Social Services Act 1963

Legislation au C1963A00046 Not in force Act

Legislation content

SOCIAL SERVICES.

 

No. 46 of 1963.

An Act to amend the Social Services Act 1947–1962.

[Assented to 25th September, 1963.]

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 1963.

(2.) The Social Services Act 1947-1962 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 1947-1963.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Sections five and eight of this Act shall come into operation on a date to be fixed by Proclamation.

Parts.

3. Section five of the Principal Act is amended by omitting the words and figures—

“Division 1.—Preliminary (Section 59).”

and inserting in their stead the words and figures—

“Division 1.—Preliminary (Sections 59-59a).”.


4. After section eighteen of the Principal Act the following section is inserted:—

Student children over the age of sixteen years.

“18a.—(1.) Where a claimant or pensioner has the custody, care and control of a person who—

(a) has attained the age of sixteen years but is under the age of eighteen years;

(b) is receiving full-time education at a school, college or university;

(c) is wholly or substantially dependent on the claimant or pensioner; and

(d) is not in receipt of an invalid pension under Part III.,

the person shall, for the purposes of Divisions 4 and 5 of this Part, be deemed to be a child under the age of sixteen years.

“(2.) For the purposes of paragraph (a) of the last preceding sub-section, a person who attains the age of eighteen years on a day other than the thirty-first day of December shall be deemed to be under that age until the expiration of the thirty-first day of December next following the day on which he attains that age.”.

Rate of pension.

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

(a) by omitting sub-sections (1a.) and (1b.) and inserting in their stead the following sub-sections:—

“(1a.) Subject to the next succeeding sub-section, the maximum rate of age or invalid pension is—

(a) in the case of an unmarried person or a married person whose husband or wife is not in receipt of—

(i) a pension or allowance under this Part, other than an allowance under section thirty-four of this Act;

(ii) a benefit under Part VII.;

(iii) a service pension under the Repatriation Act 1920-1962; or

(iv) an allowance under section nine of the Tuberculosis Act 1948,

Two hundred and ninety-nine pounds per annum; and

(b) in any other case—Two hundred and seventy-three 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 of pension applicable to that person under the last preceding sub-section shall,


subject to the next three succeeding sub-sections, be increased by Thirty-nine pounds per annum for each of those children other than the elder or eldest child.”;

(b) by omitting from sub-section (1e.) the words “specified in” and inserting in their stead the words “applicable to that person under”; and

(c) by omitting sub-paragraph (i) of paragraph (b) of subsection (3.) and inserting in its stead the following sub-paragraph:—

“(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 the amount calculated in accordance with the formula 2(P+182)/26 where P is the maximum rate of pension applicable to him under sub-section (1a.) of this section; or”.

Amount of wife’s allowance.

6. Section thirty-three of the Principal Act is amended by omitting from sub-section (1.) the words “One hundred and twenty-three pounds ten shillings” and inserting in their stead the words “One hundred and fifty-six pounds”.

Receipt of property, &c, to be notified.

7. Section forty-five of the Principal Act is amended by omitting paragraph (e) of sub-section (6.) and inserting in its stead the following paragraphs:—

“(e) a child who is under the age of sixteen years ceasing to be in the custody, care or control of a pensioner;

(ea) a person who is in the custody, care and control of a pensioner and in relation to whom section eighteen a of this Act applies—

(i) ceasing to be in the custody, care or control of the pensioner;

(ii) ceasing to receive full-time education at a school, college or university; or

(iii) ceasing to be wholly or substantially dependent on the pensioner;”.

Inmates of benevolent homes.

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

“(a) he shall, so long as he remains an inmate of the benevolent home, be paid so much of his pension as does not exceed—

(i) in the case of a person to whom paragraph


(a) of sub-section (1a.) of section twenty-eight of this Act applies—One hundred and four pounds per annum; and

(ii) in any other case—Ninety-six pounds four shillings per annum; and”.

9. After section fifty-nine of the Principal Act the following section is inserted in Division 1 of Part IV.:—

Student children over the age of sixteen years.

59a.—(1.) Where a widow has the custody, care and control of a person who—

(a) has attained the age of sixteen years but is under the age of eighteen years;

(b) is receiving full-time education at a school, college or university;

(c) is wholly or substantially dependent on the widow; and

(d) is not in receipt of an invalid pension under Part III., the person shall, for the purposes of this Part (other than section sixty-one of this Act), be deemed to be a child under the age of sixteen years.

“(2.) For the purposes of paragraph (a) of the last preceding sub-section, a person who attains the age of eighteen years on a day other than the thirty-first day of December shall be deemed to be under that age until the expiration of the thirty-first day of December next following the day on which he attains that age.”.

Qualifications for widow’s pension.

10. Section sixty of the Principal Act is amended by inserting in sub-section (2.), after the word “sub-section”, the words “and of the last preceding section in its application for the purposes of that sub-section”.

Rate of widow’s pension (including mother’s allowance payable to class A widows).

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

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

“(a) in the case of a class A widow—the maximum rate of age or invalid pension specified in paragraph (a) of sub-section (1a.) of section twenty-eight of this Act increased by One hundred and four pounds per annum; or

(b) in the case of a class B widow—Two hundred and sixty-six pounds ten shillings per annum.”; and

(b) by omitting from sub-section (3.) the words “Four pounds twelve shillings and sixpence” and inserting in their stead the words “Five pounds two shillings and sixpence”.


12. After section sixty-three of the Principal Act the following section is inserted:—

Allowance to class A widows.

