Social Services Act 1957 (Cth)

SOCIAL SERVICES.

 

No. 46 of 1957.

An Act to amend the Social Services Act 1947–1956.

[Assented to 17th October, 1957.]

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 1957.

(2.) The Social Services Act 1947–1956 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 1947–1957.

Commencement.

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

Rate of pension.

3. Section twenty-eight of the Principal Act is amended—

(a) by omitting from sub-section (1a.) the words “Two hundred and eight pounds” and inserting in their stead the words “Two hundred and twenty-seven pounds ten shillings”; and

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

“(3.) A claimant or pensioner who is permanently blind and is receiving a war pension shall not be paid a pension under this Part at a rate per fortnight exceeding—

(a)in the case of an unmarried person—the amount by which the rate per fortnight of his war pension is less than the special

 

rate of pension specified in the Second Schedule to the Repatriation Act 1920–1957; or

(b) in the case of a married person.—

(i) half the amount by which the sum of the rate per fortnight of his war pension and the rate per fortnight of the war pension (if any) payable to his spouse is less than Thirty-one pounds ten shillings; or

(ii) the rate per fortnight of the invalid pension that he would be eligible to receive if he were not a permanently blind person but were permanently incapacitated for work,

whichever is the greater.”.

Inmates of benevolent homes.

4. Section fifty of the Principal Act is amended by omitting from paragraph (a)of sub-section (1.) the words “Seventy-two pounds sixteen shillings” and inserting in their stead the words “Seventy-nine pounds six shillings”.

Rate of widow’s pension.

5. Section sixty-three of the Principal Act is amended—

(a) by omitting from paragraph (a)of sub-section (1.) the words “Two hundred and twenty-one pounds” and inserting in their stead the words “Two hundred and forty pounds ten shillings”;

(b) by omitting from paragraph (ab)of sub-section (1.) the words “Two hundred and twenty-one pounds” and inserting in their stead the words “Two hundred and forty pounds ten shillings”;

(c) by omitting from paragraph (b)of sub-section (1.) the words “One hundred and seventy-five pounds ten shillings” and inserting in their stead the words “One hundred and ninety-five pounds”; and

(d) by omitting from sub-section (3.) the words “Three pounds seven shillings and sixpence” and inserting in their stead the words “Three pounds fifteen shillings”.

Inmates of benevolent homes.

6. Section eighty of the Principal Act is amended by omitting from paragraph (a)of sub-section (1.) the words “Sixty-three pounds fourteen shillings” and inserting in their stead the words “Seventy pounds four shillings”.

Payment of maternity allowance in respect of birth during temporary absence from Australia.

7. Section ninety-two of the Principal Act is amended by omitting paragraph (a) of sub-section (2.) and inserting in its stead the following paragraph:—

“(a)unless that woman or her husband—

(i) is a resident of Australia as defined by the Income Tax and Social Services Contribution Assessment Act 1936–1957; and

(ii) is not a resident of a place outside Australia specified in section seven of that Act; or”.

Payment of endowment during temporary absence from Australia.

8. Section one hundred and four of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) An endowment shall not be granted or paid by virtue of the last preceding sub-section unless the person to whom the endowment is granted or paid or, if that person is a woman, that woman or her husband—

(a) is a resident of Australia as defined by the Income Tax and Social Services Contribution Assessment Act 1936–1957; and

(b)is not a resident of a place outside Australia specified in section seven of that Act.”.

Rate of unemployment and sickness benefit.

9. Section one hundred and twelve of the Principal Act is amended—

(a) by omitting from paragraph (a)of sub-section (1.) the words “One pound ten shillings” and inserting in their stead the words “One pound fifteen shillings”;

(b) by omitting from paragraph (b)of sub-section (1.) the words “Two pounds” and inserting in their stead the words “Two pounds seven shillings and six-pence”;

(c) by omitting from paragraph (c) of sub-section (1.) the words “Two pounds ten shillings” and inserting in their stead the words “Three pounds five shillings”;

(d) by omitting from sub-sections (2.), (3.) and (4.) the words “Two pounds” (wherever occurring) and inserting in their stead the words “Two pounds seven shillings and sixpence”; and

(e)by omitting from sub-section (5.) the words “Five shillings” (wherever occurring) and inserting in their stead the words “Ten shillings”.

Means test.

10. Section one hundred and fourteen of the Principal Act is amended—

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

“(1.) The rate per week of the unemployment benefit or of the sickness benefit payable to a person shall be reduced by the amount (if any) by which the rate of income per week of that person exceeds—

(a)in the case of an unmarried person who has attained the age of sixteen years but has not attained the age of twenty-one years— One pound; and

(b) in any other case—Two pounds.”; and

(b)by omitting from sub-section (4.) the words “Two pounds” and inserting in their stead the words “Two pounds seven shillings and sixpence”.

Application of amendments.

11. The amendments effected by this Act apply in relation to—

(a)an instalment of a pension falling due on the first pension pay day after the date of commencement of this Act and to all subsequent instalments;

(b)endowment or benefit in respect of a period commencing on or after that date; and

(c