Social Services Act (No. 3) 1974 (Cth)

SOCIAL SERVICES ACT (No. 3) 1974

No. 91 of 1974

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 (No. 3) 1974.

(2) The Social Services Act 1947-1973, as amended by the Social Services Act 1974 and the Social Services Act (No. 2) 1974, is in this Act referred to as the Principal Act.

(3) Section 1 of the Social Services Act (No. 2) 1974 is amended by omitting sub-section (4).

(4) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947-1974.

Commencement.

2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.

(2) Sub-section (2) of section 3, sections 9, 15 and 22 and sub-section (2) of section 23 shall come into operation on 30 December 1974.

Definitions.

3. (1) Section 18 of the Principal Act is amended by inserting in the definition of “income”, after paragraph (e), the following paragraph:—

“(eaa) a payment under Part VIII, other than a training allowance under sub-section (1) of section 135d;”.

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

“(e) a payment under Division 4b of Part III or under Part V, VI, VIa, VIb, VII or VIIa”.

Conditions of grant of invalid pension.

4. Section 22 of the Principal Act is amended by omitting paragraphs (a) and (b).

Qualifications for invalid pensions for persons outside Australia.

5. Section 24a of the Principal Act is amended—

( a) by omitting from paragraph (b) of sub-section (1) all the words after the word “pension”; and

(b) by omitting paragraph sub-section (2).

Qualifications for invalid pensions for persons outside Australia.

6. Section 24a of the Principal Act is amended—

(a) by adding at the end of paragraph (c) the word “and”; and

(b) by omitting paragraph (d).

Conditions of grant of invalid pension.

7. Section 25 of the Principal Act is amended by omitting paragraph of sub-section (1).

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

8. Section 28 of the Principal Act is amended—

(a) by omitting from sub-section (1b) the words “Two hundred and sixty dollars” and substituting the figures “$286”;

(b) by omitting from sub-section (1f) the words “Two hundred and sixty dollars” (wherever occurring) and substituting the figures “$286”;

(c) by omitting from sub-paragraph (ii) of paragraph (a) of sub-section (3) the words “Ten dollars” and substituting the figures “$11”; and

(d) by omitting from the formula in sub-paragraph (ii) of paragraph (b) of sub-section (3) the figures “$1,157” and substituting the figures “$1,183”.

Computation of income.

9. Section 29 of the Principal Act is amended by omitting from paragraph (b) of sub-section (1) the words “or Part VIa” and substituting the words “, Part VIa or Part VIb”.

Supplementary assistance.

10. (1) Section 30a of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1) the words “Two hundred and sixty dollars” and substituting the figures “$312”;

(b) by omitting paragraph (d) of sub-section (3) and substituting the following paragraph:—

“(d) where the amount of his means as assessed is $52 or less—$260 per annum; or”;

(c) by omitting from paragraph (e) of sub-section (3) the words “Two hundred and sixty dollars” and substituting the figures “$312”; and

(d) by inserting after sub-section (3a) the following sub-sections:—

“(3b) Notwithstanding anything contained in this section, allowance by way of supplementary assistance by reason of the payment of rent is not payable to a person at a rate exceeding the rate at which that person pays rent.

“(3c) Where a person and the wife or husband of that person are persons the rates of whose supplementary allowances are fixed by sub-section (3a), the rent paid by that person shall, for the purposes of sub-section (3b), be deemed to be one-half of the rent paid by that person, by the wife or husband of that person or by both that person and the wife or husband of that person, as the case may be, in respect of their matrimonial home.”.

(2) The amendment made by paragraph (l)(d), in so far as it affects an allowance granted before the date on which this Act received the Royal Assent, does not have the effect of authorizing or requiring the payment of that allowance at a rate less than the rate of that allowance that was payable immediately before that date.

Notification by pensioner.

