Social Services Act (No. 2) 1971

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Social Services (No. 2)

No. 67 of 1971

An Act to amend the Social Services Act 1947–1970, as amended by the Social Services Act 1971.

[Assented to 29 September 1971]

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 (No. 2) 1971.

(2.) The Social Services Act 1947–1970, as amended by the Social Services Act 1971, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Social Services Act 1971 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947–1971.

Commencement.

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

Rate of age or invalid pension (including guardian’s allowances payable to an unmarried person).

3. Section 28 of the Principal Act is amended—

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

“(1b.) Where a person has the custody, care and control of a child or children under the age of sixteen years, the maximum rate of pension applicable to that person under sub-section (1a.) of this section shall, subject to the next four succeeding subsections, be increased, or, if the last preceding sub-section applies to the person, be further increased by Two hundred and thirty-four dollars per annum in respect of each child.”;

(b) by omitting from paragraphs (a) and (b) of sub-section (1f.) the words “One hundred and thirty dollars” (wherever occurring) and inserting in their stead the words “Two hundred and thirty-four dollars”;

(c) by omitting from sub-paragraph (ii) of paragraph (a) of subsection (3.) the words “Five dollars” and inserting in their stead the words “Nine dollars”; and

(d) by omitting from the formula in sub-paragraph (ii) of paragraph (b) of sub-section (3.) the figures “$572” and inserting in their stead the figures “$676”.

4. Section 28a of the Principal Act is repealed and the following section inserted in its stead:—

Maximum rate to be deemed to be increased in relation to certain persons.

“28a.—(1.) Where—

(a) a person to whom paragraph (a) of sub-section (1a.) of the last preceding section applies is permanently blind; or

(b) the amount of the means as assessed of a person to whom paragraph (a) of sub-section (1a.) of the last preceding section applies does not exceed—

(i) in the case of an unmarried person—Five hundred and twenty dollars; or

(ii) in the case of a married person—Four hundred and forty-two dollars,

the maximum rate specified in that paragraph shall be deemed, in relation to that person, to be increased by Ninety-one dollars per annum.

“(2.) Where the amount of the means as assessed of a person referred to in paragraph (b) of the last preceding sub-section—

(a) in the case of an unmarried person—exceeds Five hundred and twenty dollars but does not exceed Seven hundred and two dollars; or

(b) in the case of a married person—exceeds Four hundred and forty-two dollars but does not exceed Six hundred and twenty-four dollars,

the maximum rate specified in paragraph (a) of sub-section (1a.) of the last preceding section shall be deemed, in relation to that person, to be increased by such amount per annum as is equal to one-half of the amount by which the means as assessed of the person is less than—

(d) in the case of a married person—Six hundred and twenty-four dollars.

“(3.) Where—

(a) a person to whom paragraph (b) of sub-section (1a.) of the last preceding section applies is permanently blind; or

(b) the amount of the means as assessed of a person to whom paragraph (b) of sub-section (1a.) of the last preceding section applies does not exceed Four hundred and forty-two dollars,

the maximum rate specified in that paragraph shall, subject to subsection (5.) of this section, be deemed, in relation to that person, to be increased by Seventy-eight dollars per annum.

“(4.) Where the amount of the means as assessed of a person referred to in paragraph (b) of the last preceding sub-section exceeds Four hundred and forty-two dollars but does not exceed Five hundred and ninety-eight dollars, the maximum rate specified in paragraph (b) of sub-section (1a.) of the last preceding section shall, subject to the next succeeding subsection, be deemed, in relation to that person, to be increased by such amount per annum as is equal to one-half of the amount by which the amount of the means as assessed of that person is less than Five hundred and ninety-eight dollars.

“(5.) This section does not affect the amount to be attributed to the symbol ‘P’ in the formulas set out in paragraph (b) of sub-section (3.) of the last preceding section.”.

Amount of wife’s allowance.

