Social Security Act 1947 (Cth) - Social Security Act 1947

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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Social Security Act 1947 (Cth)
Case: Social Security Act 1947
Decision Date

CaseChat Overview and Summary

The Social Security Act 1947 (Cth) is the subject of a court decision that addresses several issues related to its administration and interpretation. The court was required to determine the proper method of calculating property values for pension eligibility purposes, the circumstances under which certain benefits are payable, and the conditions for the continuation of payments for individuals who move outside Australia. The reasoning of the court involved a careful examination of the statutory language and legislative history, focusing on ensuring that the Act is applied in a manner that is consistent with its objectives and equitable for all beneficiaries. The outcome of the case clarified that specific provisions, such as those concerning remote area allowances and the portability of benefits, should be applied according to the defined criteria and transitional arrangements provided by the legislation. The final orders confirmed that certain benefits would continue to be payable under the Act, subject to the conditions specified in the decision.

Orders