Social Services Act 1955 (Cth)

SOCIAL SERVICES.

 

No. 15 of 1955.

An Act to amend the Social Services Act 1947–1954.

[Assented to 4th June, 1955.]

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

Short title and citation.

1.—(1.) This Act may be cited as the Social Services Act 1955.

(2.) The Social Services Act 1947–1954 is in this Act referred to as the Principal Act.

 

(3.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947–1955.

Commencement.

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

Parts

3. Section five of the Principal Act is amended—

(a) by omitting the words—

“Division 8.—General (Sections 132–133).”

and inserting in their stead the words—

“Division 8.—General (Sections 132–133b).”; and

(b) by omitting the words—

“Part VIII.—Rehabilitation of Physically Handicapped Persons (Sections 134–135s).”

and inserting in their stead the words—

“Part VIII.—The Commonwealth Rehabilitation Service (Sections 134–135s).”.

Heading to Part VIII.

4. The heading to Part VIII. of the Principal Act is repealed and the following heading is inserted in its stead:—

“Part VIII—The Commonwealth Rehabilitation Service.”.

Provision of treatment and training.

5. Section one hundred and thirty-five of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) The Director-General may, on behalf of the Commonwealth, provide, or arrange for the provision of—

(a) treatment and training of—

(i) pensioners and claimants for pensions;

(ii) beneficiaries and claimants for benefits who, without that treatment and training, would be likely to become unemployable;

(iii) persons in respect of whom allowances are being paid under section nine of the Tuberculosis Act 1948; and

(iv) persons who have attained the age of fourteen years but have not attained the age of sixteen years, being persons who, without that treatment and training, would be likely to become qualified to receive pensions on attaining the age of sixteen years; and

(b) such facilities and other things as are necessary in connexion with treatment or training referred to in the last preceding paragraph.”.

 

Eligibility for treatment and training.

6. Section one hundred and thirty-five a of the Principal Act is amended by inserting in paragraph (c) of sub-section (2.), after the word “is”, the words “, or is likely to be,”.

Payments during training.

7.—(1.) Section one hundred and thirty-five d of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) While a person (not being a person referred to in sub-paragraph (iii) or (iv) of paragraph (a)of sub-section (1.) of section one hundred and thirty-five of this Act) is receiving training, he shall be paid a rehabilitation allowance at a rate determined in accordance with this section, together with a training allowance at the rate of One pound ten shillings per week, and any pension (including any wife’s allowance or child’s allowance payable by virtue of his being a pensioner), or any benefit, payable to or in respect of him, or which he is qualified to receive, shall be .suspended.”; and

(b) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) In addition to the allowances referred to in sub-section (1.) of this section, the Director-General may, where he is satisfied that it is necessary for a trainee (including a person referred to in sub-paragraph (iii) of paragraph (a)of sub-section (1.) of section one hundred and thirty-five of this Act but not including a person referred to in sub-paragraph (iv) of that paragraph) to live away from his usual place of residence for the purpose of receiving training, authorize payment to the trainee of a living away from home allowance at a rate not exceeding—

(a) in the case of an unmarried trainee—One pound fifteen shillings per week for the first eight weeks of the period of training;

(b) in the case of a married trainee where neither the trainee nor his wife has the custody, care and control of a child under the age of sixteen years— Three pounds per week for the first .eight weeks of the period of training and One pound ten shillings per week thereafter until the end of the period of training; and

(c) in the case of a married trainee where the trainee or his wife has the custody, care and control of at least one child under the age of sixteen years— Three pounds per week during the period of training.”.

 

(2.) The amendment made by paragraph (a) of the last preceding sub-section applies in relation to instalments of training allowance falling due on the first pension pay day occurring after the date of commencement of this Act and in relation to all subsequent instalments.

8.Section one hundred and thirty-five j of the Principal Act is repealed and the following section inserted in its stead:—

Treatment, &c, to be provided free of cost.

“135j. The cost of treatment and training provided for a person referred to in paragraph (a) of sub-section (1.) of section one hundred and thirty-five of this Act, and the cost of any medical examination for the purpose of determining the eligibility of such a person to receive treatment and training, shall be borne by the Commonwealth.”.

Provision of books, &c.

9. Section one hundred and thirty-five l of the Principal Act is amended by omitting from sub-section (1.) the words “Thirty pounds” and inserting in their stead the words “Forty pounds”.

Persons becoming ineligible for pension or benefit during treatment or training.

10. Section one hundred and thirty-five p of the Principal Act is amended by omitting the words “or rehabilitation allowance” and inserting in their stead the words “,rehabilitation allowance or allowance under section nine of the Tuberculosis Act 1948”.

11. After section one hundred and thirty-five r of the Principal Act the following section is inserted:—

Loans for purposes of vocations engaged in at home.

“135ra.—(1.) This section applies in relation to a person who—

(a) has received treatment or training;

(b) is physically handicapped to such an extent that, in the opinion of the Director-General, he may best earn or contribute towards his livelihood by engaging in a vocation at his home; and

(c)is, in the opinion of the Director-General, in need of assistance under this section.

“(2.) The Director-General may, on behalf of the Commonwealth, make a loan or loans of money in accordance with this section to a person in relation to whom this section applies for the purpose of enabling him to purchase, take on hire or otherwise acquire tools of trade, stock, plant or equipment, or to meet any other expenses, in connexion with his engaging in a vocation at his home.

“(3.) The amount of a loan made to a person under this section, or the total amount of the loans so made, shall not exceed Two hundred pounds.

“(4.) Interest at the rate of Four pounds ten shillings per centum per annum is payable, at such intervals as are determined by the Director-General, upon moneys lent under this section.

“(5.) Subject to this section, the terms and conditions of a loan under this section shall be as determined by the Director-General.”.

 

Arrangements for provision of treatment and training for other persons.

12.Section one hundred and thirty-five s of the Principal Act is amended—

(a) by inserting after sub-section (1.) the following sub-section:—

“(1a.) The Director-General may make arrangements with a person under which the Director-General may provide treatment and training for that person or for the person or persons specified in the arrangement.”;

(b)by omitting from sub-section (2.) the words “Any such arrangement” and inserting in their stead the words “An arrangement under either of the last two preceding sub-sections”; and

(c