5. Section 33 of the Principal Act is amended by omitting from sub-section (1.) the words “Three hundred and sixty-four dollars” and inserting in their stead the words “Four hundred and sixteen dollars”.

Inmates of benevolent homes.

6. Section 50 of the Principal Act is amended—

(a) 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 Three hundred and twelve dollars per annum, or, if an

allowance under Division 4a of this Part is payable to him, Three hundred and sixty-four dollars per annum;”; and

(b) by omitting sub-sections (2.) and (3.).

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

7. Section 63 of the Principal Act is amended—

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

“(1a.) In the case of a class A widow, the maximum rate of pension applicable under paragraph (a) or paragraph (aa) of the last preceding sub-section shall be increased by Two hundred and thirty-four dollars per annum in respect of each child in her custody, care and control.”; and

(b) by omitting from sub-section (3.) the words “Fourteen dollars twenty-five cents” and inserting in their stead the words “Fifteen dollars twenty-five cents”.

Maximum rate to be deemed to be increased in relation to certain persons.

8. Section 63a of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words “Twenty-six dollars” and inserting in their stead the words “Ninety-one dollars”;

(b) by omitting from sub-section (2.) the words “Five hundred and seventy-two dollars” (wherever occurring) and inserting in their stead the words “Seven hundred and two dollars”;

(c) by omitting from sub-section (3.) the words “Twenty-six dollars” and inserting in their stead the words “Seventy-eight dollars”; and

(d) by omitting from sub-section (4.) the words “Five hundred and seventy-two dollars” (wherever occurring) and inserting in their stead the words “Six hundred and seventy-six dollars”.

Inmates of benevolent homes.

9. Section 80 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the words “Two hundred and sixty dollars” and “Three hundred and twelve dollars” and inserting in their stead the words “Three hundred and twelve dollars” and “Three hundred and sixty-four dollars”, respectively; and

(b) by omitting sub-sections (2.) and (3.).

Child endowment.

10. Section 95 of the Principal Act is amended—

(a) by omitting from paragraph (c) of sub-section (2.) the words “One dollar fifty cents” and inserting in their stead the words “Two dollars”;

(b) by omitting sub-section (4.) and inserting in its stead the following sub-section:—

“(4.) The rate of endowment payable to an endowee, being an institution, in respect of a child is—

(a) where the child is a student child—One dollar fifty cents per week; or

(b) in any other case—Two dollars per week.”; and

Rate of unemployment and sickness benefit.

11. Section 112 of the Principal Act is amended—

(a) by omitting from sub-sections (2.), (3.) and (4.) the words “Seven dollars” (wherever occurring) and inserting in their stead the words “Eight dollars”;

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

“(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 Four dollars fifty cents per week in respect of each such child.”; and

(c) by omitting from paragraph (c) of sub-section (6.) the words “Two dollars fifty cents” and inserting in their stead the words “Four dollars fifty cents”.

Calculation of rate of sickness benefits after first six weeks.

12. Section 112a of the Principal Act is amended—

(a) by omitting from paragraphs (a) and (b) of sub-section (1.) the words “Ten dollars fifty cents” (wherever occurring) and inserting in their stead the words “Eleven dollars twenty-five cents”; and

(b) by omitting from sub-paragraph (ii) of paragraph (c) of subsection (1.) the words “fifty cents” and inserting in their stead the words “One dollar seventy-five cents”.

Means test.

13. Section 114 of the Principal Act is amended by omitting from sub-section (4.) the words “Seven dollars” and inserting in their stead the words “Eight dollars”.

Application of amendments.

14.—(1.) 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 a pension or of an allowance, as the case may be, falling

due on the first pension pay day or allowance pay day, as the case may be, after the date of commencement of this Act and to all subsequent instalments.

(2.) In so far as an amendment made by this Act affects instalments of service pensions under the Repatriation Act 1920–1971, the amendment applies in relation to an instalment of a service pension falling due on the first service pension pay day after the date of commencement of this Act and to all subsequent instalments.