“63a. A class A widow who is in receipt of a pension is entitled to an allowance, in addition to her pension, at the rate of Thirty-nine pounds per annum.”.

Receipt of property, &c., to be notified

13. Section seventy-four of the Principal Act is amended by omitting paragraph (b) of sub-section (5.) and inserting in its stead the following paragraphs:—

“(b) a child (including a person in relation to whom section fifty-nine a of this Act applies) ceasing to be in the custody, care or control of a pensioner;

(ba) a child (including a person in relation to whom section fifty-nine a of this Act applies) of whom a pensioner is, by virtue of sub-section (2.) of section sixty of this Act, deemed to have the custody, care and control ceasing to be maintained by the pensioner;

(bb) a person who is in the custody, care and control of a pensioner (or is, by virtue of sub-section (2.) of section sixty of this Act, deemed to be in the custody, care and control of a pensioner) and in relation to whom section fifty-nine a of this Act applies—

(i) ceasing to receive full-time education at a school, college or university; or

(ii) ceasing to be wholly or substantially dependent on the pensioner; “.

Pension may be continued in certain cases

14. Section seventy-nine of the Principal Act is repealed.

Inmates of benevolent homes.

15. Section eighty of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words “Eighty-seven pounds two shillings” and inserting in their stead the words “Ninety-four pounds eighteen shillings”.

Payments during training.

16. Section one hundred and thirty-five d of the Principal Act is amended by adding at the end thereof the following subsection :—

“(5.) In this section, ‘child’s allowance’ includes an allowance payable under section sixty-three a of this Act.”.

Application of amendments.

17. In so far as an amendment made by this Act affects instalments of pensions or of allowances, the amendment applies in relation to an instalment of pension or of an allowance, as the case may be, falling due on the first pension pay day after the date of commencement of the amendment and to all subsequent instalments.

Overview

The Social Services Act 1963, enacted by the Commonwealth Parliament, amends the Social Services Act 1947-1962 to address issues related to the social security system, particularly concerning the provision of pensions and allowances to individuals based on their familial responsibilities. This Act introduces adjustments to the rates of pensions and allowances, aiming to better support individuals with dependent children, particularly those under full-time education. It also includes provisions for student children who are over sixteen years of age but under eighteen, deeming them as children for the purposes of receiving certain benefits. The policy objective behind these amendments is to provide more equitable support to families with dependent children, ensuring that the social security system adequately addresses the needs of individuals caring for younger relatives who are still in education.

Scope and Application

The Social Services Act 1963 amends the Social Services Act 1947-1962 to introduce several modifications and enhancements to social security provisions within the Commonwealth of Australia. This Act applies to individuals and families who receive social security benefits, particularly targeting claimants or pensioners who have custody, care, and control of children and student children over the age of sixteen. It adjusts the rates of pensions, including age pensions, invalid pensions, and widow’s pensions, and modifies the conditions for receiving these benefits. For example, it deems certain student children as still being under the age of sixteen for benefit eligibility purposes if they are receiving full-time education and are wholly or substantially dependent on the claimant or pensioner. The Act also updates the rates of various allowances and specifies circumstances under which pension payments may be affected, such as changes in the custody or dependency status of children. The amendments apply nationally across Australia, with specific sections coming into force on dates fixed by proclamation. The Act does not explicitly state exclusions or thresholds, but it does include provisions for notifying the receipt of property and adjustments in pension rates based on specific life events or changes in circumstances.

Key Provisions

The Social Services Act 1963 introduces several amendments to the Social Services Act 1947-1962. Firstly, it adjusts the maximum rates of age or invalid pension based on marital status and the number of children under sixteen years in the care of the pensioner (sections 5 and 28). For unmarried individuals or married individuals whose spouse does not receive certain benefits, the maximum rate is set at 299 pounds per annum. For married individuals or those with dependent children, it is reduced to 273 pounds per annum, with an additional 39 pounds per annum for each child beyond the eldest. Furthermore, section 18a treats student children aged between sixteen and eighteen as children under sixteen for certain benefits, provided they are in full-time education and dependent on the pensioner (section 18a). The Act also modifies the wife's allowance to 156 pounds per annum (section 33), updates the notification requirements regarding changes in the custody, care, or control of children (section 45), and revises the pension rates for inmates of benevolent homes (section 50). The amended Act imposes various obligations on the parties involved. Pensioners must report any changes in the custody, care, or control of children or individuals who are treated as children under the new provisions (section 45). Widows who have custody of children aged sixteen to eighteen must also notify changes in the status of these individuals (section 74). Additionally, the Act mandates that certain notifications be made to relevant authorities when these individuals cease to receive full-time education or become independent (sections 45 and 74). The obligation to notify changes extends to instances where a pensioner ceases to maintain a child or a person deemed a child under section 59a (sections 45 and 74). The Act establishes several consequences for non-compliance with its provisions. Firstly, failure to notify changes in the custody, care, or control of children or individuals deemed as children under the Act may result in legal repercussions. This is particularly relevant for pensioners and widows who must ensure that they adhere to the notification requirements specified in sections 45 and 74. Furthermore, inmates of benevolent homes who do not comply with the pension payment provisions may face penalties, although the specifics of these penalties are not detailed in the Act. The Act does not explicitly mention civil or criminal penalties for non-compliance, but it implies that failure to adhere to the notification requirements could have legal ramifications.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Civil Penalty Provisions
Reporting & Disclosure Obligations
Regulatory Standards

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.