National Health Amendment Act (No. 3) 1976

Administered by Department of Health, Disability and Ageing

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NATIONAL HEALTH AMENDMENT ACT

(No. 3) 1976

 

No. 108 of 1976

 

An Act to amend the National Health Act 1953, and for related purposes.

 

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

Short title.

1. This Act may be cited as the National Health Amendment Act (No. 3) 1976.

Commencement.

2. This Act shall come into operation on 25 November 1976.

Interpretation.

3. Section 4 of the National Health Act 1953 is amended—

(a) by omitting from sub-section (1) the definition of “amendment alleviating the operation of the means test”;

(b) by omitting from sub-section (1) the definition of “dependant” (in relation to a pensioner) and substituting the following definition:—

“‘dependant’, in relation to a pensioner, means—

(a) the wife of the pensioner;

(b) a child under the age of 16 years who is in the custody, care and control of the pensioner or of the wife or husband of the pensioner; or

(c) a person who—

(i) has attained the age of 16 years;

(ii) is receiving full-time education at a school, college or university;

(iii) is not in receipt of an invalid pension under Part III of the Social Services Act 1947; and

(iv) is wholly or substantially dependent on the pensioner or on the wife or husband of the pensioner;”;

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

“‘pensioner’ means—

(a) a person to whom or in respect of whom—

(i) there is being paid an age pension, an invalid pension, a widow’s pension or a sheltered employment allowance under the Social Services Act 1947; or

(ii) such a pension or allowance would be payable if the person were not a person in receipt of a training allowance under section 135d of the Social Services Act 1947,

other than such a person who is a prescribed person within the meaning of section 83ca of the Social Services Act 1947;

(b) a person to whom or in respect of whom there is being paid a service pension under the Repatriation Act 1920 other than such a person who is a prescribed person within the meaning of section 123ab of that Act; or

(c) a person to whom or in respect of whom there is being paid an allowance under the Tuberculosis Act 1948;”; and


(d) by omitting sub-section (2) and substituting the following sub-sections:—

“(2) In the definition of‘ dependant’ (in relation to a pensioner) in sub-section (1), a reference to the wife or husband of a pensioner is a reference to the person, whether legally married to the pensioner or not, whose income is to be taken into account for the purpose of determining the rate at which pension is payable to or in respect of the pensioner, or the rate at which pen­sion would be payable to or in respect of the pensioner if the pensioner were not a person in receipt of a training allowance under section 135d of the Social Services Act 1947, as the case may be.

“(3) In sub-section (2), ‘pension’ means—

(a) an age pension, an invalid pension or a sheltered employment allowance under the Social Services Act 1947;

(b) a service pension under the Repatriation Act 1920; or

(c) an allowance under the Tuberculosis Act 1948.”.

Preservation of eligibility of certain pensioners for benefits.

4. Where a person who was, immediately before 25 November 1976, a pensioner as defined by section 4 of the National Health Act 1953 ceases to be such a pensioner on that date by reason only that the person is, on that date, a prescribed person within the meaning of section 83ca of the Social Services Act 1947 or of section 123ab of the Repatriation Act 1920, as the case may be, the National Health Act 1953 continues, by force of this sub-section, to apply to and in relation to the person as if the person were a pensioner as so defined until the person ceases to be a prescribed person within the meaning of that section or the annual rate of the person’s income exceeds the annual rate of the person’s income on that date, whichever first occurs.

Certain dependants of pensioners not affected by amendments.

5. Notwithstanding the amendments of the National Health Act 1953 made by paragraphs 3(b) and (d), a person who was a dependant of a pensioner immediately before the commencement of this Act continues to be a dependant of the pensioner until the person would cease to be a dependant of the pensioner if those amendments had not been made.

 

Overview

The National Health Amendment Act (No. 3) 1976 was enacted by the Parliament of Australia to amend the National Health Act 1953, specifically addressing issues related to the definitions of terms such as "dependant" and "pensioner," and to ensure the continued eligibility of certain pensioners for benefits under the Act. This amendment was introduced to maintain the integrity of the health benefits system by ensuring that the definitions and eligibility criteria within the National Health Act 1953 remain aligned with the broader social security framework, thereby preserving the rights of beneficiaries who might otherwise be inadvertently excluded due to changes in other legislative acts. The Act was designed to ensure that the health benefits provided under the National Health Act 1953 are accessible to those who are genuinely in need, without unnecessary complications arising from changes in other related legislation.

Scope and Application

The National Health Amendment Act (No. 3) 1976 amends the National Health Act 1953 to refine the definitions of "dependant" and "pensioner" in relation to the provision of health benefits. This Act applies to individuals and entities that are involved in the administration and provision of health services, particularly those who are or were previously classified as pensioners under the Social Services Act 1947, the Repatriation Act 1920, or the Tuberculosis Act 1948. The geographic reach of this legislation is national, as it pertains to the Commonwealth of Australia and its health services framework. The Act ensures that certain pensioners and their dependants retain eligibility for health benefits even if they no longer meet the statutory definition of a pensioner due to specific exclusions under other acts. This includes those who were previously recognised as pensioners but ceased to be so because they became a "prescribed person" under the Social Services Act 1947 or the Repatriation Act 1920, ensuring continuity of eligibility until specific conditions are met.

Key Provisions

The National Health Amendment Act (No. 3) 1976 primarily revises the definitions of key terms in the National Health Act 1953, notably "dependant" and "pensioner" (sections 3(b) and (c)). These definitions are crucial as they determine who qualifies for certain benefits under the Act. The Act also ensures that certain individuals who were pensioners before the Act's commencement continue to receive benefits, even if they subsequently fall under specific exclusions in the Social Services Act 1947 or the Repatriation Act 1920 (section 4). Furthermore, it preserves the eligibility of certain dependants who were already recognised as such before the Act's commencement, ensuring they are not adversely affected by the amendments (section 5). The obligations under this Act are largely procedural and definitional, aimed at clarifying who qualifies for health benefits under the National Health Act 1953. For entities and individuals affected by the Act, it is essential to understand these definitions to ascertain eligibility. The Act imposes an obligation on the government to ensure that the definitions are applied correctly and that the benefits are extended to those who qualify, as per the amended definitions. Additionally, it requires entities administering these benefits to adjust their records and assessments to reflect the new definitions. Breaching the provisions of this Act could lead to civil consequences, particularly if entities fail to correctly apply the amended definitions, resulting in improper denial or granting of benefits. While the Act does not explicitly detail criminal or civil penalties for breaches, any failure to comply with the Act's provisions could potentially lead to legal challenges or administrative penalties under the broader legislative framework governing social security and health benefits in Australia. The maximum penalties, however, would be determined by the specific laws under which the breach is prosecuted, such as the Social Services Act 1947 or other relevant legislation.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Repeal & Amendment
Preservation of eligibility of certain pensioners for benefits

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.