Social Services Act 1962

Legislation au C1962A00001 Not in force Act

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SOCIAL SERVICES.

 

No. 1 of 1962.

 

An Act to amend the Social Services Act 1947–1961.

[Assented to 1st March, 1962.]

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 1962.

(2.) The Social Services Act 1947–1961 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 1947–1962.

Commencement.

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


Qualifications for age pension.

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

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

“(b) is residing in Australia on the date on which he lodges his claim for a pension and has at any time been continuously resident in Australia for a period of not less than ten years,”; and

(b) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) Where—

(a) a claimant has had more than one period of residence in Australia;

(b) the longest of those periods is less than ten years but is not less than five years; and

(c) the aggregate of those periods exceeds ten years,

the period specified in paragraph (b) of the last preceding sub-section shall, in relation to that claimant, be deemed to be reduced by the excess.”.

Qualifications for invalid pension.

4. Section twenty-four of the Principal Act is amended by omitting from paragraph (b) of sub-section (1.) the words “ has been continuously so resident” and inserting in their stead the words “ has at any time been continuously resident in Australia”.

Conditions of grant of invalid pension.

5. Section twenty-five of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-sections:—

“(2.) If a person who became permanently incapacitated for work or permanently blind while outside Australia (otherwise than during a temporary absence from Australia) has at any time been continuously resident in Australia for a period of not less than ten years, he shall, for the purposes of this section, be deemed to have become permanently incapacitated for work or permanently blind while in Australia.

“(2a.) Where, in the case of a person who became permanently incapacitated for work or permanently blind while outside Australia (otherwise than during a temporary absence from Australia)—

(a) that person has had more than one period of residence in Australia;

(b) the longest of those periods is less than ten years but is not less than five years; and


(c) the aggregate of those periods exceeds ten years,

the period specified in the last preceding sub-section shall, in relation to that person, be deemed to be reduced by the excess.”.

Rate of unemployment and sickness benefit.

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

(a) by omitting from paragraph (c) of sub-section (1.) the words “ Three pounds fifteen shillings “ and inserting in their stead the words “ Four pounds two shillings and sixpence “;

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

(c) by omitting sub-section (5.) and inserting in its stead the following sub-sections:—

“(5.) Where a person qualified to receive an unemployment benefit or a sickness benefit—

(a) has the custody, care and control of a child or children under the age of sixteen years; or

(b) is making regular contributions towards the maintenance of a child or children under that age,

the rate of the benefit payable to that person under the preceding provisions of this section shall, subject to the next succeeding sub-section, be increased by Fifteen shillings per week in respect of that child or in respect of each of those children, as the case may be.

“(6.) Where, but for this sub-section, an increase under the last preceding sub-section would be payable—

(a) to more than one person in respect of the one child;

(b) to a person in respect of a child—

(i) in respect of whom a person is in receipt of a child’s allowance under Part III.;

(ii) who has been taken into account under sub-section (1b.) of section twenty-eight of this Act in fixing the rate of an age or invalid pension payable to a person;


(iii) who has been taken into account in fixing the rate of a widow’s pension under Part IV. payable to a person;

(iv) who has been taken into account in determining the rate of an allowance under the Tuberculosis Act 1948 payable to a person; or

(v) in respect of whom a service pension under the Repatriation Act 1920–1961 is payable; or

(c) to a person in respect of a child by virtue of the making by that person of regular contributions towards the maintenance of the child at a rate less than Fifteen shillings per week,

the Director-General may direct that any increase under the last preceding sub-section in respect of that child be not payable or be limited to such amount as the Director-General thinks fit.”.

Means test.

7. Section one hundred and fourteen of the Principal Act is amended by omitting from sub-section (4.) the words “Two pounds twelve shillings and sixpence “ and inserting in their stead the words “Three pounds”.

Application of amendments.

8. The amendments made by this Act, in so far as they affect any unemployment or sickness benefit, apply in relation to benefit in respect of a period that commences on or after the first day of March, One thousand nine hundred and sixty-two, or commenced during the period of seven days immediately preceding that date.

Overview

The Social Services Act 1962 was enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia to amend the Social Services Act 1947–1961. This legislation aimed to address certain gaps in the eligibility criteria and benefit rates for age and invalid pensions, as well as unemployment and sickness benefits. The Act introduced modifications to the residency requirements for age and invalid pensions, adjusted the benefit rates, and updated the means test criteria to reflect changing economic conditions. The policy objective was to ensure that social security benefits were adequate and accessible to those in need, while also maintaining fiscal responsibility. The Social Services Act 1962 came into operation on the day it received Royal Assent, ensuring that the amendments to the Principal Act were swiftly implemented. The changes to the age and invalid pension qualifications, including adjustments to the residency period and the aggregate of residency periods, were intended to provide more flexibility and inclusivity in the pension system. Furthermore, the updated rates for unemployment and sickness benefits, along with the means test, aimed to better support individuals and families facing financial hardship. The amendments to the benefit rates also included provisions for additional support for claimants with dependent children, reflecting a commitment to family welfare within the social security framework.

Scope and Application

The Social Services Act 1962 amends the Social Services Act 1947–1961, with its provisions applying broadly to individuals and entities within the Commonwealth of Australia. Specifically, the Act addresses the qualifications for age and invalid pensions, altering the residency requirements and the conditions under which benefits are granted. It stipulates that a claimant must have been continuously resident in Australia for a minimum of ten years to qualify for an age pension, with adjustments made for those who have had multiple periods of residency that aggregate to more than ten years. Similarly, for invalid pensions, the Act modifies the conditions based on residency, deeming a person to have become permanently incapacitated while in Australia if they have been continuously resident for at least ten years. Additionally, the Act revises the rates of unemployment and sickness benefits, increasing them and introducing provisions for additional payments for those with children under sixteen. The application of these amendments extends to benefits that commence on or after the first day of March, 1962, or within the seven days preceding that date. The Act does not explicitly state exclusions or exemptions but implies that its provisions apply universally within its scope.

Key Provisions

The Social Services Act 1962 introduces several significant amendments to the Social Services Act 1947–1961. Firstly, Section 3 amends the qualifications for an age pension. It now requires that a claimant must have been continuously resident in Australia for a period of not less than ten years to qualify (Section 21(1)(b) of the Principal Act). However, if a claimant has had multiple periods of residence in Australia, with the longest period being less than ten years but not less than five years, and the aggregate of these periods exceeds ten years, the required period will be reduced by the excess (Section 21(2) of the Principal Act). These amendments place specific obligations on claimants to provide evidence of their residency periods in Australia. They must ensure they meet the continuous residency requirements or provide the necessary documentation to demonstrate that the required period has been satisfied despite multiple periods of residency. The Act also modifies the conditions for an invalid pension, extending the qualifying residency period to ten years (Section 24(1)(b) of the Principal Act). Additionally, Section 5 adjusts the circumstances under which a person who became permanently incapacitated for work or permanently blind outside Australia can be considered to have become incapacitated while in Australia, provided they have been continuously resident for at least ten years. Failure to comply with the residency requirements or provide accurate information may result in a denial of benefits. The Act imposes significant penalties for providing false information or fraudulent claims. Section 106 of the Principal Act, as amended by this Act, outlines the penalties for offences related to the fraudulent claiming of benefits. These penalties include fines of up to £1,000 or imprisonment for up to two years, or both. For civil consequences, the Director-General has the authority to recover any overpaid benefits, and in cases of intentional misrepresentation, additional financial penalties may apply. These measures are designed to ensure the integrity of the social services system and to protect the benefits intended for those who meet the eligibility criteria.

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Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Offence Provisions
Conditions of Grant
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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.