Social Services Consolidation Act 1953 (Cth)

SOCIAL SERVICES CONSOLIDATION.

No. 51 of 1953.

An Act to amend the Social Services Consolidation Act 1947-1952.

[Assented to 26th October, 1953.]

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 Consolidation Act 1953.

(2.) The Social Services Consolidation Act 1947-1952 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 Consolidation Act 1947-1953.

Commencement.

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

Definitions.

3. Section eighteen of the Principal Act is amended—

(a) by omitting the definition of “benevolent asylum” and inserting in its stead the following definition :—

“‘benevolent home’ means a benevolent home which is wholly or partly maintained by contributions from the Consolidated Revenue Fund of the Commonwealth or the consolidated revenue of a State and is approved by the Director-General; “; and

 

(b) by omitting paragraphs (f) and (g) of the definition of “income” and inserting in their stead the following paragraphs :—

“(f) a benefit under a law of the Commonwealth (other than this Act) relating to the provision of pharmaceutical, sickness or hospital benefits, or of medical or dental services;

“(g) such part of a payment, made by an organization registered under a law referred to in the last preceding paragraph, for or in respect of expenses incurred by a person for hospital, medical or dental treatment as does not exceed the amount remaining after deducting from the amount of those expenses the amount of benefit received under that law for or in respect of those expenses;”.

Absence from Australia.

4. Section twenty of the Principal Act is amended by omitting from paragraph (b) of sub-section (2.) the words “the Income Tax and Social Services Contribution Assessment Act 1936-1952 “ and inserting in their stead the words “an Act relating to the imposition, assessment and collection of a tax upon incomes in force during that period “.

Qualifications for age pension.

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

“(2.) Where a claimant has not been continuously resident in Australia for a period of twenty years but the total of the periods of his residence in Australia exceeds eighteen years, there shall be calculated in respect of the claimant a period, not exceeding the total of the periods of his absence from Australia after having been resident in Australia, equal to the total of—

(a) a period of two years; and

(b) a period equal to one-half of the period by which the total of the periods of his residence in Australia exceeds a period of eighteen years,

and the claimant shall be deemed, for the purposes of this section, to have been resident in Australia during such period or periods, not exceeding in all the period so calculated, as will, when taken into account with the period or periods of his residence in Australia, result in the longest period of continuous residence in Australia that can, by the application of this sub-section, be attributed to him.”.

Conditions of grant of age pension.

6. Section twenty-two of the Principal Act is amended by omitting from paragraph (g) the words “One thousand pounds” and inserting in their stead the words “One thousand two hundred and fifty pounds”.

 

Conditions of grant of invalid pension.

7. Section twenty-five of the Principal Act is amended—

(a) by omitting from paragraph (f) of sub-section (1.) the words “One thousand pounds” and inserting in their stead the words “One thousand two hundred and fifty pounds”; and

(b) by adding at the end thereof the following sub-section :—

“(3.) For the purposes of paragraph (b) of subsection (1.) of this section, a child born out of Australia during the temporary absence of his mother from Australia and who, on his arrival in Australia, is permanently incapacitated for work or permanently blind shall be deemed to have become permanently incapacitated for work or permanently blind, as the case may be, in Australia.”.

Rate of pension.

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

(a) by omitting from sub-section (1.) the words “One hundred and seventy-five pounds ten shillings” and inserting in their stead the words “One hundred and eighty-two pounds “;

(b) by omitting sub-section (2.) and inserting in its stead the following sub-sections:—

“(2.) The annual rate at which an age or invalid pension is determined shall, except in the case of a permanently blind claimant or pensioner, be reduced by the amount (if any) by which the income of the claimant or pensioner, apart from the pension, exceeds—

(a) in the case of a claimant or pensioner who is a married person and whose husband or wife is not an age or invalid pensioner or a service pensioner—One hundred and thirty pounds per annum; or

(b) in any other case—One hundred and four pounds per annum.

