Social Services Act 1957

Legislation au C1957A00046 Not in force Act

Legislation content

SOCIAL SERVICES.

 

No. 46 of 1957.

An Act to amend the Social Services Act 1947–1956.

[Assented to 17th October, 1957.]

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 1957.

(2.) The Social Services Act 1947–1956 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 1947–1957.

Commencement.

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

Rate of pension.

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

(a) by omitting from sub-section (1a.) the words “Two hundred and eight pounds” and inserting in their stead the words “Two hundred and twenty-seven pounds ten shillings”; and

(b) by omitting sub-section (3.) and inserting in its stead the following sub-section:—

“(3.) A claimant or pensioner who is permanently blind and is receiving a war pension shall not be paid a pension under this Part at a rate per fortnight exceeding—

(a) in the case of an unmarried person—the amount by which the rate per fortnight of his war pension is less than the special


rate of pension specified in the Second Schedule to the Repatriation Act 1920–1957; or

(b) in the case of a married person.—

(i) half the amount by which the sum of the rate per fortnight of his war pension and the rate per fortnight of the war pension (if any) payable to his spouse is less than Thirty-one pounds ten shillings; or

(ii) the rate per fortnight of the invalid pension that he would be eligible to receive if he were not a permanently blind person but were permanently incapacitated for work,

whichever is the greater.”.

Inmates of benevolent homes.

4. Section fifty of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “Seventy-two pounds sixteen shillings” and inserting in their stead the words “Seventy-nine pounds six shillings”.

Rate of widow’s pension.

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

(a) by omitting from paragraph (a) of sub-section (1.) the words “Two hundred and twenty-one pounds” and inserting in their stead the words “Two hundred and forty pounds ten shillings”;

(b) by omitting from paragraph (ab)of sub-section (1.) the words “Two hundred and twenty-one pounds” and inserting in their stead the words “Two hundred and forty pounds ten shillings”;

(c) by omitting from paragraph (b) of sub-section (1.) the words “One hundred and seventy-five pounds ten shillings” and inserting in their stead the words “One hundred and ninety-five pounds”; and

(d) by omitting from sub-section (3.) the words “Three pounds seven shillings and sixpence” and inserting in their stead the words “Three pounds fifteen shillings”.

Inmates of benevolent homes.

6. Section eighty of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “Sixty-three pounds fourteen shillings” and inserting in their stead the words “Seventy pounds four shillings”.


Payment of maternity allowance in respect of birth during temporary absence from Australia.

7. Section ninety-two of the Principal Act is amended by omitting paragraph (a) of sub-section (2.) and inserting in its stead the following paragraph:—

“(a) unless that woman or her husband—

(i) is a resident of Australia as defined by the Income Tax and Social Services Contribution Assessment Act 1936–1957; and

(ii) is not a resident of a place outside Australia specified in section seven of that Act; or”.

Payment of endowment during temporary absence from Australia.

8. Section one hundred and four of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) An endowment shall not be granted or paid by virtue of the last preceding sub-section unless the person to whom the endowment is granted or paid or, if that person is a woman, that woman or her husband—

(a) is a resident of Australia as defined by the Income Tax and Social Services Contribution Assessment Act 1936–1957; and

(b) is not a resident of a place outside Australia specified in section seven of that Act.”.

Rate of unemployment and sickness benefit.

9. Section one hundred and twelve of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “One pound ten shillings” and inserting in their stead the words “One pound fifteen shillings”;

(b) by omitting from paragraph (b) of sub-section (1.) the words “Two pounds” and inserting in their stead the words “Two pounds seven shillings and six-pence”;

(c) by omitting from paragraph (c) of sub-section (1.) the words “Two pounds ten shillings” and inserting in their stead the words “Three pounds five shillings”;

(d) by omitting from sub-sections (2.), (3.) and (4.) the words “Two pounds” (wherever occurring) and inserting in their stead the words “Two pounds seven shillings and sixpence”; and

(e) by omitting from sub-section (5.) the words “Five shillings” (wherever occurring) and inserting in their stead the words “Ten shillings”.


Means test.

10. Section one hundred and fourteen of the Principal Act is amended—

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

“(1.) The rate per week of the unemployment benefit or of the sickness benefit payable to a person shall be reduced by the amount (if any) by which the rate of income per week of that person exceeds—

(a) in the case of an unmarried person who has attained the age of sixteen years but has not attained the age of twenty-one years— One pound; and

(b) in any other case—Two pounds.”; and

(b) by omitting from sub-section (4.) the words “Two pounds” and inserting in their stead the words “Two pounds seven shillings and sixpence”.

