Social Services Act (No. 2) 1955

Legislation au C1955A00038 Not in force Act

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SOCIAL SERVICES (No. 2).

 

No. 38 of 1955.

An Act to amend the Social Services Act 1947-1954, as amended by the Social Services Act 1955.

[Assented to 19th October, 1955.]

BE it enacted by the Queens 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 (No. 2) 1955.

(2.) The Social Services Act 1947-1954, as amended by the Social Services Act 1955, is in this Act referred to as the Principal Act.

(3.) Section one of the Social Services Act 1955 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947-1955.

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.) Paragraph (a) of section four of this Act shall come into operation on the day on which the Lands Acquisition Act 1955 comes into operation.


Amendments of Principal Act.

3. The Principal Act is amended by omitting the words Australian Soldiers Repatriation Act 1920-1947 and Australian Soldiers Repatriation Act 1920-1949 (wherever occurring) and inserting in their stead the words Repatriation Act 1920-1954.

Savings.

4. Section four of the Principal Act is amended—

(a) by omitting from paragraph (e) of sub-section (1.) all the words after the word documents (second occurring) and inserting in their stead the words relating to land disposed of by the Commonwealth are executed for and on behalf of the Commonwealth under the Lands Acquisition Act 1955 and that Act applies to instruments, receipts and documents so executed in the same manner as if they were executed under that Act; and

(b) by omitting from paragraph (i) of sub-section (1.) the words Child Endowment Act 1942-1945 and inserting in their stead the words Child Endowment Act 1941-1945.

Definitions.

5. Section six of the Principal Act is amended by omitting the definition of war pension.

Definitions.

6. Section eighteen of the Principal Act is amended—

(a) by omitting from paragraph (j) of the definition of income the word or (last occurring);

(b) by inserting after paragraph (j) of the definition of income the following paragraph:—

(ja) an allowance for an attendant payable under the Repatriation Act 1920-1954; or; and

(c) by omitting the definition of service pensioner.

Rate of pension.

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

(a) by omitting from sub-section (1.) the words One hundred and eighty-two pounds and inserting in their stead the words Two hundred and eight pounds; and

(b) by omitting sub-sections (3.) and (4.) and inserting in their stead the following sub-sections:—

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

(a) in the case of an unmarried person—at a rate per fortnight greater than the difference (if any) between the rate per fortnight of his war pension and the special rate of pension specified in the Second Schedule to the Repatriation Act 1920-1954; and


(b) in the case of a married person—at a rate per fortnight greater than half the difference (if any) between the total of the rate per fortnight of his war pension and of the rate per fortnight of the war pension (if any) payable to his wife, or her husband, as the case may be, and Thirty pounds.

(4.) In this section, war pension means a pension (other than a service pension), an amount and an allowance (other than an allowance for an attendant) payable under the Repatriation Act 1920-1954..

Amount of wifes allowance.

8. Section thirty-three of the Principal Act is amended by omitting sub-section (2a.).

Inmates of benevolent homes.

9. Section fifty 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-two pounds sixteen shillings.

Rate of widows pension.

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

(a) by omitting from paragraph (a) of sub-section (1.) the words One hundred and ninety-five pounds and inserting in their stead the words Two hundred and twenty-one pounds;

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

(c) by omitting sub-section (2a.);

(d) by omitting from sub-section (3.) the words Two pounds seventeen shillings and sixpence and inserting in their stead the words Three pounds seven shillings and sixpence; and

(e) by omitting sub-section (4.).

Inmates of benevolent homes.

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

Endowment to cease in certain circumstances.

12. Section one hundred and three of the Principal Act is amended by omitting from sub-section (1.) the words Subject to the next succeeding section and inserting in their stead the words Subject to section one hundred and four of this Act.


Certificate by Director-General as to amount of pension to be deducted under certain other laws.

13. Section one hundred and forty-three a of the Principal Act is amended by inserting at the end thereof the following sub-section:—

(3.) In this section, war pension means a pension, including a service pension, an amount and an allowance (other than an allowance for an attendant) payable under the Repatriation Act 1920-1954..

Application of amendments.

14. The amendments effected by this Act, in so far as they relate to instalments of pensions, apply in relation to an instalment of a 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 (No. 2) 1955 was enacted to further amend the Social Services Act 1947-1954, addressing various gaps and updating certain provisions to reflect current needs and legislative changes. This Act was passed by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and received Royal Assent on 19 October 1955. The primary objective of this legislation is to update and refine the social services framework, ensuring it remains relevant and effective in supporting the community. This includes adjusting the rates of pensions and allowances, updating references to other relevant Acts, and clarifying definitions and scope within the social services context. The Act makes several amendments to the Principal Act, such as updating references to specific Acts and Acts' sections, adjusting pension rates, and clarifying certain definitions to ensure the legislative framework is precise and up-to-date. These amendments are intended to streamline the administration of social services and ensure consistency with other related legislation, such as the Repatriation Act 1920-1954 and the Lands Acquisition Act 1955.

Scope and Application

The Social Services Act (No. 2) 1955 amends the Social Services Act 1947-1954 to make various updates and adjustments, impacting the eligibility, rates, and conditions of social service pensions and allowances provided under the Principal Act. The Act applies to individuals who are claimants or pensioners of social services, including war pensions, and their families, as well as to benevolent homes where such individuals reside. The amendments affect all Commonwealth jurisdictions and are applicable nationwide. The Act includes specific provisions for the redefinition of terms and adjustments to pension rates, as well as changes to the conditions under which certain allowances and pensions are paid. Notably, the Act also provides for the application of these amendments to future pension instalments, ensuring that the changes are retrospective from the first pension pay day after the Act receives Royal Assent. The Act does not specify any exclusions, exemptions, or thresholds beyond those outlined in the amendments themselves.

Key Provisions

The main operative sections of the Social Services (No. 2) Act 1955 amend the Social Services Act 1947-1954, as amended by the Social Services Act 1955. This Act changes references to certain acts, modifies definitions, and adjusts rates of pensions and allowances. For example, it changes the reference to the Australian Soldiers' Repatriation Act to the Repatriation Act 1920-1954 (section 3). It also alters the definition of "income" to include an allowance for an attendant payable under the Repatriation Act 1920-1954 (section 6). Furthermore, it adjusts the rate of various pensions and allowances, such as the war pension, widow's pension, and the allowance for inmates of benevolent homes (sections 7, 9, 10, and 11). The Act imposes several obligations on the parties it governs. Firstly, it requires that certain documents relating to land disposed of by the Commonwealth be executed on behalf of the Commonwealth under the Lands Acquisition Act 1955 (section 4(1)(e)). Secondly, it mandates that the Director-General provide a certificate regarding the amount of pension to be deducted under certain other laws (section 143A(3)). Additionally, it requires that amendments to pension rates and allowances be applied to pension instalments due after the Act receives Royal Assent (section 14). There are potential civil and criminal consequences for breaches of the Act, although specific offences, penalties, or consequences are not detailed in the provided text. Typically, breaches of legislative provisions can result in penalties such as fines or imprisonment, depending on the severity and nature of the breach. For example, under the Principal Act, there could be provisions that outline penalties for non-compliance with pension payment requirements or fraudulent claims. However, the exact nature of these penalties is not specified within the text provided.

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Social Security Law
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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.