“(2a.) Where, but for this sub-section, the rate of age or invalid pension which would be payable under the preceding provisions of this section to a claimant or pensioner who is a married person and whose husband or wife is not an age or invalid pensioner or a service pensioner would be such that the aggregate of the rate per annum of that age or invalid pension, and the total income per annum of that person and of that person’s husband or wife, and the rate per annum of the wife’s

 

allowance (if any) payable to that person’s wife would exceed Five hundred and seventy-two pounds per annum, the rate per annum of that age or invalid pension shall be further reduced by the amount of the excess.

“(2b.) The annual rate at which an age or invalid pension would be payable under the preceding provisions of this section shall be reduced—

(a) by One pound for every complete Ten pounds of that portion (if any) of the value of the property of the claimant or pensioner which exceeds One hundred and fifty pounds but does not exceed Four hundred and fifty pounds; and

(b) by Two pounds for every complete Eleven pounds of the remainder (if any) of the value of that property.”;

(c) by omitting from paragraph (a) of sub-section (3.) the words “Two hundred and twenty-seven pounds ten shillings” and inserting in their stead the words “ Two hundred and fifty-three pounds ten shillings”;

(d) by omitting from paragraph (b) of sub-section (3.) the words “Four hundred and sixteen pounds” and inserting in their stead the words “Four hundred and sixty-one pounds ten shillings”; and

(e) by omitting from paragraph (c) of sub-section (3.) the words “Three hundred and twenty-five pounds” and inserting in their stead the words “Three hundred and ninety pounds”.

Computation of value of property.

9. Section thirty of the Principal Act is amended by omitting from sub-paragraph (vi) of paragraph (a) of sub-section (1.) the words “(not exceeding Seven hundred and fifty pounds in the aggregate)”.

Interpretation

10. Section thirty-one of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section :—

“(1.) In this Division, ‘invalid pensioner’ includes an age pensioner who is permanently incapacitated for work or permanently blind.”.

Wife’s allowance.

11. Section thirty-two of the Principal Act is amended by inserting in sub-section (1.), after the words “invalid pensioner” (second occurring), the words “(not being a permanently blind person who would not be in receipt of a pension but for the operation of sub-section (2a.) of section thirty-six of this Act)”.

 

Amount of wife’s allowance.

12. Section thirty-three of the Principal Act is amended—

(a) by omitting sub-section (2.) and inserting in its stead the following sub-section :—

“(2.) The annual rate at which a wife’s allowance is determined shall be reduced—

(a) by the amount (if any) by which the income of the wife, apart from the allowance, exceeds One hundred and thirty pounds per annum; and

(b) by One pound for every complete Ten pounds of that portion (if any) of the value of the property of the wife which exceeds One hundred and fifty pounds but does not exceed Four hundred and fifty pounds, and by Two pounds for every complete Eleven pounds of the remainder (if any) of the value of that property.”; and

(b) by omitting from sub-section (2a.) the words “Four hundred and nine pounds ten shillings” and inserting in their stead the words “Four hundred and sixty-one pounds ten shillings”.

Allowances not to be paid in certain circumstances.

13. Section thirty-five of the Principal Act is amended by omitting from paragraphs (b) and (d) the words “benevolent asylum” and inserting in their stead the words “benevolent home”.

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

14. Section forty-five of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section :—

“(2.) Whenever a pensioner, throughout any period of eight consecutive weeks, receives income exceeding—

(a) in the case of a married pensioner whose spouse is an age or invalid pensioner or a service pensioner and who does not live apart from his spouse—Four pounds per week;

(b) in the case of a married pensioner whose spouse is not an age or invalid pensioner or a service pensioner and who does not live apart from his spouse—Five pounds per week; or

(c) in any other case—Two pounds per week,

and the average weekly rate of that income is higher than the weekly rate of income last specified by him in a claim, statement or notification under this Part, the pensioner shall, within fourteen days after the expiration of that period, notify a Director accordingly.”.

Inmates of benevolent homes.

15. Section fifty of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “benevolent asylum” (wherever occurring) and inserting in their stead the words “benevolent home”;

(b) by omitting from paragraph (a) of sub-section (1.) the words “Sixty-one pounds two shillings” and inserting in their stead the words “Sixty-three pounds fourteen shillings” and

 

(c) by omitting sub-section (2.) and inserting in its stead the following sub-section :—

“(2.) The portion of a pension referred to in paragraph (b) of the last preceding sub-section is not payable under that paragraph or otherwise in respect of a period during which a benefit is payable in respect of the pensioner under a law of the Commonwealth relating to the provision of hospital benefits.”.

