Social Security Amendment Act 1982 (Cth)

Social Security Amendment Act 1982

No. 148 of 1982

An Act to amend the Social Security Act 1947

[Assented to 31 December 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Social Security Amendment Act 1982.

(2) The Social Security Act 19471is in this Act referred to as the Principal Act.

Commencement

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

3. (1) After section 6a of the Principal Act the following section is inserted in Part I:

Certain persons deemed to continue to receive full-time education

“6b. Where—

(a) a person who has attained the age of 16 years but 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) if the person had lodged a claim for, and were qualified to receive, unemployment benefit under Part VII, that benefit would not be payable to the person during a period by virtue of the operation of section 120a,

the person shall, for the purposes of the application of the provisions of this Act other than section 120a, be deemed to be receiving full-time education at a school, college or university during the period referred to in paragraph (b).”.

(2) The amendment made by sub-section (1), insofar as it affects payments of family allowance under Part VI, double orphan’s pension under Part VIa or handicapped child’s allowance under Part VIb of the Social Security Act 1947, applies in relation to payments of family allowance, double orphan’s pension or handicapped child’s allowance in respect of the family allowance period commencing on 15 October 1982 and to all subsequent payments.

(3) The amendment made by sub-section (1), insofar as it affects instalments or payments of pension, benefit or allowance (other than a pension or allowance referred to in sub-section (2)) under the Social Security Act 1947, applies in relation to each instalment or payment of pension, benefit or allowance that falls due on or after 1 November 1982.

Family allowance to cease in certain circumstances

4. Section 103 of the Principal Act is amended by omitting from sub-section (1) “section 104” and substituting “sections 6b and 104”.

Sickness benefits

5. (1) Section 108 of the Principal Act is amended—

(a) by omitting from sub-section (1) “, and only if;

(b) by omitting paragraph (1) (c) and substituting the following paragraph:

“(c) the person—

(i) satisfies the Director-General that, throughout the relevant period, he was incapacitated for work by reason of sickness or accident (being an incapacity of a temporary nature) and that he has thereby suffered a loss of salary, wages or other income; or

(ii) not being a person who is qualified to receive sickness benefit by virtue of the operation of sub-section (1aa), satisfies the Director-General that, throughout the relevant period, he was incapacitated for work by reason of sickness or accident (being an incapacity of a temporary nature) and that he would, but for the incapacity, be qualified to receive an unemployment benefit in respect of the relevant period.”; and

(c) by inserting after sub-section (1) the following sub-section:

“(1aa) Where—

(a) a person who is receiving—

(i) an invalid pension under Part III;

(ii) a sheltered employment allowance under Part VIIa; or

(iii) a rehabilitation allowance under Part VIII and who was, immediately before he became eligible to receive that allowance, eligible to receive an invalid pension under Part III, a sheltered employment allowance under Part VIIa or a sickness benefit,

ceases to receive that pension or allowance (in this sub-section referred to as the ‘relevant pension or allowance’); and

(b) the person (in this sub-section referred to as the ‘relevant person’) would, immediately upon ceasing to receive the relevant pension or allowance, be qualified under sub-section (1) to receive a sickness benefit in respect of a period if ‘and that he has thereby suffered a loss of salary, wages or other income’ were omitted from sub-paragraph (1) (c) (i),

the relevant person is qualified to receive a sickness benefit in respect of that period and, for the purposes of the application of paragraph 113 (a) in relation to the relevant person—

(c) in a case where a wife’s pension under Part III was, immediately before the relevant person ceased to receive the relevant pension or allowance, payable to another person by reason of the relevant person being in receipt of the relevant pension or allowance—the aggregate of the amount of the relevant pension or allowance and the amount of the wife’s pension; and

(d) in any other case—the amount of the relevant pension or allowance,

shall be deemed to be salary, wages or other income that the person has lost by reason of his incapacity.”.

(2) For the purposes of the application, before 1 March 1983, of sub-section 108 (1aa) of the Social Security Act 1947, a reference in that sub-section to a rehabilitation allowance shall be read as a reference to a training allowance under section 135d of that Act.

