Social Security Legislation Amendment Act 1986

Administered by Department of Social Services, Department of Education, Employment and Workplace Relations

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Social Security Legislation Amendment Act 1986

No. 33 of 1986

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1. Short title

2. Commencement

PART II—AMENDMENTS OF THE SOCIAL SECURITY ACT 1947

3. Principal Act

4. Interpretation

5. Secrecy

6. Rate of remote area allowance

7. Calculation of income in respect of children

8. Rent assistance

9. Carer’s pension

10. Repeal of section 34 and substitution of new section—

34. Rate of carer’s pension

11. Qualification for widow’s pension

12. Calculation of income in respect of children

13. Qualifications for benefit

14. Interpretation

15. Family allowance

16. Qualification for family allowance

17. Family allowance not payable in respect of certain student children over the age of 18 years

18. Date from which family allowance payable

19. Family allowance to cease in certain circumstances

20. Repeal of section 104

21. Notification of certain events

22. Qualification for double orphan’s pension

23. Handicapped child’s allowance not payable in certain circumstances

24. Temporary absences from home

TABLE OF PROVISIONS—continued

Section

25. Cessation of handicapped child’s allowance granted under section 105j

26. Unemployment benefits

27. Sickness benefits

28. Rate of unemployment and sickness benefit

29. Rent assistance

30. Limitation of amount payable as sickness benefit

31. Reduction of sickness benefit payable in certain cases, &c.

32. Waiting period

33. Insertion of new section—

133. Benefit not payable to full-time students

34. Eligibility for mobility allowance

35. Provision of treatment and training

36. Claims

37. Payment and calculation of instalments of certain pensions, &c.

38. Pension, benefit or allowance may be paid to bank, &c.

39. Special temporary allowance

40. Payments received under the New Enterprise Incentive Scheme—effect where spouse of recipient is in receipt of a particular benefit or allowance

41. Recovery of overpayments

42. Waiver, &c.

PART III—AMNESTY IN RELATION TO CERTAIN LIABILITIES UNDER THE SOCIAL SECURITY ACT 1947

43. Interpretation

44. Modification of Social Security Act

45. Persons not to be liable under Social Security Act in certain cases

PART IV—AMENDMENTS OF THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971

46. Principal Act

47. Functions and powers of Commissioner

48. Compensation payable in respect of injuries resulting in partial incapacity

49. Notice to Commonwealth of injury, disease or loss of or damage to property

50. Repeal of section 54 and insertion of new sections—

54. Manner of making claim for compensation

54a. Service of documents on Commissioner

54b. Service of documents on Commonwealth

51. Insertion of new section—

59a. Power of Commissioner to request the provision of information

52. Costs of proceedings before Administrative Appeals Tribunal

53. Compensation not payable both under Act and under determination

Social Security Legislation Amendment Act 1986

No. 33 of 1986

 

An Act relating to welfare benefits and other matters

[Assented to 3 June 1986]

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

PART I—PRELIMINARY

Short…

Overview

The Social Security Legislation Amendment Act 1986 No. 33 was enacted to address various gaps and issues within the existing social security framework in Australia. This legislation amended the Social Security Act 1947 and the Compensation (Commonwealth Government Employees) Act 1971, introducing changes to the eligibility criteria, benefit rates, and administrative processes for social security benefits and compensation claims. It was assented to by the Queen on 3 June 1986 and represents the legislative efforts of the Australian Parliament to refine and enhance the social security system. The Act includes provisions aimed at improving the accuracy of benefit calculations, clarifying eligibility for various social security benefits, and adjusting compensation processes for Commonwealth government employees.

Scope and Application

The Social Security Legislation Amendment Act 1986 (Cth) amends the Social Security Act 1947 (Cth) and the Compensation (Commonwealth Government Employees) Act 1971 (Cth). The amendments primarily relate to the modification of various social security benefits and allowances, the introduction of new provisions, and adjustments to the administration of social security claims. The Act applies to individuals and entities receiving social security benefits and to Commonwealth government employees eligible for compensation under the Compensation (Commonwealth Government Employees) Act 1971. The legislation is applicable nationally, as it amends Commonwealth Acts. Specific exclusions and exemptions are outlined within the Act, such as the non-payment of family allowance to students over the age of 18 years and the ineligibility of certain students for benefits while they are receiving payments under prescribed educational schemes. The Act also provides for the possibility of extending its application through subordinate instruments, such as regulations that may further detail the implementation and administration of the amended provisions.

Key Provisions

  • The Social Security Legislation Amendment Act 1986 (Cth) makes several key amendments to the Social Security Act 1947 (Cth) and introduces new provisions in various areas. First, it revises the eligibility criteria and calculations for several social security benefits and pensions, including family allowance, carer’s pension, and unemployment and sickness benefits. It also introduces new conditions for eligibility for mobility allowance and makes changes to the calculation of rent assistance. Second, it introduces new provisions to address situations where individuals receive compensation that may reduce their entitlement to sickness benefits, and it establishes a waiting period for certain benefits. Third, it creates an amnesty for certain liabilities under the Social Security Act 1947 (Cth) if individuals voluntarily inform the Department of the relevant events or changes in circumstances within a specified timeframe.
  • The amendments impose specific obligations on individuals and the Department. For instance, individuals must notify the Department of any events or changes in circumstances that may affect their entitlement to social security benefits, such as changes in income or family status. The Department, in turn, must consider these notifications and make appropriate adjustments to benefits. Additionally, the Act requires the Commissioner to request information or documents from claimants if it is relevant to their compensation claims. Failure to comply with these obligations can result in civil or criminal consequences, including fines or imprisonment.
  • The Act also outlines the penalties for breaches of its provisions. For example, it provides for the recovery of overpayments of social security benefits through reductions in future payments or lump sum payments. It also sets out the maximum penalties for offences related to false statements or failure to notify changes in circumstances, which can include fines or imprisonment. Furthermore, the Act specifies the conditions under which compensation may not be payable both under the Act and under another determination, ensuring that claimants do not receive duplicate payments.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
Enforcement Powers
Rights & Protections
Licensing & Registration

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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.