Claimant unfit to be entrusted with pension.

16. Section fifty-one of the Principal Act is amended by omitting the words “benevolent asylum” (wherever occurring) and inserting in their stead the words “benevolent home”.

Definitions.

17. Section fifty-four of the Principal Act is amended by inserting in the definition of “cost”, after the words “friendly society”, the words “or trade union”.

Definitions.

18. Section fifty-nine of the Principal Act is amended by omitting the definition of “benevolent asylum” and inserting in its stead the following definition :—

“‘benevolent home’ has the same meaning as in Part III. of this Act; “.

Conditions of grant of widow’s pension.

19. Section sixty-two of the Principal Act is amended—

(a) by omitting from sub-paragraph (i) of paragraph (d) of sub-section (1.) the words “One thousand two hundred and fifty pounds” and inserting in their stead the words “One thousand five hundred pounds”; and

(b)by omitting from sub-paragraph (ii) of that paragraph the words “One thousand pounds “and inserting in their stead the words “One thousand two hundred and fifty pounds”.

Rate of widow’s pension.

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

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

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

(c) by omitting from paragraph (a) of sub-section (2.) the words “Seventy-eight pounds” and inserting in their stead the words “One hundred and four pounds”;

(d) by omitting paragraph (b) of sub-section (2.) and inserting in its stead the following paragraph:—

“(b) in the case of a class B widow or a class D widow— by One pound for every complete Ten pounds of that portion (if any) of the value of the property

 

of the widow which exceeds One hundred and fifty pounds but does not exceed Four hundred and fifty pounds, and by One pound for every complete Seven pounds of the remainder (if any) of the value of that property.”;

(e) by omitting from paragraph (a) of sub-section (2a.) the words “Two hundred and fifty-three pounds ten shillings” and inserting in their stead the words “Two hundred and seventy-three pounds”;

(f) by omitting from paragraph (b) of sub-section (2a.) the words “Two hundred and eight pounds” and inserting in their stead the words “Two hundred and twenty-seven pounds ten shillings”;

(g) by omitting from sub-section (3.) the words “Two pounds fifteen shillings” and inserting in their stead the words “Two pounds seventeen shillings and sixpence”; and

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

Computation of value of property.

21. Section sixty-five of the Principal Act is amended by omitting from sub-paragraph (vi) of paragraph (a) of sub-section (1.) the words “(not exceeding Seven hundred and fifty pounds in the aggregate)”.

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

22. Section seventy-four of the Principal Act is amended by omitting from sub-section (2.) the words “One pound ten shillings” and inserting in their stead the words “Two pounds”.

Inmates of benevolent homes.

23. Section eighty of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “benevolent asylum” (wherever occurring) and inserting in their stead the words “benevolent home”;

(b) by omitting from paragraph (a) of sub-section (1.) the words “Fifty-two pounds” and inserting in their stead the words “Fifty-four pounds twelve shillings”; and

(c) by omitting sub-section (2.) and inserting in its stead the following sub-section :—

“(2.) The portion of a pension referred to in paragraph (b) of the last preceding sub-section is not payable under that paragraph or otherwise in respect of a period during which a benefit is payable in respect of the pensioner under a law of the Commonwealth relating to the provision of hospital benefits.”.

Interpretation.

24. Section one hundred and six of the Principal Act is amended by omitting paragraphs (c) and (d) of the definition of “income” in sub-section (1.) and inserting in their stead the following paragraphs :—

“(c) a benefit under a law of the Commonwealth (other than this Act) relating to the provision of pharmaceutical, sickness or hospital benefits, or of medical or dental services;

 

“(d) such part of a payment, made by an organization registered under a law referred to in the last preceding paragraph, for or in respect of expenses incurred by a person for hospital, medical or dental treatment as does not exceed the amount remaining after deducting from the amount of those expenses the amount of benefit received under that law for or in respect of those expenses;”.

Application of amendments.

25.