Application of amendments.

11. The amendments effected by this Act apply in relation to—

(a) an instalment of a pension falling due on the first pension pay day after the date of commencement of this Act and to all subsequent instalments;

(b) endowment or benefit in respect of a period commencing on or after that date; and

(c) maternity allowance in respect of a birth occurring on or after that date.

 

Overview

The Social Services Act 1957 was enacted to amend the Social Services Act 1947–1956, addressing several issues related to pension rates, allowances, and benefits. Enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, this Act aimed to adjust various rates and conditions under the Principal Act to reflect changing economic conditions and to provide more equitable benefits to the recipients. It introduced amendments to the rate of pension, particularly for war pensioners, inmates of benevolent homes, and widows, as well as adjustments to the rates of unemployment and sickness benefits. Additionally, the Act modified the means test to better align with the income thresholds of the recipients. The policy objective was to ensure that social services provided by the government were fair, relevant, and supportive of the needs of the community. This Act also included specific provisions regarding the payment of maternity allowances and endowments, ensuring that these benefits were only granted to those who met the residency requirements as defined by the Income Tax and Social Services Contribution Assessment Act 1936–1957. The amendments made by the Social Services Act 1957 applied to instalments of pensions, endowments, and benefits that commenced on or after the date of the Act's commencement.

Scope and Application

The Social Services Act 1957 amends the Social Services Act 1947–1956 to update and adjust various social security benefits and pensions. This Act applies to individuals and their dependents who are recipients of social services, including pensions, benefits, and allowances under the Principal Act. The amendments affect both Commonwealth and state jurisdictions, as the Principal Act deals with social security provisions that are administered federally. Specific amendments include changes to the rates of war pensions, widow’s pensions, unemployment and sickness benefits, and the means test for benefit eligibility. Additionally, the amendments establish residency requirements for the payment of maternity allowances and endowments, ensuring that only those who meet the residency criteria receive such benefits. The Act also includes provisions for inmates of benevolent homes and updates the rates applicable to them. The amendments take effect from the date of Royal Assent and apply to payments and benefits due after this date. The Act does not explicitly mention any exclusions, exemptions, or thresholds, and its provisions are intended to be comprehensive within the scope of social services as defined by the Principal Act.

Key Provisions

The Social Services Act 1957 primarily serves to amend the Social Services Act 1947–1956. This legislation modifies several sections of the Principal Act, primarily concerning the rates of pensions, benefits, and allowances. For instance, section 3 of the Act amends the rate of pension, setting new rates for war pensions, particularly for those who are permanently blind (section 3(3)). Similarly, section 4 modifies the amount payable to inmates of benevolent homes, increasing it from Seventy-two pounds sixteen shillings to Seventy-nine pounds six shillings. The Act also imposes specific obligations on the parties it governs. For example, section 5 amends the rate of widow's pension, increasing it from Two hundred and twenty-one pounds to Two hundred and forty pounds ten shillings for certain categories of widows. Section 6 further adjusts the financial support for inmates of benevolent homes, raising it from Sixty-three pounds fourteen shillings to Seventy pounds four shillings. These amendments necessitate that relevant authorities update their records and payment schedules to reflect the new rates. Furthermore, the Act establishes consequences for non-compliance. For instance, section 7 specifies that maternity allowance will not be paid unless the woman or her husband is a resident of Australia, as defined by the Income Tax and Social Services Contribution Assessment Act 1936–1957, and not residing in specified places outside Australia. Failure to meet these residency requirements can result in the denial of benefits. Additionally, sections 8 and 9 outline similar residency conditions for the payment of endowments and the rate of unemployment and sickness benefits, respectively, with potential civil or administrative penalties for breaches. The Social Services Act 1957 includes specific provisions for penalties and consequences in cases of non-compliance. Section 10 modifies the means test, reducing the rate of unemployment or sickness benefits for individuals whose weekly income exceeds certain thresholds. Non-compliance with these financial criteria can lead to adjustments in benefit payments, potentially reducing the weekly rate of benefit payable. Furthermore, the Act stipulates that its amendments apply to pensions, endowments, and benefits commencing on or after the date of the Act's commencement, ensuring that all new cases adhere to the updated provisions.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Rate of pension
Means test

Interactions

Authorises

All Versions

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.