11. Section 30b of the Principal Act is amended by omitting sub­section (1) and substituting the following sub-section:—

“(1) Where a person in receipt of an allowance under section 30a—

(a) ceases to pay rent;

(b) has the rate of his rent reduced; or

(c) in any period of 2 consecutive weeks, receives income the average weekly rate of which is higher than the weekly rate of income last specified by him in a claim, statement or notification under this Part,

the person shall, within 14 days after the date on which the last payment of rent was due, the date on which the rate of his rent was reduced or the last day of the period referred to in paragraph (c), as the case may be, notify a Director accordingly.”.

Qualifications for widow’s pension.

12. Section 60 of the Principal Act is amended by omitting para­graph (f) of sub-section (1) and substituting the following paragraph:—

“(f) she has at any time been continuously resident in Australia for a period of not less than 10 years.”

Condition of grant of widow’s pension.

13. Section 62 of the Principal Act is amended by omitting paragraphs (a) and (b) of sub-section (1).

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

14. Section 63 of the Principal Act is amended—

(a) by omitting from sub-section (1a) the words “Two hundred and sixty dollars” and substituting the figures “$286”; and

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

“(1d) Where a class B widow has in her custody, care and control a child or children, the maximum rate of pension applicable in relation to her is the maximum rate of pension that would be so applicable if she were a class A widow.”.

Computation of income.

15. Section 64 of the Principal Act is amended by omitting from paragraph (b) the words “or Part VIa” and substituting the words “, Part VIa or Part VIb”.

Supplementary assistance.

16. (1) Section 65a of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1) the words “Two hundred and sixty dollars” and substitutingthe figures “$312”;

(b) by omitting paragraph (a) of sub-section (2a) and substituting the following paragraph: —

“(a) where the amount of her means as assessed is $52 or less—$260 per annum; or”;

(c) by omitting from paragraph (b) of sub-section (2a) the words “Two hundred and sixty dollars” and substituting the figures “$312”; and

(c) byinserting after sub-section (2a) the following sub-section:—

“(2b) Notwithstanding anything contained in this section, allowance by way of supplementary assistance by reason of the payment of rent is not payable to a widow at a rate exceeding the rate at which that widow pays rent.”.

(2) The amendment made by paragraph (l)(d), in so far as it affects an allowance granted before the date on which this Act received the Royal Assent, does not have the effect of authorizing or requiring the payment of that allowance at a rate less than the rate of that allowance that was payable immediately before that date.

17. Section 65b of the Principal Act is repealed and the following section substituted: —

Notification by widow.

“65b. Where a widow in receipt of an allowance under section 65a—

(a) ceases to pay rent;

(b) has the rate of her rent reduced; or

(c) in any period of 2 consecutive weeks, receives income the average weekly rate of which is higher than the weekly rate of income last specified by her in a claim, statement or notification under this Part,

the widow shall, within 14 days after the date on which the last payment of rent was due, the date on which the rate of her rent was reduced or the last day of the period referred to in paragraph (c), as the case may be, notify a Director accordingly.

Penalty: $40.”.

Qualifications for benefit.

18. Section 83aac of the Principal Act is amended—

(a) by omitting from paragraph (c) the word “or”; and

(b) by adding at the end thereof the following word and paragraph:—

“; or (e) she has at any time been continuously resident in Australia for a period of not less than 10 years.”.

Application of certain provisions of Part IV.

19. Section 83aaf of the Principal Act is amended by inserting in sub-section (1), after the word and figure “sub-section (2),”, the words and figure “section 61 and”.

Interpretation.

20. Section 83a of the Principal Act is amended by omitting from sub-paragraph (ii) of paragraph (a) of the definition of “pensioner” in sub-section (1) the words “rehabilitation allowance” and substituting the words “training allowance”.

Rate of pension.

21. Section 105c of the Principal Act is amended by omitting the words “Ten dollars” and substituting the figures “$11”.

Interpretation.

