Social Services Act 1975 (Cth)

SOCIAL SERVICES ACT 1975

No. 34 of 1975

An Act relating to Social Services.

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

Short title and citation.

1. (1) This Act may be cited as the Social Services Act 1975.

(2) The Social Services Act 1947-1974 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 1947-1975.

Commencement.

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

Definitions.

3. Section 18 of the Principal Act is amended by omitting paragraphs (e) and (ea) of the definition of “income” and substituting the following paragraph:—

“(e) a payment under Part V, VI, VIa, VIb, VII or VIIa;”.

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

4. Section 28 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1a) the figures “$1,612” and substituting the figures “$1,872”;

(b) by omitting from paragraph (b) of sub-section (1a) the figures “$1,339” and substituting the figures “$1,560”;

(c) by omitting from sub-section (1b) the figures “$286” and substituting the figures “$364”;

(d) by omitting from sub-section (1f) the figures “$286” (wherever occurring) and substituting the figures “$364”;

(e) by omitting from sub-section (2aa) the words “seventy-five” and substituting the figures “70”;

(f) by omitting from sub-section (3) the words “seventy-five” and substituting the figures “70”;

(g) by omitting from sub-paragraph (ii) of paragraph (a) of sub-section (3) the figures “$11” and substituting the figures “$14”; and

(h) by omitting the formula in sub-paragraph (ii) of paragraph (b) of sub-section (3) and substituting the following formula:—

Repeal.

5. Division 4b of Part III of the Principal Act is repealed.

Inmates of benevolent homes.

6. Section 50 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the figures “$520” and substituting the figures “$624”; and

(b) by omitting from that paragraph the figures “$572” and substituting the figures “$676”.

Rate of widow’s pension (including mother’s allowance payable to Class A widows).

7. Section 63 of the Principal Act is amended by omitting subsection (1a) and substituting the following sub-section:—

“(1a) In the case of a Class A widow, the maximum rate of pension applicable under paragraph (a) or (aa) of sub-section (1) shall be increased by an amount per annum in respect of each child in her custody, care and control equal to the amount per annum specified in sub-section (1b) of section 28.”.

Inmates of benevolent homes.

8. Section 80 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the figures “$520” and substituting the figures “$624”; and

(b) by omitting from that paragraph the figures “$572 ” and substituting the figures “$676”.

Rate of unemployment and sickness benefit.

9. Section 112 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the figures “$31” and substituting the figures “$36”;

(b) by omitting from paragraph (b) of sub-section (1) the figures “$25.75” and substituting the figures “$30”;

(c) by omitting from sub-section (2) the figures “$25.75” (wherever occurring) and substituting the figures “$30”;

(d) by omitting from sub-section (4) the figures “$31” (wherever occurring) and substituting the figures “$36”;

(e) by omitting from sub-section (4a) the figures “$51.50” (wherever occurring) and substituting the figures “$60”;

(f) by omitting from sub-section (5) the figures “$5.50” and substituting the figure “$7”; and

(g) by omitting from paragraph (c) of sub-section (6) the figures “$5.50” and substituting the figure “$7”.

Special benefits.

10. Section 124 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:—

“(b) who is not a person to whom an unemployment benefit or a sickness benefit is payable; and”.

Benefit to be payable weekly.

11. Section 132 of the Principal Act is amended by adding at the end thereof the following sub-section: —

“(4) An instalment of a benefit may, if the Director-General so determines, be paid in advance.”.

12. After section 132 of the Principal Act the following section is inserted: —

Payment in advance for period during which qualification ceases.

“132a. Where—

(a) an amount has been paid in advance by way of benefit in respect of a period (being a period not exceeding 7 days) during which the beneficiary ceases to be qualified for the benefit; and the amount is not an amount to which sub-section (1) of section 140 applies,

(b) the fact of the beneficiary so ceasing to be qualified does not affect his entitlement to that payment or any part of that payment.”.

On death of married person, widow or widower to receive combined pensions for 12 weeks.

13. Section 135u of the Principal Act is amended by omitting from paragraph (a) of sub-section (1) the words “, and a benefit under Division 4b,”.

Payment into account with bank, credit union or building society.

14. Section 135w of the Principal Act is amended—

(a) by omitting the words “or credit union” (wherever occurring) and substituting the words credit union or building society”; and

(b) by omitting the definition of “account” in sub-section (7) and substituting the following definitions:—

“‘account’, in relation to a credit union or building society, means an account maintained by a person with the credit union or building society to which are credited moneys received on deposit by the credit union or building society from that person;

‘building society’ means an organization registered as a permanent building society under a law of a State or Territory,”.

Application of certain amendments.

15. (1) The amendments made by this Act, in so far as they affect instalments of age or invalid pensions—

(a) shall be deemed to have come into operation on 1 May 1975; and

(b) apply in relation to an instalment of such a pension or benefit falling due on that date and to all subsequent instalments.

(2) The amendments made by this Act, in so far as they affect transitional benefits for the aged blind, shall be deemed to have come into operation on 1 May 1975.

(3) The amendments made by this Act, in so far as they affect instalments of widows’ pensions or supporting mothers’ benefits—

(a) shall be deemed to have come into operation on 6 May 1975; and

(b) apply in relation to an instalment of such a pension or benefit falling due on that date and to all subsequent instalments.

(4) The amendments made by this Act, in so far as they affect instalments of service pensions under the RepatriationAct 1920-1975—

(a) shall be deemed to have come into operation on 8 May 1975; and

(b) apply in relation to an instalment of such a pension falling due on that date and to all subsequent instalments.

(5) In so far as an amendment made by this Act affects instalments of unemployment or sickness benefit, the amendment applies in relation to—

(a) an instalment of benefit payable in respect of a period that commenced during the period of 6 days immediately before the day on which this Act receives the Royal Assent, being an instalment paid in arrears; and

(b) an instalment of benefit payable in respect of a period that commences on or after the day on which this Act receives the Royal Assent, whether that instalment is paid in arrears or in advance.

Claims lodged on or before a certain date.

16. Where—

(a) before the expiration of the period of 3 months commencing on the date on which this Act receives the Royal Assent, a person lodges a claim for an age pension; and

(b) an age pension is granted to that person by virtue of the application in relation to that person of paragraph 28(2aa)(b) of the Principal Act, as amended by this Act, the age pension shall be paid from—

(c) where the person attained the age of 70 years on or before 1 May 1975—that date; or

(d) in any other case—the day on which the person attained or attains that age, if that day is a pension pay-day, or, if it is not, the first pension pay-day after that day.