Statutory Rules
1975 No. 176
REGULATIONS UNDER THE SOCIAL SERVICES ACT
1947-1975.*
I, THE GOVERNOR-GENERAL of Australia, acting with the
advice of the Executive Council, hereby make the following Regulations under
the Social Services Act 1947-1975.
Dated this fourth day of
September, 1975.
JOHN
R. KERR.
Governor-General.
By His Excellency’s Command,
JOHN M. WHEELDON
Minister of State for Social Security.
Amendments of the Social Services (Reciprocity with
United Kingdom) Regulations
Definitions.
1.
Regulation 4 of the Social Services (Reciprocity with United Kingdom)
Regulations is amended by omitting the definition of “ the Amending Agreement ”
and substituting the following definitions:—
“
‘the First Amending Agreement’ means the agreement on social security between
the Government of the United Kingdom of Great Britain and Northern Ireland and
the Government of the Commonwealth, being the agreement a copy of which is set
out in the Second Schedule;
‘
the Amended Principal Agreement ’ means the Principal Agreement as amended by
the First Amending Agreement;
‘
the Second Amending Agreement ’ means the agreement on social security made on
6 March 1975 between the Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of the Commonwealth by which agreement the
Amended Principal Agreement was amended in accordance with the variations set
out in the Third Schedule.”.
Notified
in the Australian Government
Gazette on 5 September 1975.
Statutory Rules 1958, No. 30, as amended by Statutory Rules 1962,
No. 85.
2.
Regulation 5 of the Social Services (Reciprocity with United Kingdom)
Regulations is repealed and the following regulation
substituted:—
Modifications and adaptations of Social Services Act.
“ 5. The Social Services Act 1947-1975, in its application to cases
affected by the Amended Principal Agreement as amended by the Second Amending
Agreement, has effect subject to such modifications and adaptations as are
necessary for the purpose of giving effect to the Amended Principal Agreement
as so amended.”.
The Schedule.
3.
The Social Services (Reciprocity with United Kingdom) Regulations are amended by
adding at the end thereof the following Schedule:—
THIRD SCHEDULE Regulation
4
Amendments made to Amended Principal Agreement by the Second
Amending Agreement
Provision amended | Amendment |
Article 1 .................. | Omit from
paragraph (a) “ ‘ wife’s allowance ’ and ‘ child’s allowance ’ ”, substitute
“ and ‘ wife’s pension ’ ”.
|
Omit from
paragraph (q) “ of Australia.”, substitute “ of Australia;”.
|
Add, at the
end, the following paragraph:— |
“ (r) ‘ invalidity
benefit ’ means, in relation to the United Kingdom, invalidity benefit as
defined under the legislation of the United Kingdom.”.
|
Article 3 ................... | Add, at the
end, the following paragraph:— |
“ (6) Where it
person is entitled to receive a benefit by virtue of the provisions of this
Article, the rate of benefit which he would otherwise be entitled to receive,
but for this paragraph, shall be reduced by the amount of benefit which is
payable by virtue of the Australian Social Services Act (No. 2) 1973 and the
Australian Social Services Act 1974.”.
|
Article 9 ................... | Add, at the
end, the following paragraph:— |
“ (4) Where a
person is entitled to receive a benefit by virtue of the provisions of this
Article, the rate of benefit which she would otherwise be entitled to
receive, but for this paragraph, shall be reduced by the amount of benefit
which is payable by virtue of the Australian Social Services Act (No. 2) 1973
and the Australian Social Services Act 1974.”.
|
Article 16 ................. | Omit from
paragraph (2) “ allowance and he or his wife shall be qualified to receive a
child’s allowance ”, substitute “ pension ”.
|
Omit from
paragraph, (3) “, wife’s allowance and child’s allowance ”, substitute “ and
wife’s pension ”.
|
Omit from
paragraph (3) “ sickness ”, substitute “ invalidity ”.
|
Omit from
paragraph (4) “ or more ”. |
Article 17.................. | Insert in
paragraph (1), after “ sickness ”, “ or invalidity ”.
|
Insert in
paragraph (2), after “ sickness ”, “ or invalidity ”.
|
Omit from
paragraph (3) “ sickness benefit is payable for an indefinite period ”,
substitute “ sickness or invalidity benefit is payable ”.
|
Add, at the
end, the following paragraph:— |
“ (4) Where a
person is emitted to receive a benefit by virtue of the provisions of
paragraph (1) or (3) the rate of benefit which he would be entitled to
receive, but for this paragraph, shall be reduced by the total amount of
invalid pension and wife’s pension which may be payable by virtue of the
Australian Social Services Act (No. 2) 1973 and the Australian Social
Services Act 1974.”.
|
Article 19.................. | Omit from
paragraph (b) “ allowance, a child’s allowance ”, substitute “ pension ”.
|
Article 20.................. | Omit from
paragraph (1) “ and children’s allowances ”, substitute “ pensions”.
|
Article 25.................. | Omit from
paragraph (1) “ allowances ”, substitute “ pensions ”.
|
Article 26.................. | Insert, after
“ sickness ”, “ or invalidity ”. |
Commencement.
4.