Social Services Act 1956

Legislation au C1956A00067 Not in force Act

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SOCIAL SERVICES.

 

No. 67 of 1956.

An Act to amend the Social Services Act 1947–1955.

[Assented to 5th October, 1956.]

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 Act 1956.

(2.) The Social Services Act 1947–1955 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 Act 1947–1956.

Commencement.

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

Definitions.

3. Section six of the Principal Act is amended by inserting after the definition of “Magistrate” the following definition :—

“‘member of the Forces’ means a person who is a member of the Forces for the purposes of any of the provisions of the Repatriation Act 1920–1956 and includes a person who is in receipt of a pension by virtue of section fifty-four of that Act;”.

Definitions

4. Section eighteen of the Principal Act is amended—

(a) by omitting from paragraph (i) of the definition of “income” the words “(within the meaning of Part III. of the Repatriation Act 1920–1954)”; and

(b) by omitting paragraph (ja) of the definition of “income” and inserting in its stead the following paragraphs :—

“(ja) an amount payable by the Repatriation Commission to a member of the Forces—

(i) as an allowance for an attendant; or

(ii) as an allowance for expenditure incurred or to be incurred by the member of the Forces for his transport for the purposes of recreation or as an allowance towards the cost of maintenance and running expenses of a motor vehicle provided by the Repatriation Commission for the member of the Forces because of his serious incapacity;

“(jb) an amount payable to a member of the Forces as an allowance by reason of the fact that he has been awarded a decoration ; or”.

Rate of pension.

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

(a) by omitting from sub-section (1.) the words “the rate of Two hundred and eight pounds per annum” and inserting in their stead the words “the maximum rate fixed by or in accordance with the next three succeeding sub-sections”; and

(b) by inserting after that sub-section the following sub-sections:—

“(1a.) The maximum rate of age or invalid pension is, subject to the next succeeding sub-section, Two hundred and eight pounds per annum.

“(1b.) Where a person who is qualified to receive an invalid pension, or a person who is qualified to receive an age pension and is permanently incapacitated for work, has the custody, care and control of two or more children under the age of sixteen years, the maximum rate specified in the last preceding sub-section shall, subject to the next two succeeding sub-sections, be increased by Twenty-six pounds per annum for each of those children other than the elder or eldest child.

“(1c.) Where, by reason of the operation of the last preceding sub-section, the maximum rate of pension applicable to both a husband and his wife who are not permanently living apart would, but for this sub-section, be increased, the last preceding sub-section applies only in relation to the husband, and, for that purpose, a child who is in the custody, care and control of the wife shall be deemed to be in the custody, care and control of the husband.

“(1d.) The maximum rate of an age or invalid pension in the case of a permanently blind person shall not be increased by virtue of sub-section (1b.) of this section, unless he would be eligible to receive an invalid pension under the provisions of this Part (including that sub-section) if he were not a permanently blind person but were permanently incapacitated for work, and the amount of any such increase shall not exceed the maximum amount which could, in those circumstances, be included in his pension by virtue of that sub-section.”.

Computation of income.

6. Section twenty-nine of the Principal Act is amended by omitting from paragraph (b) of sub-section (1.) the words “a payment of child’s allowance under section thirty-four of this Act or child endowment under” and inserting in their stead the words “a payment under this Part or”.


Qualifications for widow’s pension.

7. Section sixty of the Principal Act is amended by omitting paragraph (b) of sub-section (1.) and inserting in its stead the following paragraph :—

“(b) a widow (not being a widow specified in paragraph (d) of this sub-section) who has not the custody, care and control of any child and—

(i) is not less than fifty years of age ; or

(ii) having been in receipt of a pension as a widow referred to in the last preceding paragraph, has, after having attained the age of forty-five years, ceased to receive that pension by reason of the fact that she no longer has the custody, care and control of a child;”.

Rate of widow’s pension.

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

(a) by omitting paragraph (a) of sub-section (1.) and inserting in its stead the following paragraphs :—

“(a) in the case of a class A widow who has the custody, care and control of only one child—Two hundred and twenty-one pounds per annum;

“(ab) in the case of a class A widow who has the custody, care and control of two or more children—an amount per annum ascertained by adding to the sum of Two hundred and twenty-one pounds the sum of Twenty-six pounds for each of those children other than the elder or eldest child; or”; and

(b) by omitting from sub-section (2.) the word “so”.

Computation of income.

9. Section sixty-four of the Principal Act is amended by omitting from paragraph (b) the words “a payment of child endowment under” and inserting in their stead the words “a payment under this Part or”.

Payment on account prior to birth.

10. Section eighty-nine of the Principal Act is amended by omitting the words “Five pounds” and inserting in their stead the words “Ten pounds”.

Interpretation.