22. After Part VIa of the Principal Act the following Part is inserted:—

“PART VIb—HANDICAPPED CHILD’S ALLOWANCE

“105h. (1) In this Part, unless the contrary intention appears—

‘child ’ means a person who has not attained the age of 16 years;

‘endowment period’ means an endowment period determined for the purposes of Part VI;

‘medical practitioner’ means a person registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners;

‘private home ’ includes lodgings;

‘severely handicapped child’ means a child who—

(a) has a physical or mental disability;

(b) by reason of that disability, needs constant care and attention; and

(c) is likely to need such care and attention permanently or for an extended period.

“(2) For the purposes of this Part—

(a) where a husband has the custody, care and control of a child, that child shall, except where the husband and his wife are permanently living apart, be deemed, for the purposes of this Part, to be in the custody, care and control of the wife; and

(b) a severely handicapped child shall not be regarded as having ceased—

(i) to be in the custody, care and control of a person; or

(ii) to reside in the private home of a person,

by reason only of the absence of the child from that person’s home for a continuous period of not more than 30 days.

Qualifications for handicapped child’s allowance.

“105j. Subject to this Part, where a person who has the custody, care and control of a severely handicapped child provides, in a private home that is the residence of that person and of that child, constant care and attention in respect of that child, that person is qualified to receive a handicapped child’s allowance in respect of that child.

Handicapped child’s allowance not payable in certain circum­stances.

“105k. (1) Handicapped child’s allowance is not payable in respect of a child for any period unless, in respect of that period, endowment is, or would but for sub-section (3) of section 104 be, payable under Part VI in respect of the child to a person, other than an institution.

“(2) Handicapped child’s allowance is not payable in respect of a child for any day in respect of which benefit is payable in respect of the child under Division 5 or 5a of Part V of the National Health Act 1953-1974.

Claim for handicapped child’s allowance.

“105l. A claim for handicapped child’s allowance shall be in the prescribed form.

Rate of handicapped child’s allowance.

105m. The rate of a handicapped child’s allowance in respect of a child is $10 per week.

Director-General may require medical examination.

“105n. The Director-General may—

(a) at any time during his consideration of a claim for a handi­capped child’s allowance in respect of a child; or

(b) at any time when a handicapped child’s allowance is payable in respect of a child,

require that the child be examined by a medical practitioner specified by the Director-General.

Obligation to notify.

“105p. Where a child who is in the custody, care and control of a person who receives handicapped child’s allowance in respect of that child ceases to require constant care and attention, that person shall, within 14 days of that child’s ceasing to require that care and attention, notify a Director accordingly.

Penalty: $40.

Cessation of handicapped child’s allowance.

“105q. (1) A handicapped child’s allowance granted to a person ceases to be payable to the person if the person ceases to be qualified to receive it.

“(2) Where a handicapped child’s allowance would, but for this sub-section, cease to be payable during an endowment period, that allowance shall, by force of this sub-section, cease to be payable at the end of the endowment period.

Application of certain Provisions of art VI.

“105r. Sections 98, 99, 100, 101, sub-sections (1) and (2) of section 102 and section 104a apply in relation to—

(a) a claim for handicapped child’s allowance;

(b) a payment of handicapped child’s allowance; and

(c) a person to whom handicapped child’s allowance is payable, as if that allowance were an endowment under Part VI.”.

Interpretation.

23. (1) Section 106 of the Principal Act is amended—

(a) by inserting in sub-section (1), after the definition of “dependant”, the following definition:—

“‘dependent female’ means, in relation to the operation of any provision of this Part, a woman who has lived with a man (in this Part referred to as her husband) as his wife on a permanent and bona fidedomestic basis, although not legally married to him, for not less than 3 years immediately preceding the operation of that provision in relation to that woman or man;”;

(b) by inserting in the definition of “income” in sub-section (1), after paragraph (b), the following definition:—

“(ba) a payment under Part VIII, other than a training allowance under sub-section (1) of section 135d;”;

(c) by omitting from sub-section (1) the definition of “married person” and substituting the following definitions: —

“‘married person’ includes a dependent female and the husband of a dependent female, but does not include a person (other than a dependent female or the husband of a dependent female) who is—

(a) a widow;

(b) a widower; or

(c) a person whose marriage has been dissolved but who has not remarried,

 and ‘spouse’ has a corresponding meaning;

 ‘married woman’ means a woman who is a married person;”; and

(d) by omitting from sub-section (1) the definition of “unmarried person” and substituting the following definition: —

“‘unmarried person’ means a person who is not a married person.”.

