Social Services Act (No. 3) 1972 (Cth)

Social Services (No. 3)

No. 53 of 1972

An Act relating to the Continuation of the Payment of Pensions and other Benefits to certain Persons after they cease to be Resident in Australia.

[Assented to 7 June 1972]

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 (No. 3) 1972.

(2.) The Social Services Act 1947–1971, as amended by the Social Services Act 1972 and by the Social Services Act (No. 2) 1972, is in this Act referred to as the Principal Act.

 

(3.) Section 1 of the Social Services Act (No. 2) 1972 is amended by omitting sub-section (4.).

(4.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947–1972.

Commencement.

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

Parts.

3. Section 5 of the Principal Act is amended by omitting the words—

“Part IVa.—Funeral Benefits (Sections 83a–83e).’

and inserting in their stead the words—

“Part IVaa.—Continuation of payment of Pension after Pensioner leaves Australia (Sections 83aa–83ae).

“Part IVa.—Funeral Benefits (Sections 83a–83e).”.

4. After Part IV. of the Principal Act the following Part is inserted:—

“Part IVaa.—Continuation of payment of Pension after Pensioner leaves Australia.

Interpretation

“83aa.—(1.) In this Part—

‘Australian pension’ means a pension or allowance (other than an allowance by way of supplementary assistance) under Part III. or Part IV., and includes a pension or allowance continued in force by virtue of paragraph (c) or (f) of section 4 of this Act;

‘external Territory’ means a Territory of the Commonwealth that does not form part of the Commonwealth;

‘participating country’ means a country with which an agreement is in force under this Part;

‘the prescribed period’, in relation to a person who leaves Australia or an external Territory for the purpose of residing in a participating country, means the period during which he resides (whether temporarily or permanently) in that participating country or any other participating country, and includes any period that he spends in travelling between Australia or an external Territory and a participating country or between participating countries.

“(2.) For the purposes of this Part, a person shall be deemed to have been resident in Australia during any period of service by him outside Australia as a member of the Defence Force.

Agreement for reciprocal payment of pensions outside country of paying Government.

“83ab.—(1.) Subject to this section, the Government of the Commonwealth may enter into an agreement with the Government of another country under which each Government agrees to pay pensions of the

kinds specified in the agreement to persons who have left the country of that Government and are residing (whether temporarily or permanently) in the country of the other Government.

“(2.) In negotiating an agreement under the last preceding sub-section on behalf of the Commonwealth, the Minister or any other person having the conduct of the negotiations shall have regard to the kinds of pension paid, or to be paid, by the other country to persons who have left that country and are residing in Australia and, in particular, shall have regard to whether those pensions correspond to the pensions paid, or to be paid, by the Commonwealth to persons who have left Australia and are residing in that other country.

“(3.) An agreement under sub-section (1.) of this section shall not make provision for the payment of pensions by the Commonwealth except in accordance with the next succeeding section.

“(4.) An agreement under sub-section (1.) of this section shall not make provision with respect to taxation.

Continuation of payment of Australian pension.

“83ac—(1) Subject to this section, where a person who is in receipt of an Australian pension leaves Australia or an external Territory for the purpose of residing (whether temporarily or permanently) in a participating country, that person is entitled to the continued payment of his pension during the prescribed period as if he were residing in Australia.

‘(2.) A pension shall not continue to be paid to a person by virtue of this section unless the circumstances set out in one of the following paragraphs are applicable:—

(a) the pensioner, after having attained the age of sixteen years, has resided in Australia for a period of, or for periods amounting in the aggregate to, not less than twenty years;

(b) the pension is an invalid pension and the permanent incapacity for work or the permanent blindness of the pensioner by reason of which the pension is payable resulted from an accident or injury, or a disease, that occurred when he was permanently resident in Australia;

(c) the pension is a widow’s pension payable by reason of the death of the husband of the pensioner and that death occurred when both the pensioner and her husband were permanently resident in Australia;

(d) the pension is a wife’s allowance under Part III.

‘(3.) Where—

(a) a person who is in receipt of a pension by virtue of sub-section (1.) of this section would, if that pension were cancelled, be entitled, if he were residing in Australia, to the grant of another pension, being an Australian pension; and

 

(b) the circumstances set out in one of the paragraphs of the last preceding sub-section are applicable in relation to that other pension,

that first-mentioned pension may be cancelled, and that other pension may be granted and paid, as if he were residing in Australia.

“(4.) Where the Director-General considers that a period of travel that forms part of the prescribed period in relation to a person is longer than was reasonably required to make the journey concerned, the Director-General may, by instrument in writing, direct that pension is not payable to the person with respect to that period of travel or such part of that period as is specified in the direction.

Manner of payment of pension.

‘”83ad. A pension payable by virtue of this Part shall be paid in such manner, and in such instalments, as the Director-General determines.

Part not subject to regulations under section 137.

“83ae. This Part is not subject to any modification or adaptation by virtue of regulations in force under section one hundred and thirty-seven of this Act, whether made before or after the commencement of this Part.”.