Supplementary allowance

6. (1) Section 112a of the Principal Act is amended by omitting from sub-section (1) the definition of “prescribed period” and substituting the following definition:

“‘prescribed period’ means—

(a) in relation to a person to whom paragraph (b) does not apply and to whom a sickness benefit has been payable for a continuous period of more than 6 weeks—any part of that period (not including that first 6 weeks) in respect of which the person pays, or is liable to pay, rent at a weekly rate exceeding $10; and

(b) in relation to a person who is qualified to receive a sickness benefit in respect of a period and who, immediately before he became qualified to receive the benefit, was receiving—

(i) an incentive allowance under section 26 or 133ja or an allowance by way of supplementary assistance under section 30A or under Division 3A of Part IV (including supplementary assistance under that Division as applied for the purposes of Part IVaaa); or

(ii) a rehabilitation allowance under Part VIII the amount of which was calculated by reference to an incentive allowance or an allowance by way of supplementary assistance referred to in sub-paragraph (i),

any part of that period in respect of which the person pays, or is liable to pay, rent at a weekly rate exceeding $ 10,

but, in the case of a person who has no dependants, does not include a period during which the person is a patient, other than an out-patient, of a hospital, within the meaning of the Health Insurance Act 1973 “.

(2) For the purposes of the application, before 1 March 1983, of the definition of “prescribed period” that is inserted in sub-section 112a (1) of the Social Security Act 1947 by sub-section (1) of this section, a reference in that definition to a rehabilitation allowance shall be read as a reference to a training allowance under section 135d of that Act.

7. Section 113 of the Principal Act is repealed and the following section is substituted:

Limitation of amount payable as sickness benefit

“113. Notwithstanding anything contained in this Part, the rate of sickness benefit per week payable to a person—

(a) in the case of a person who is qualified to receive sickness benefit by virtue of the operation of sub-paragraph 108 (1) (c) (i) or of sub-section 108 (1aa)—shall not exceed the rate of salary, wages or other income per week that, in the opinion of the Director-General, that person has lost by reason of his incapacity; and

(b) in the case of a person who is qualified to receive sickness benefit by virtue of the operation of sub-paragraph 108 (1) (c) (ii)—shall not exceed the rate per week of unemployment benefit that would be payable to the person from time to time if the person were receiving unemployment benefit.”.

Waiting period

8. (1) Section 119 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(5) Where—

(a) a person is qualified to receive a sickness benefit by virtue of the operation of sub-section 108 (1aa); or

(b) a person is qualified to receive a sickness benefit otherwise than by virtue of the operation of sub-section 108 (1aa)and, immediately before becoming so qualified, was in receipt of—

(i) a wife’s pension under Part III;

(ii) a widow’s pension under Part IV;

(iii) a supporting parent’s benefit under Part IVAAA;

(iv) a special benefit under Division 6 of this Part;

(v) a rehabilitation allowance under Part VIII;

(vi) a service pension under the Repatriation Act 1920; or

(vii) an allowance under the Tuberculosis Act 1948,

then, notwithstanding anything contained in this section, the sickness benefit is payable—

(c) in a case where the person lodges a claim for the benefit within 13 weeks after the day (in this sub-section referred to as the ‘relevant day’) on which the person ceases to receive the pension or allowance referred to in paragraph 108 (1aa)(a) or the pension, benefit or allowance referred to in paragraph (b) of this sub-section, as the case may be—from and including the day after the relevant day; and

(d) in any other case—from and including the day on which a claim for the benefit is lodged, unless the Director-General is satisfied that the failure to lodge the claim within the time referred to in paragraph (c) was due to the cause of the incapacity or to some other sufficient cause, in which case the benefit shall be payable from and including the day after the relevant day.”.

(2) For the purposes of the application, before 1 March 1983, of sub-section 119 (5) of the Social Security Act 1947, a reference in that sub-section to a rehabilitation allowance shall be read as a reference to a training allowance under section 135d of that Act.

NOTE

1. No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948: No. 16. 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952: No. 51. 1953: No. 30. 1954; Nos. 15 and 38, 1955: Nos. 67 and 98, 1956: No. 46. 1957; No. 44, 1958: No. 57. 1959; No. 45, 1960; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48, 103 and 216, 1973; Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979 (as amended by Nos. 37 and 98, 1982); No. 130, 1980; No. 61, 1981; No. 159, 1981 (as amended by No. 98, 1982); No. 170, 1981; and Nos. 37 and 98, 1982.