Social Services Act (No. 2) 1967

Legislation au C1967A00061 Not in force Act

Legislation content

Social Services (No. 2)

No. 61 of 1967

An Act relating to Child Endowment.

[Assented to 18 September 1967]

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) 1967.


(2.) The Social Services Act 19471966, as amended by the Social Services Act 1967, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Social Services Act 1967 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 19471967.

Commencement.

2. This Act shall come into operation on the nineteenth day of September, One thousand nine hundred and sixty-seven.

Child endowment.

3. Section 95 of the Principal Act is amended—

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

(1a.) The rate at which an endowment is payable is the rate applicable from time to time in accordance with this section.

(2.) The rate of endowment in respect of a child under the age of sixteen years in respect of whom an endowment is payable to a person other than an institution is—

(a) where the child is the only such child, or where there are two or more such children and the child is the elder or eldest of them—Fifty cents per week;

(b) where there are two or more such children and the child is the younger or second eldest of them—One dollar per week;

(c) where there are three or more such children and the child is the third eldest of them—One dollar fifty cents per week; and

(d) where there are four or more such children and the child is not one of the three eldest of them—an amount per week that exceeds by Twenty-five cents the amount payable in respect of the next elder of those children; and

(b) by adding at the end thereof the following sub-section:—

(8.) Where an endowment granted in respect of a child is payable from a date before the date on which it is granted, the endowment shall, for the purposes of calculating the rate of an endowment in respect of a younger child, be deemed to have become payable on the date from which it is payable..


4. Sections 103a to 103d (inclusive) of the Principal Act are repealed and the following sections inserted in their stead:—

Adjustment of rates where child becomes student child.

103a. Where a child in respect of whom an endowment is payable becomes a student child, the rate of the endowment in respect of that child or any other child is not affected by reason of that event in respect of the endowment period during which the child becomes a student child.

Adjustment of rates where there is a non-endowed child in family.

103b. In respect of any period during which an endowee has the custody, care and control of a child under the age of sixteen years in respect of whom endowment is not payable (in this section referred to as the excluded child), the Director-General may, if he thinks fit, authorize payment, in respect of every child under the age of sixteen years in respect of whom endowment is payable to the endowee, of endowment at the rate that would be applicable—

(a) if the excluded child were a child in respect of whom endowment is payable; and

(b) where the excluded child is not older than every child under the age of sixteen years in respect of whom endowment is payable to the endowee—if the excluded child were older than every such child..

Payment of endowment during temporary absence from Australia.

5. Section 104 of the Principal Act is amended by adding at the end of sub-section (3.) the words but, where an endowment would, but for this sub-section, be payable in respect of a child (in this sub-section referred to as the excluded child), an endowment in respect of any other child is, subject to section one hundred and three b of this Act, payable at the rate that would be applicable if an endowment were payable in respect of the excluded child..

Saving.

6. The amendments made by this Act shall not be taken to affect the rate at which any endowment is payable in respect of an endowment period that ended before the date of commencement of this Act.

 

Overview

The Social Services (No. 2) Act 1967, enacted by the Parliament of Australia, was designed to amend the Social Services Act 1947-1966, introducing modifications specifically to the child endowment provisions. This legislation aimed to address issues related to the equitable distribution and payment of child endowments, ensuring that the benefits were fairly allocated based on the number of children and their relative ages within a family. The Act’s policy objective was to provide a structured and fair system for the payment of child endowments, reflecting the needs of families with multiple children. The Act came into operation on 19 September 1967, and it included significant amendments to the rates of child endowment payable under the Social Services Act 1947-1967. These amendments introduced differential rates for children based on their birth order, ensuring that older siblings received a higher rate than younger ones. Furthermore, the Act established provisions for the adjustment of endowment rates in cases where a child became a student child or when there was a non-endowed child in the family, ensuring the system remained fair and responsive to the changing circumstances of families.

Scope and Application

The Social Services Act (No. 2) 1967 amends the Social Services Act 1947–1966 to introduce modifications to the child endowment provisions. This Act applies to individuals or entities eligible for child endowment payments under the amended legislation, targeting families with children under the age of sixteen. The provisions are applicable throughout the Commonwealth of Australia, as it is a federal Act. The Act specifies different rates of child endowment based on the number of children and their order of birth within the family. It also includes provisions for adjustments to the rate of endowment when a child becomes a student child or if there is a non-endowed child in the family. Additionally, it addresses the payment of endowment during a temporary absence from Australia. The Act does not affect the rate of any endowment payable in respect of an endowment period that ended before the Act's commencement. The application and scope of the Act can be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The Social Services (No. 2) Act 1967 makes significant amendments to the Social Services Act 1947–1966, particularly concerning child endowment. Section 3 of the Act modifies the rates of child endowment payable under section 95 of the Principal Act. Specifically, the rate of endowment for a child under sixteen years of age, who is not the eldest of multiple children, is adjusted based on the number of children and their respective ages. For instance, the eldest child receives fifty cents per week, while subsequent children receive incrementally higher amounts up to one dollar and fifty cents for the third eldest child and an amount exceeding by twenty-five cents for any child beyond the third eldest. Section 3 also includes provisions for calculating the rate of endowment in cases where a child becomes a student child or in the presence of a non-endowed child in the family. The Act imposes several obligations on the parties involved. Section 103a ensures that the rate of endowment remains unaffected when a child becomes a student child. Section 103b mandates that the Director-General may authorize the payment of endowment at adjusted rates when a child who is not receiving endowment is present in the family, provided the conditions outlined in the section are met. Furthermore, Section 5 allows for the continuation of endowment payments at adjusted rates during a child's temporary absence from Australia, ensuring that other children's endowments are not adversely affected. In terms of penalties and consequences, the Act does not explicitly state any criminal or civil penalties for breaches of its provisions. However, it is reasonable to infer that non-compliance with the requirements for calculating and paying child endowment could lead to administrative penalties or legal action for non-payment. The precise nature of these penalties would be determined by the relevant authorities and would likely involve financial restitution or corrective actions to ensure that the correct rates are applied and paid.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Offence Provisions

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.