(3.) In so far as an amendment made by this Act affects the rate at which any endowment under Part VI. of the Principal Act as amended by this Act is payable, the amendment applies in relation to a payment of endowment payable in respect of any endowment period that commences after the date of commencement of this Act.

(4.) In so far as an amendment made by this Act affects instalments of unemployment benefit or sickness benefit, the amendment applies in relation to an instalment of benefit payable in respect of a period that commences after the date of commencement of this Act or that commenced during the period of seven days ending on that date.

Overview

The Social Services (No. 2) Act 1971 was enacted to further amend the Social Services Act 1947–1970, addressing gaps in the existing social security framework. This Act was passed by the Parliament of Australia and received Royal Assent on 29 September 1971. The policy objective behind this legislation was to revise various rates of social security payments, including pensions, allowances, and benefits, in order to better support the welfare of Australians, particularly those with children or specific vulnerabilities. The Act aimed to adjust the financial assistance provided to individuals and families to reflect the changing economic conditions and to ensure the social security system remained effective in meeting the needs of the population.

Scope and Application

The Social Services (No. 2) Act 1971 amends the Social Services Act 1947–1970, as previously amended by the Social Services Act 1971. This legislation applies to individuals and entities within the Commonwealth of Australia, impacting various social security benefits, including age or invalid pensions, wife's allowance, widow's pensions, child endowment, and unemployment and sickness benefits. The Act also adjusts the rates of these benefits based on factors such as the number of children under a person's care, their means, and whether they are permanently blind. Inmates of benevolent homes are also covered, with their pension rates adjusted accordingly. The Act applies nationally and is effective from the date of Royal Assent, with specific provisions detailing the timing of the application of amendments to different types of benefits and pensions. The Act does not explicitly state exclusions or thresholds, but the amendments are contingent on the specific conditions of each benefit or pension. The application of this Act may be further defined through subordinate instruments, although such details are not provided in the primary text.

Key Provisions

The Social Services (No. 2) Act 1971, which amends the Social Services Act 1947-1970, introduces several key changes primarily focused on adjustments to pension rates and benefits. Section 3 of the Act modifies the rate of age or invalid pension, increasing the maximum pension for those who have custody, care, and control of children under sixteen by $234 per annum for each child. This section also adjusts the means test thresholds and the corresponding increases in pension rates based on the assessed means of the pensioner. The Act further imposes specific obligations on the Department of Social Services to calculate and adjust pension rates according to the provisions of the amended sections. For example, section 4 mandates that where a pensioner's assessed means fall within certain limits, the maximum pension rate will be increased by a specified amount. Similarly, section 5 increases the wife’s allowance to $416 per annum. Failure to comply with the provisions of this Act may result in financial penalties or legal consequences for the Department of Social Services and the individuals affected by the amendments. Although the Act itself does not explicitly state penalties for non-compliance, breaches of related social security laws typically carry civil or criminal penalties, which can include fines or imprisonment depending on the severity and intent of the breach. Additionally, sections 6 through 13 of the Act detail changes to various benefits, including those for inmates of benevolent homes, widows, child endowment, and unemployment and sickness benefits. For instance, section 6 increases the maximum rate of pension for class A widows by $234 per annum for each child in their care. These amendments require the Department to ensure that all beneficiaries receive the correct rates as specified in the amended Act. In summary, the Social Services (No. 2) Act 1971 modifies the rates and conditions of various social security benefits, imposes obligations on the Department of Social Services to implement these changes, and while it does not explicitly state penalties, non-compliance with such amendments could lead to civil or criminal penalties under broader social security laws.

Area of Law: Social Security Law
Instrument: Act
Concepts: Commencement Provisions; Repeal & Amendment; Reporting & Disclosure Obligations; Enforcement Powers

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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