Social Security Legislation Amendment Act 1985

Overview

The Social Security Legislation Amendment Act 1985 was enacted by the Parliament of Australia to address issues related to family allowance and nursing homes assistance. The Act was assented to on 4 June 1985, and it includes amendments to the Nursing Homes Assistance Act 1974 and the Social Security Act 1947. The policy objective of this Act was to refine the criteria and conditions under which family allowance payments are made, particularly by ceasing such payments for children over the age of 18 unless specific conditions are met. Additionally, it introduced changes to the approval process for additional services in nursing homes, thereby ensuring that the services provided are in line with the objectives of the legislation.

Scope and Application

The Social Security Legislation Amendment Act 1985 is a Commonwealth Act that applies to the amendments of the Nursing Homes Assistance Act 1974 and the Social Security Act 1947. It applies to the conduct and transactions of entities such as nursing homes and families receiving social security benefits. The Act’s provisions extend to the entire Commonwealth of Australia, impacting both the administrative and operational aspects of the amended Acts. Notably, the Act introduces specific conditions under which family allowance will not be payable for children over the age of 18 years, effective from 1 November 1985, while also setting out exceptions for certain categories of children, such as those who are students or receiving other specific allowances. The Act does not explicitly state any exclusions or exemptions, but it does leave room for the Minister to declare additional schemes under which allowances may apply. The application of the Act can be extended or restricted through subordinate instruments, such as regulations or notices published in the Gazette.

Key Provisions

The Social Security Legislation Amendment Act 1985 introduces several key amendments to existing legislation, primarily targeting the Nursing Homes Assistance Act 1974 and the Social Security Act 1947. Section 4 of the Act amends the Nursing Homes Assistance Act 1974 by introducing new conditions under which the Minister can approve applications for additional services. Specifically, subsection (3a) stipulates that the Minister cannot approve an application made after 21 August 1985 unless they had previously informed the applicant that the application would not be refused. This amendment adds a layer of pre-approval communication to the process. The Act also introduces significant changes to the Social Security Act 1947 by inserting a new section, section 98. This section stipulates that, from 1 November 1985, family allowance will not be payable for children over the age of 18 years. However, it includes several exceptions. For instance, family allowance will still be payable if the child qualifies for other allowances such as a family income supplement, a double orphan’s pension, or a handicapped child’s allowance. Additionally, if a person is receiving certain pensions, benefits, or allowances and would be eligible for a family income supplement if the new rule did not apply, family allowance will continue to be payable. Other exceptions include eligibility for payments under the Secondary Allowances Scheme, the Aboriginal Secondary Grants Scheme, the Assistance for Isolated Children Scheme, and other schemes declared by the Minister. Under the Social Security Legislation Amendment Act 1985, various obligations and requirements are imposed on the relevant parties. The Minister is obligated to inform applicants about the potential outcome of their applications for additional nursing home services before a specified date. Furthermore, the Act imposes on individuals and entities the requirement to ensure that any claims for family allowance for children over 18 years old are made in accordance with the exceptions outlined in section 98 of the Social Security Act 1947. In terms of penalties and consequences for non-compliance, the Act does not explicitly outline specific criminal or civil penalties for breaches of its provisions. However, any failure to adhere to the requirements for approval of additional services under the Nursing Homes Assistance Act 1974 or non-compliance with the conditions for family allowance payments under the Social Security Act 1947 could result in the denial of services or benefits. For instance, if the Minister does not follow the new approval process for additional services, the application could be refused, and if family allowance is paid in breach of section 98, it could result in the recovery of the payment from the recipient.