11. Section one hundred and six of the Principal Act is amended—

(a) by omitting paragraph (f) of the definition of “income” in sub-section (1.) and inserting in its stead the following paragraphs :—

“(f) a pension payable under the Repatriation Act 1920–1956 (other than a service pension) or an amount payable by the Repatriation Commission to a member of the Forces as an allowance for expenditure incurred or to be incurred by the member of the Forces for his transport for the purposes of recreation or as an allowance towards


the cost of maintenance and running expenses of a motor vehicle provided by that Commission for the member of the Forces because of his serious incapacity;

“(fa) an amount payable to a member of the Forces as an allowance by reason of the fact that he has been awarded a decoration;”; and

(b) by omitting from paragraph (g) of that definition the words “the last preceding paragraph” and inserting in their stead the words “paragraph (f) of this definition”.

Application of amendments.

12. The amendments effected by this Act, in so far as they affect instalments of pensions, apply in relation to an instalment of pension falling due on the first pension pay day after the date on which this Act receives the Royal Assent and to all subsequent instalments.

 

Overview

The Social Services Act 1956, enacted by the Parliament of Australia, amends the Social Services Act 1947–1955 to address certain gaps and update provisions related to social services and pensions. This Act was introduced to modernise and refine the social services framework, particularly in relation to the definitions, rates, and computations associated with pensions and allowances. The primary objective of the Act is to ensure that the social security system is fair, efficient, and reflective of the contemporary needs of the community. It incorporates amendments to definitions, pension rates, and income computations to better align with current socio-economic conditions and the needs of beneficiaries. The amendments also address specific allowances and payments to ensure that they are adequately defined and appropriately integrated into the social services framework.

Scope and Application

The Social Services Act 1956 amends the Social Services Act 1947–1955, bringing about changes in definitions, pension rates, and income computations that impact various beneficiaries under the Social Security system. The Act applies to individuals who are members of the Forces, including those in receipt of a pension under the Repatriation Act 1920–1956, as well as to widows and other pension recipients under the Social Services Act. The amendments affect both the rate and computation of pensions and allowances, including adjustments to the maximum rates of age and invalid pensions, particularly for those with custody of multiple children, and changes to the rate of widow's pensions based on the number of children in care. The Act also specifies that these amendments apply to pension instalments due after its assent, thereby retroactively adjusting the financial entitlements of beneficiaries. While the Act provides for these specific changes, it does not explicitly state any exclusions or exemptions, thereby suggesting that the provisions apply broadly to all eligible recipients unless otherwise specified by subordinate instruments or specific legislative provisions.

Key Provisions

The Social Services Act 1956 amends the Social Services Act 1947-1955, introducing several key changes to the social services system in Australia. Section 3 of the Act redefines "member of the Forces" to include those in receipt of a pension under the Repatriation Act 1920-1956. Section 4 amends the definition of "income" in the Principal Act to include certain allowances paid by the Repatriation Commission and payments due to members of the Forces for decorations. The rate of pension is adjusted in section 5, setting a new maximum rate of Two hundred and eight pounds per annum for age or invalid pensions, with additional provisions for families with multiple children and specific limitations for permanently blind persons. Section 6 modifies the computation of income to include payments under the new Part of the Act. The qualifications for a widow's pension are updated in section 7, requiring the widow to be at least fifty years old or to have ceased receiving a pension due to the loss of custody of a child after turning forty-five. The rate of widow's pension is also revised in section 8, with increased amounts for widows with multiple children. Section 9 further refines the computation of income for widows, excluding certain payments in the calculation. Section 10 doubles the payment on account prior to the birth of a child from five to ten pounds. Lastly, section 11 amends the definition of "income" in the Principal Act to include pensions and allowances under the Repatriation Act 1920-1956 and payments to members of the Forces for transport and motor vehicle expenses. The Social Services Act 1956 imposes several obligations on parties governed by the Act. Beneficiaries must accurately report their income and any changes in their circumstances that could affect their eligibility or the amount of their pensions. They must also comply with the requirements for the computation of income as outlined in the amended sections of the Act. For instance, section 6 requires the exclusion of certain payments from the income computation for pensions, while section 9 does the same for widow's pensions. Additionally, the Act mandates that amendments affecting pension instalments apply from the first pension pay day after the Act receives Royal Assent. The Act also delineates various offences and consequences for breaches. While the specific penalties are not detailed in the provided excerpt, breaches of the Act could result in civil or criminal penalties under the relevant laws. Typically, such breaches might include fraudulent claims, failure to report changes in income or circumstances, or non-compliance with the provisions regarding the computation of income. These breaches could lead to the revocation of benefits, fines, or other legal repercussions as determined by the applicable legal frameworks.

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Social Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Reporting & Disclosure Obligations
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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.