary
has served a notice on the client under sub-section 115C (2) in relation to
that incapacity.
  (4) Where an insurer who is served with a notice under sub-section (1) is,
or becomes, liable to indemnify a client in respect of the liability of the
client to make a payment or payments by way of compensation in respect of the
incapacity to which the notice relates, the insurer shall, within 7 days after
becoming so liable or after being served with a notice under sub-section (1),
whichever last occurs, notify the Department, in writing, accordingly.
  Penalty: $500.
  (5) Subject to sub-section (8), an insurer who is served with a notice under
sub-section (1) shall not, after the service of that notice, make any payment
that is a payment under a contract of insurance with a client, being a payment
indemnifying the client, in whole or in part, against the liability of the
client to make a payment or payments by way of compensation in respect of the
incapacity to which the notice under sub-section (1) relates and, if a payment
is made by the insurer in contravention of this sub-section, the payment
shall, for the purposes of paragraph (6) (b), be disregarded in ascertaining
the amount that the insurer is liable to pay to the client.
  (6) Where an insurer is served with a notice under sub-section (2), the
insurer is liable to pay to the Commonwealth-
  (a)  the amount specified in the notice; or
  (b)  the amount that the insurer is liable to pay to the client concerned to
indemnify the client against the liability to make a payment by way of
compensation in respect of the incapacity to which the notice relates,
whichever is the lesser amount.
  (7) Payment of an amount that an insurer is liable to pay to the
Commonwealth under sub-section (6) in respect of the incapacity of another
person 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 concerned as against the liability
of the client to make a payment or payments by way of compensation to that
other person.
  (8) Where sub-section (5) applies in relation to an insurer in respect of
the incapacity of a person, that sub-section shall cease to apply in relation
to the insurer in respect of that incapacity if-
  (a)  in the case of an insurer who is liable under sub-section (6) to pay an
amount to the Commonwealth in respect of that incapacity-the insurer pays that
amount to the Commonwealth; or
  (b)  in any other case-the Secretary informs the insurer in writing that he
is satisfied that sub-section (5) should no longer apply in relation to the
insurer in respect of that incapacity.
  (9) 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
the incapacity of another person, the client is not, while that notice has
effect, liable to make that payment or those payments by way of compensation
in respect of that incapacity.
  (10) A notice that may be served on an insurer under this section shall be
taken to be served on the insurer if it is served on the insurer by post or is
given to an employee of the insurer.
Secretary may disregard certain payments
  115E. For the purposes of this Division, the Secretary may treat the whole
or a part of a payment by way of compensation that has been, or that will be,
made in respect of an incapacity as not having been made or as not being, or
as not likely to become, liable to be made, if the Secretary considers that,
in the special circumstances of the case, it is appropriate to do so.
Recovery in court of competent jurisdiction
  115F. The Commonwealth may recover in a court of competent jurisdiction an
amount-
  (a)  that a person is required to pay to it in accordance with a direction
under sub-section 115B (3) or (3A);
  (b)  that a person is liable to pay to it under sub-section 115C (5);
  (c)  that a person is liable to pay to it under sub-section 115C (6);
  (d)  that an insurer is liable to pay to it under sub-section 115D (6), but
the Commonwealth is not entitled to recover amounts payable to it under this
Division in respect of the same incapacity that, in the aggregate, exceed the
amount of the sickness benefit paid by the Commonwealth in respect of the
incapacity.
Evidence
  115G. For the purposes of this Division, a statement in writing purporting
to be signed by a person referred to in sub-section 143 (1)-
  (a)  that a specified person has, on, or as at, a specified date, received a
specified amount of sickness benefit in respect of a specified incapacity;
  (b)  that no notice under sub-section 115A (1) has been received by the
Department from a specified person in respect of a specified payment by way of
compensation;
  (c)  that no notice under sub-section 115C (3) has been received by the
Department from a specified person in respect of any liability to make a
payment by way of compensation in respect of a specified incapacity of a
specified person;
  (d)  that the Secretary has not, under paragraph 115C (10) (b), informed a
specified person that sub-section 115C (4) no longer applies in relation to
that person in respect of a specified incapacity;
 (da)  that no notice under sub-section 115D (4) has been received by the
Department from a specified insurer in respect of any liability to indemnify a
client in respect of the liability of the client to make a payment or payments
by way of compensation in respect of a specified incapacity of a specified
person;
  (e)  that the Secretary has not, under paragraph 115D (8) (b), informed a
specified insurer that sub-section 115D (5) no longer applies in relation to
that insurer in respect of a specified incapacity; or
  (f)  that no amount, or no amount (other than a specified amount or
specified amounts), payable to the Commonwealth under this Division in respect
of a specified incapacity has been recovered by the Commonwealth, shall be
received in all courts as prima facie evidence of the facts so stated.
Division to bind Crown
  115H. This Division binds the Crown in right of the Commonwealth, of each of
the States and of the Northern Territory.