(2) Section 106 of the Principal Act is amended by inserting in paragraph (b) of the definition of “income” in sub-section (1), after the letters “VIa,”, the letters “VIb,”.

Rate of unemployment and sickness benefit.

24.Section 112 of the Principal Act is amended—

(a) by omitting from sub-section (5) the words “Five dollars” and substituting the figures “$5.50”; and

(b) by omitting from paragraph (c) of sub-section (6) the words “Five dollars” and substituting the figures “$5.50”.

Supplementary allowance after first 6 weeks of sickness benefit.

25. (1) Section 112a of the Principal Act is amended—

(a) by omitting from sub-section (3) the words “Four dollars” and substituting the figures “$5.00”; and

(b) by inserting after sub-section (3) the following sub-section:—

“(3a) Notwithstanding anything contained in this section, supplementary allowance by reason of the payment of rent is not payable to a person at a rate exceeding the rate at which that person pays rent.”.

(2) The amendment made by paragraph (1)(b), in so far as it affects an allowance granted before the date on which this Act received the Royal Assent, does not have the effect of authorizing or requiring the payment of that allowance at a rate less than the rate of that allowance that was payable immediately before that date.

Receipt of income, &c., to be notified.

26. Section 130 of the Principal Act is amended—

(a) by omitting sub-section (1a) and substituting the following sub-section:—

“(1a) Where a beneficiary to whom a supplementary allow­ance is payable ceases to pay rent or has the rate of his rent reduced, he shall, within 7 days after he so ceases or after the rate of his rent is so reduced, notify a Registrar accordingly.”; and

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

“(1c) Where—

(a) a beneficiary is a dependent female or the husband of a dependent female and the rate of the benefit payable to the beneficiary is dependent upon that fact; and

(b) the circumstances by reason of which the beneficiary is a dependent female or the husband of a dependent female cease to exist,

the beneficiary shall, within 7 days after that cessation, notify a Registrar accordingly.”.

Amount of allowance.

27. Section 133j of the Principal Act is amended—

(a) by inserting, after the words “Part III”, the words “(other than under Division 4A of that Part)”; and

(b) by inserting, after the words “that Part”, the words “(other than under Division 4a of that Part)”

28. (1) After section 133j of the Principal Act the following section is inserted: —

Incentive allowance.

“133ja. A person to whom a sheltered employment allowance under this Part has been granted is entitled, during any period in respect of which he is entitled to receive that allowance, to receive in addition an incentive allowance at the rate of $5 per week.”.

Incentive allowance is not payable in respect of any period before this Act receives the Royal Assent.

Receipt of property, &c., to be notified.

29. Section 133l of the Principal Act is amended—

(a) by adding at the end of paragraph (a) of sub-section (3) the word “or”; and

(b) by omitting paragraph (b) of sub-section (3).

Heading to Part VIII.

30. The heading to Part VIII of the Principal Act is repealed and the following heading substituted:—

“PART VIII—THE AUSTRALIAN GOVERNMENT REHABILITATION SERVICE”.

31. Sections 135d and 135e of the Principal Act are repealed and the following section is substituted: —

Payments during training.

“135d. (1) Subject to this section, while a person is receiving training (not being training received concurrently with treatment), he shall be paid a training allowance at the appropriate rate determined in accordance with sub-section (3) and, while he is in receipt of the training allowance, any pension (including any allowance by way of supplementary assistance) and any benefit payable to him, and any wife’s pension payable to another person by reason of that first-mentioned person being a pensioner and any allowance by way of supplementary assistance payable to that other person, shall be suspended.

