Social Services Act 1970 (Cth)

Social Services

No. 2 of 1970

An Act to amend the Social Services Act 1947–1969 in relation to certain Married Persons suffering Illness or Infirmity.

[Assented to 24 March 1970]

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 1970.

(2.) The Social Services Act 1947–1969 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 1947–1970.

Commencement.

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

Rate of age or invalid pension (including guardian’s allowance payable to an unmarried person).

3.Section 28 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the word “eight” and inserting in its stead the word “ nine”;

(b) by omitting from sub-section (1a.) the word “two” and inserting in its stead the word “three”;

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

“(1aaa.) Where the Director-General is satisfied that—

(a)the living expenses of a married person and the husband or wife of that person are, or are likely to be, greater than they would otherwise be by reason that those persons are unable, as a result of the illness or infirmity of either or both of them, to live together in a matrimonial home; and

(b)the inability is likely to continue indefinitely,

he may direct that the maximum rate of age pension or invalid pension in relation to the first-mentioned person is to be the rate specified in paragraph (a) of the last preceding sub-section.”;

(d) by omitting from sub-section (1aa.) the words “the last preceding sub-section” and inserting in their stead the words “sub-section (1a.) of this section”;

(e) by omitting from sub-paragraph (i) of paragraph (a) of sub-section (1e.) the word “or” (last occurring); and

(f) by omitting sub-paragraph (ii) of paragraph (a) of sub-section (1e.) and inserting in its stead the following sub-paragraphs:—

“(ii) in the case of a married person in respect of whom a direction is in force under sub-section (1aaa.) of this section—twice the annual rate of pension specified in paragraph (a) of sub-section (1a.) of this section; or

(iii) in the case of any other married person—twice the annual rate of pension specified in paragraph (b) of sub-section (1a.) of this section; and”.

Supplementary assistance.

4.Section 30a of the Principal Act is amended by omitting paragraph (a) of sub-section (1.) and inserting in its stead the following paragraph:—

“(a) the person is a pensioner to whom paragraph (a) of sub-section (1a.) of section twenty-eight of this Act applies or in respect of whom a direction is in force under sub-section (1aaa.) of that section;”.

On death of married person, widow or widower to receive combined pensions for three months.

5. Section 135u of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(10.) Where, immediately before the death of a person referred to in paragraph (a) or paragraph (c) of sub-section (2.) of this section, a direction given under sub-section (1aaa.) of section twenty-eight of this Act was in force in relation to the husband or wife of the person, then, for the purposes of this section—

(a) that direction shall be deemed not to have been given; and

(b)if a direction given under sub-section (1aaa.) of section twenty-eight of this Act or a determination made under sub-section (2.) of section eighty-four of the Repatriation Act 1920–1970 was in force in relation to the deceased person immediately before the death of the person—that direction or determination shall be deemed not to have been given or made.”.

Application of amendments.

6.