Social Services Act (No. 2) 1972

Legislation au C1972A00014 Not in force Act

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Social Services (No. 2)

No. 14 of 1972

An Act relating to Social Services.

[Assented to 24 April 1972]

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) 1972.

(2.) The Social Services Act 1947–1971, as amended by the Social Services Act 1972, is in this Act referred to as the Principal Act.

(3.) Section 1 of the Social Services Act 1972 is amended by omitting sub-section (2.).

(4.) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947–1972.

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 guardians allowance payable to an unmarried person).

3. Section 28 of the Principal Act is amended—

(a) by omitting from sub-section (1a.) the words and to the next succeeding section;

(b) by omitting from paragraph (a) of sub-section (1a.) the words Eight hundred and six and inserting in their stead the words Nine hundred and forty-nine; and

(c) by omitting from paragraph (b) of sub-section (1a.) the words Seven hundred and fifteen and inserting in their stead the words Eight hundred and thirty-two.

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

4. Section 28a of the Principal Act is repealed.

Inmates of benevolent homes.

5. Section 50 of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words Three hundred and twelve and Three hundred and sixty-four and inserting in their stead the words Three hundred and twenty-five and Three hundred and seventy-seven, respectively.


Rate of widows pension (including mothers allowance payable to Class A widows).

6. Section 63 of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1.) the words Seven hundred and fifteen and inserting in their stead the words Eight hundred and thirty-two; and

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

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

7. Section 63a of the Principal Act is repealed.

Inmates of benevolent homes.

8. Section 80 of the Principal Act is amended by omitting from paragraph (a) of sub-section (1.) the words Three hundred and twelve and Three hundred and sixty-four and inserting in their stead the words Three hundred and twenty-five and Three hundred and seventy-seven, respectively.

Calculation of rate of sickness benefit after first six weeks.

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

(a) by omitting from paragraphs (a) and (b) of sub-section (1.) the words Eleven dollars twenty-five cents and inserting in their stead the words Twelve dollars; and

(b) by omitting paragraph (c) of sub-section (1.) and inserting in its stead the following paragraph:

(c) the rate specified in paragraph (c) of that sub-section were an amount per week equal to one fifty-second of the amount included in the annual rate specified in paragraph (a) of sub-section (1a.) of section twenty-eight of this Act..

Application of amendments.

10.—(1.) In so far as an amendment made by this Act affects instalments of pensions, the amendment applies in relation to an instalment of a pension falling due on the first pension pay day 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 1920–1972, 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 instalments of sickness benefit, the amendment applies in relation to an instalment of benefit payable in respect of a period that commenced during the period of six days immediately before the commencement of this Act and in relation to an instalment of benefit payable in respect of a period that commences on or after the commencement of this Act.

Overview

The Social Services (No. 2) Act 1972 was enacted to address the need for adjustments in the rates of pensions and benefits under the Social Services Act 1947–1971. This Act was introduced by the Australian Parliament to amend the Principal Act, ensuring that various pension rates and allowances were updated to reflect the changing economic conditions and cost of living. The policy objective behind this legislation was to provide a more equitable and fair system of social security benefits, ensuring that recipients were adequately supported through adjustments to the financial assistance they received. The Act came into effect on the day it received Royal Assent and made specific amendments to the rates of age, invalid, and widow’s pensions, as well as the allowance for inmates of benevolent homes, among other adjustments.

Scope and Application

The Social Services Act (No. 2) 1972 pertains to the administration and provision of social services within the Commonwealth of Australia, encompassing a range of financial benefits and support mechanisms. This legislation applies to individuals who are recipients of social security pensions, benefits, and allowances, including age, invalid, and widow's pensions, as well as sickness benefits. It extends to inmates of benevolent homes, ensuring that their allowances are adjusted in accordance with the amendments. The Act is a federal statute and thus applies across the entire Commonwealth, influencing the social security system uniformly across states and territories. While the Act provides broad coverage, certain exclusions and specific criteria may apply to the eligibility and amount of benefits, which can be further defined by subordinate instruments or regulations. These instruments may also extend or restrict the application of the Act, ensuring precise implementation and compliance with the legislative intent.

Key Provisions

The Social Services (No. 2) Act 1972 amends the Social Services Act 1947-1971, introducing several changes to pension rates and allowances. Section 3 of the Act adjusts the rate of age or invalid pension, replacing specific amounts in sub-section (1a.) with new figures. Section 5 modifies the amount for inmates of benevolent homes, while Section 6 alters the rate of widow's pension, also for Class A widows. Similarly, Section 8 adjusts the rate for inmates of benevolent homes in the context of widow's pensions. Section 9 changes the calculation of the rate of sickness benefit after the first six weeks, replacing certain dollar amounts and introducing a new calculation method. The Act imposes specific obligations on those administering the amended pensions and benefits. For instance, it mandates that any amendments affecting pension instalments apply from the first pay day following the Act's commencement, as detailed in Section 10(1). This rule extends to service pensions under the Repatriation Act 1920-1972, with amendments applying from the first relevant pay day after the Act's commencement (Section 10(2)). For sickness benefits, amendments apply to periods commencing on or after the Act's commencement and also to periods starting within six days before the commencement (Section 10(3)). Breaching the provisions of this Act can lead to various consequences. While the Act does not explicitly outline specific offences or penalties, it operates within the broader framework of Australian law where non-compliance with legislative mandates can attract penalties. These can include fines or other sanctions, depending on the nature and severity of the breach. The specific penalties would be determined by the relevant authorities and could be subject to judicial interpretation and discretion, potentially leading to civil or criminal proceedings in cases of significant non-compliance.

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Social Security Law
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Act
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Commencement Provisions
Repeal & Amendment
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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.