Social Security Legislation Amendment Act 1982
No. 98 of 1982
TABLE OF PROVISIONS
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
PART II—AMENDMENTS OF THE AGED OR DISABLED PERSONS HOMES ACT 1954
3. Principal Act
4. Interpretation
5. Amounts of grants
6. Authorization of payments
7. Delegation
PART III—AMENDMENT OF THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971
8. Principal Act
9. Provision of vocational training
PART IV—AMENDMENTS OF THE DEFENCE (RE-ESTABLISHMENT) ACT 1965
10. Principal Act
11. Insertion of new section in Part V—
46a. Interpretation
12. Application of Part VIII of Social Security Act
13. Repeal of section 48 and new section substituted—
48. Payments during treatment or training
14. Persons not entitled to assistance or benefit
15. Interpretation
16. Application of Part VIII of the Social Security Act
17. Payments during treatment or training
18. Persons not entitled to assistance or benefit
TABLE OF PROVISIONS—continued
Section
PART V—AMENDMENTS OF THE DELIVERED MEALS SUBSIDY ACT 1970
19. Principal Act
20. Interpretation
21. Director-General’s approvals
22. Authorization of payments
23. Moneys to be paid out of National Welfare Fund
24. Delegation
PART VI—AMENDMENTS OF THE SOCIAL SECURITY ACT 1947
25. Principal Act
26. Interpretation
27. Insertion of new section in Part I—
6a. Certain persons to be disregarded for certain purposes
28. Officers to observe secrecy
29. Interpretation
30. Interpretation
31. Interpretation
32. Student children over the age of 16 years
33. Insertion of new section
26. Incentive allowance
34. Examination by medical practitioner
35. Rate of age or invalid pension
36. Rate of age or invalid pension
37. Rate of age or invalid pension
38. Variation of maximum rates of age and invalid pensions
39. Supplementary assistance
40. Supplementary assistance
41. Supplementary assistance
42. Wife’s pension
43. Rate of wife’s pension
44. Repeal of section 42
45. Receipt of income or occurrence of an event to be notified
46. Student children over the age of 16 years
47. After section 61a, insertion of new section—
61b. Qualification of certain widows
48. Rate of widow’s pension
49. Rate of widow’s pension
50. Supplementary assistance
51. Repeal of section 71
52. Receipt of income or occurrence of an event to be notified
53. Student children over the age of 16 years
54. Rate of benefit
55. Grant of new pension to pensioner outside Australia
56. Manner of payment of pension
57. Interpretation
58. Other funeral benefits
59. Prescribed persons
60. Prescribed persons
61. Prescribed persons
62. Insertion of new Part after Part IVa—
PART V—FAMILY INCOME SUPPLEMENT
84. Interpretation
85. Persons who are eligible to receive allowance
86. Rate of allowance
87. Claim for allowance
88. Payment of allowance
TABLE OF PROVISIONS—continued
Section
89. Persons outside Australia
90. Notification and review
91. Increase in rate of allowance
92. Cancellation or suspension of allowance
93. Sharing of allowance between 2 persons
63. Interpretation
64. Interpretation
65. Family allowance
66. Qualification for…
Overview
The Social Security Legislation Amendment Act 1982 No. 98 of 1982 was enacted by the Queen, with the advice and consent of the Senate and the House of Representatives of the Commonwealth of Australia. This Act relates to social security and aims to address various gaps and issues within the existing social security legislation. The Act amends several principal Acts, including the Aged or Disabled Persons Homes Act 1954, the Compensation (Commonwealth Government Employees) Act 1971, the Defence (Re-establishment) Act 1965, the Delivered Meals Subsidy Act 1970, and the Social Security Act 1947. Additionally, it amends the Social Services Amendment Act 1981 and the Social Services Amendment Act 1979. The policy objective of this Act is to update and improve the social security system in Australia by making necessary amendments to the relevant legislation.
Scope and Application
The Social Security Legislation Amendment Act 1982 applies to various Acts under the Commonwealth of Australia. The Act amends the Aged or Disabled Persons Homes Act 1954, the Compensation (Commonwealth Government Employees) Act 1971, the Defence (Re-establishment) Act 1965, the Delivered Meals Subsidy Act 1970, and the Social Security Act 1947. The amendments primarily relate to financial adjustments, changes in definitions, and modifications in eligibility criteria for various pensions, benefits, and allowances. For instance, the Act modifies the rates of pensions and allowances, updates definitions to reflect current terminology, and adjusts the income thresholds for determining eligibility. The amendments extend to individuals and entities such as pensioners, beneficiaries, claimants, and other recipients of social security benefits. The Act does not explicitly state exclusions or thresholds but implies that changes in rates and eligibility criteria inherently exclude certain individuals from qualifying for benefits. The application of the Act is national, as it pertains to Commonwealth legislation affecting social security across Australia. The Act does not extend or restrict its application through subordinate instruments.
Key Provisions
- The Social Security Legislation Amendment Act 1982 (Act) primarily makes amendments to the Aged or Disabled Persons Homes Act 1954, the Compensation (Commonwealth Government Employees) Act 1971, the Defence (Re-establishment) Act 1965, the Delivered Meals Subsidy Act 1970, and the Social Security Act 1947. The Act also amends the Social Services Amendment Acts 1979 and 1981. The Act introduces new sections, repeals existing sections, and modifies provisions to update the eligibility criteria, benefit rates, and payment procedures.
- The Act requires, for example, the amendment of definitions and eligibility criteria in the Aged or Disabled Persons Homes Act 1954, Compensation (Commonwealth Government Employees) Act 1971, Defence (Re-establishment) Act 1965, Delivered Meals Subsidy Act 1970, and the Social Security Act 1947. The Act also updates benefit rates and payment procedures. For example, the Act increases the amount of grants and payments in the Aged or Disabled Persons Homes Act 1954, modifies the provision of vocational training in the Compensation (Commonwealth Government Employees) Act 1971, and introduces new sections and modifies existing ones in the Defence (Re-establishment) Act 1965 and the Social Security Act 1947.
- The Act imposes several obligations on the parties or entities it governs. For instance, the Act requires the Director-General to determine the rates of allowances and benefits, make payments, and review claims. The Act also mandates the provision of medical certificates and other documents as necessary. Additionally, the Act imposes obligations on individuals to notify the Department of changes in income or other specified events, and comply with review and notification requirements.
- The Act also outlines various offences, penalties, and civil or criminal consequences for breaches. For example, failure to comply with notification and review requirements may result in a fine not exceeding $100. Additionally, the Act provides for the recovery of overpayments and allows the Director-General to waive the right to recover certain amounts under specific circumstances. Furthermore, the Act outlines the procedures for the suspension or cancellation of allowances and benefits for non-compliance or other reasons. The maximum penalties for breaches of the Act are specified as fines not exceeding $100, depending on the offence.
- Area of Law
- Social Security
- Welfare Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Repeal & Amendment
- Regulatory Standards
- Licensing & Registration
- Reporting & Disclosure Obligations
- Civil Penalty Provisions