Social Services Act 1975

Administered by Department of Social Services

Legislation au C2004A00256 Not in force Act

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SOCIAL SERVICES ACT 1975

No. 34 of 1975

An Act relating to Social Services.

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

Short title and citation.

1. (1) This Act may be cited as the Social Services Act 1975.

(2) The Social Services Act 1947-1974 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 1947-1975.

Commencement.

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

Definitions.

3. Section 18 of the Principal Act is amended by omitting paragraphs (e) and (ea) of the definition of “income” and substituting the following paragraph:—

“(e) a payment under Part V, VI, VIa, VIb, VII or VIIa;”.

Rate of age or invalid pension (including guardians allowance payable to an unmarried person).

4. Section 28 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1a) the figures “$1,612” and substituting the figures “$1,872”;

(b) by omitting from paragraph (b) of sub-section (1a) the figures “$1,339” and substituting the figures “$1,560”;

(d) by omitting from sub-section (1f) the figures “$286” (wherever occurring) and substituting the figures “$364”;

(e) by omitting from sub-section (2aa) the words “seventy-five” and substituting the figures “70”;

(f) by omitting from sub-section (3) the words “seventy-five” and substituting the figures “70”;

(g) by omitting from sub-paragraph (ii) of paragraph (a) of sub-section (3) the figures “$11” and substituting the figures “$14”; and

(h) by omitting the formula in sub-paragraph (ii) of paragraph (b) of sub-section (3) and substituting the following formula:—

Repeal.

5. Division 4b of Part III of the Principal Act is repealed.

Inmates of benevolent homes.

6. Section 50 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the figures “$520” and substituting the figures “$624”; and

(b) by omitting from that paragraph the figures “$572” and substituting the figures “$676”.

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

7. Section 63 of the Principal Act is amended by omitting subsection (1a) and substituting the following sub-section:—

“(1a) In the case of a Class A widow, the maximum rate of pension applicable under paragraph (a) or (aa) of sub-section (1) shall be increased by an amount per annum in respect of each child in her custody, care and control equal to the amount per annum specified in sub-section (1b) of section 28.”.

Inmates of benevolent homes.

8. Section 80 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the figures “$520” and substituting the figures “$624”; and

(b) by omitting from that paragraph the figures “$572 ” and substituting the figures “$676”.

Rate of unemployment and sickness benefit.

9. Section 112 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the figures “$31” and substituting the figures “$36”;

(b) by omitting from paragraph (b) of sub-section (1) the figures “$25.75” and substituting the figures “$30”;

(d) by omitting from sub-section (4) the figures “$31” (wherever occurring) and substituting the figures “$36”;

(e) by omitting from sub-section (4a) the figures “$51.50” (wherever occurring) and substituting the figures “$60”;

(f) by omitting from sub-section (5) the figures “$5.50” and substituting the figure “$7”; and

(g) by omitting from paragraph (c) of sub-section (6) the figures “$5.50” and substituting the figure “$7”.

Special benefits.

10. Section 124 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:—

“(b) who is not a person to whom an unemployment benefit or a sickness benefit is payable; and”.

Benefit to be payable weekly.

11. Section 132 of the Principal Act is amended by adding at the end thereof the following sub-section: —

“(4) An instalment of a benefit may, if the Director-General so determines, be paid in advance.”.

12. After section 132 of the Principal Act the following section is inserted: —

Payment in advance for period during which qualification ceases.

“132a. Where—

(a) an amount has been paid in advance by way of benefit in respect of a period (being a period not exceeding 7 days) during which the beneficiary ceases to be qualified for the benefit; and the amount is not an amount to which sub-section (1) of section 140 applies,

(b) the fact of the beneficiary so ceasing to be qualified does not affect his entitlement to that payment or any part of that payment.”.

On death of married person, widow or widower to receive combined pensions for 12 weeks.

13. Section 135u of the Principal Act is amended by omitting from paragraph (a) of sub-section (1) the words “, and a benefit under Division 4b,”.

Payment into account with bank, credit union or building society.

14. Section 135w of the Principal Act is amended—

(a) by omitting the words “or credit union” (wherever occurring) and substituting the words credit union or building society”; and

(b) by omitting the definition of “account” in sub-section (7) and substituting the following definitions:—

“‘account’, in relation to a credit union or building society, means an account maintained by a person with the credit union or building society to which are credited moneys received on deposit by the credit union or building society from that person;

‘building society’ means an organization registered as a permanent building society under a law of a State or Territory,”.

Application of certain amendments.

15. (1) The amendments made by this Act, in so far as they affect instalments of age or invalid pensions—

(a) shall be deemed to have come into operation on 1 May 1975; and

(b) apply in relation to an instalment of such a pension or benefit falling due on that date and to all subsequent instalments.