“(2) A training allowance shall not be paid, or shall cease to be paid, to a person if the person so requests the Director-General, in writing.

“(3) The Director-General may, from time to time, having regard to the amounts calculated with respect to adult males, all groups, by the Australian Bureau of Statistics as the amounts of the weighted average minimum weekly rates payable for a full week’s work (excluding overtime), as prescribed in awards, determinations and collective agreements, determine—

(a) a rate of training allowance, or rates of training allowance applicable to different classes of persons having regard to their age, in respect of full-time training; and

(b) a rate of training allowance, or rates of training allowance applicable to different classes of persons having regard to their age, in respect of part-time training.

“(4) Where the Director-General is satisfied that the trainee is required to live away from his usual place of residencefor the purpose of receiving training, the Director-General may authorize payment to the trainee of a living away from home allowance at a rate not exceeding 25 per centum of the rate, or of the higher or highest rate, determined by the Director-General under sub-section (3) in respect of full-time training.

“(5) The Director-General shall exercise his powers under this section in accordance with any directions of the Minister.”.

Payment of training allowances.

32. Section 135g of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “Rehabilitation allowances and training allowances” and substituting the words “Training allowances”;

(b) by omitting from sub-section (2) the words “a rehabilitation allowance and a training allowance are” and substituting the words “a training allowance is”; and

(c) by omitting from sub-section (4) the words “rehabilitation allowance” and substituting the words “training allowance”.

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

33. Section 135p of the Principal Act is amended by omitting the words “, rehabilitation allowance”.

Completion of treatment and training.

34. Section 135q of the Principal Act is amended by omitting sub-sections (2), (3) and (4).

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

35. Section 135u of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the words “that Part” and substituting the words “Division 4a, and a benefit under Division 4b, of that Part”;

(b) by adding at the end of paragraph (b) of sub-section (1) the words “or for the purposes of Division 5 of Part III of the Repatriation Act 1920-1974”;

(c) by adding at the end of paragraph (c) of sub-section (1) the words “or for the purposes of Division 5 of Part III of the Repatriation Act 1920-1974”;

(d) by omitting from sub-section (2) the words “rehabilitation allowance” and substituting the words “training allowance”; and

(e) by omitting from sub-section (5) the words “rehabilitation allowance” and substituting the words “training allowance”.

Modification of certain other laws.

36. Section 135v of the Principal Act is amended by omitting from sub-sections (1), (2) and (3) the words “section 128 of the Broadcasting and Television Act 1942-1969, or for the purposes of”.

Regulations maybe made after Royal Assent for purposes of Part VIb.

37. At any time after this Act receives the Royal Assent and before 30 December 1974, regulations may be made for the purposes of Part VIb of the Principal Act as amended by this Act as if that Part were in force, but regulations so made shall not come into operation before 30 December 1974.

Application of amendments.

38. (1) In so far as an amendment made by this Act affects instalments of pensions or allowances under the Social Services Act1947-1974, the amendment applies in relation to an instalment of a pension or allowance falling due on the day on which this Act receives the Royal Assent, if that day is a pension pay-day, or, if it is not, on the first pension pay-day after the day on which this Act receives the Royal Assent, and to all subsequent instalments.

(2) In so far as an amendment made by this Act affects instalments of service pensions under the Repatriation Act 1920-1974, the amendment applies in relation to an instalment of a service pension falling due on the day on which this Act receives the Royal Assent, if that day is a service pension pay-day, or, if it is not, on the first service pension pay-day after that day, and to all subsequent instalments.

(3) In so far as an amendment made by this Act affects instalments of benefits under Part VII of the Social Services Act 1947-1974, the amendment applies in relation to an instalment of benefit payable in respect of a period that commenced during the period of 6 days before the day on which this Act receives the Royal Assent and in relation to an instalment of benefit payable in respect of a period that commences on or after that day.