(2) The amendments made by this Act, in so far as they affect transitional benefits for the aged blind, shall be deemed to have come into operation on 1 May 1975.

(3) The amendments made by this Act, in so far as they affect instalments of widows’ pensions or supporting mothers’ benefits—

(a) shall be deemed to have come into operation on 6 May 1975; and

(b) apply in relation to an instalment of such a pension or benefit falling due on that date and to all subsequent instalments.

(4) The amendments made by this Act, in so far as they affect instalments of service pensions under the Repatriation Act 1920-1975—

(a) shall be deemed to have come into operation on 8 May 1975; and

(b) apply in relation to an instalment of such a pension falling due on that date and to all subsequent instalments.

(5) In so far as an amendment made by this Act affects instalments of unemployment or sickness benefit, the amendment applies in relation to—

(a) an instalment of benefit payable in respect of a period that commenced during the period of 6 days immediately before the day on which this Act receives the Royal Assent, being an instalment paid in arrears; and

(b) an instalment of benefit payable in respect of a period that commences on or after the day on which this Act receives the Royal Assent, whether that instalment is paid in arrears or in advance.

Claims lodged on or before a certain date.

16. Where—

(a) before the expiration of the period of 3 months commencing on the date on which this Act receives the Royal Assent, a person lodges a claim for an age pension; and

(b) an age pension is granted to that person by virtue of the application in relation to that person of paragraph 28(2aa)(b) of the Principal Act, as amended by this Act, the age pension shall be paid from—

(d) in any other case—the day on which the person attained or attains that age, if that day is a pension pay-day, or, if it is not, the first pension pay-day after that day.

Overview

The Social Services Act 1975, enacted by the Queen, the Senate and the House of Representatives of Australia, addresses the need to update and amend various provisions within the existing Social Services framework. This Act primarily amends the Social Services Act 1947-1974, updating various rates of pensions and benefits to reflect changes in economic conditions and to ensure that the social security system remains fair and adequate for its beneficiaries. It makes several amendments to pension rates, including age and invalid pensions, widow's pensions, unemployment, and sickness benefits. Additionally, it introduces provisions for the payment of benefits in advance and modifies the conditions under which certain benefits can be claimed. The policy objective is to ensure that social services provided under the Act are current and accessible to those in need.

Scope and Application

The Social Services Act 1975 applies to individuals who are recipients of social security benefits under the act, including those eligible for age pensions, invalid pensions, unemployment benefits, and sickness benefits. It also applies to the entities responsible for administering these benefits, such as the Department of Social Services. The act primarily affects those who are either recipients or potential recipients of social security benefits within Australia. Geographically, the act applies across the Commonwealth of Australia. However, certain provisions may be implemented through subordinate legislation, which can extend or restrict the application of the act. The act does not explicitly state any exclusions or exemptions, but it is understood that eligibility for benefits is determined by specific criteria outlined in the act and its regulations. The application of certain amendments is staggered, with different effective dates for various types of benefits, ensuring a phased implementation of the changes.

Key Provisions

The Social Services Act 1975 makes several key amendments to the Principal Act, impacting various social services provisions. Section 4 adjusts the rates of age or invalid pensions, including guardians' allowances payable to unmarried persons, by increasing specified amounts. Section 6 amends the rates for inmates of benevolent homes. Widow's pensions and mothers' allowances for Class A widows, as detailed in section 7, now include an increased amount per annum for each child in the widow's custody, care, and control. The rates of unemployment and sickness benefits are also increased under section 9. Amendments in section 10 redefine special benefits, excluding those who receive unemployment or sickness benefits. Section 11 allows for the payment of benefits in advance, subject to the Director-General's discretion, and section 12 ensures that payments made in advance during a period of disqualification for benefits are not affected by the disqualification. The Act imposes several obligations on the entities it governs. These include ensuring that the updated pension rates are correctly calculated and disbursed to eligible recipients. Additionally, entities must adhere to the new provisions regarding the payment of benefits in advance and the handling of payments made during periods of disqualification. The Act also requires compliance with the amended definitions and criteria for special benefits and the payment of widows' pensions for a specified period following the death of a married person. Breaches of the provisions outlined in the Social Services Act 1975 can lead to various consequences. While the Act does not explicitly list specific offences or penalties, any failure to comply with the updated rates, payment methods, or eligibility criteria could result in legal action. Such breaches could potentially lead to civil penalties, administrative sanctions, or other corrective measures as deemed appropriate by the relevant authorities. The precise penalties would depend on the nature and severity of the breach, as well as the specific provisions of the Act that were contravened.

Area of Law: Social Security Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Offence Provisions

Interactions

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.

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