Social Services Act (No. 2) 1974

Administered by Department of Social Services

Legislation au C2004A00082 Not in force Act

Legislation content

SOCIAL SERVICES ACT (No. 2) 1974.

 

No. 23 of 1974

 

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 (No. 2)

(2).The Social Services Act 1947-1973, as amended by the Social Services Act 1974, is in this Act referred to as the Principal Act.

(3) Section 1 of the Social Services Act 1974 is amended by omitting sub-section (3).

(4) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947-1974.

Commencement

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

Rate of age or invalid pension guardian allowance payable to an unmarried person

3. Section 28 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1a) the words “One thousand three hundred and fifty-two dollars” and substituting the figures “$1,612”; and

(b) by omitting from paragraph (b) of sub-section (1a) the words an “One thousand one hundred and eighty-three dollars” and substituting figures “$1,339”.

Transitional blind inmates of

4. Section 30D of the Principal Act is amended by omitting from sub-section (2) the words “One hundred and fifty-six dollars” and substituting the figures “$78”.

Inmates of benevolent homes.

5. Section 50 of the Principal Act is amended—

(a). by omitting from paragraph (a) of sub-section (1) the words “Four hundred and forty-two dollars” and substituting the figures “$520”; and

(b) by omitting from paragraph (a) of sub-section (1) the words “Four hundred and ninety-four dollars” and substituting the figures “$572”.

Inmates of benevolent home

6. Section 80 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the words “Four hundred and forty-two dollars” and substituting the figures “$520”; and

(b) by omitting from paragraph (a) of sub-section (1) the words “Four hundred and ninety-four dollars” and substituting the figures “$572”.

Rate of unemployment and sickness benefit.

7. Section 112 of the Principal Act is amended—

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

(b) by omitting from paragraph (b) of sub-section (1) the words “Twenty-two dollars seventy-five cents” and substituting the figures “$25.75”;

(c) by omitting from sub-section (2) the words “Twenty-two dollars seventy-five cents” (wherever occurring) and substituting the figures “$25.75”;

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

(e) by omitting from sub-section (4a) the words “Forty-five dollars fifty cents” (wherever occurring) and substituting the figures “$51.50”.

Application of amendments.

8. (1) In so far as an amendment made by this Act affects instalments of pensions or allowances under the Social Services Act 1947-1974, the amendment applies in relation to an instalment of a pension or allowance falling due on the day on which this Act receives the Royal Assent, if that day is a pension pay-day, or, if it is not, on the first pension pay-day after the day on which this Act receives the Royal Assent, 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 1920-1974, the amendment applies in relation to an instalment of a service pension falling due on the day on which this Act receives the Royal Assent, if that day is a service pension pay-day, or, if it is not, on the first service pension pay-day after that day, and to all subsequent instalments.

(3) In so far as an amendment made by this Act affects instalments of unemployment or sickness benefit, the amendment applies in relation to 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 and in relation to an instalment of benefit payable in respect of a period that commences on or after that day.

Overview

The Social Services Act (No. 2) 1974 was enacted to amend the Social Services Act 1947-1973, addressing the need to update certain financial provisions within the legislation. Enacted by the Queen, the Senate, and the House of Representatives of Australia, the Act aims to revise the rates of various allowances and benefits to reflect the economic conditions of the time. This includes updates to age or invalid pensions, unemployment benefits, and sickness benefits, ensuring that recipients receive fair and adequate support. The amendments apply to instalments of pensions, allowances, and benefits from the date of Royal Assent or the first applicable pay-day thereafter.

Scope and Application

The Social Services Act (No. 2) 1974 applies to individuals and entities receiving social services and payments under the Principal Act, which is the Social Services Act 1947-1974, as amended. This Act primarily targets the amendments to various rates of pensions, allowances, and benefits for different categories of individuals, including unmarried persons, inmates of benevolent homes, and those receiving unemployment or sickness benefits. The amendments include changes to the amounts of guardian allowance, pension rates for blind inmates and inmates of benevolent homes, and unemployment and sickness benefits. The application of these amendments is geographically expansive, reaching across the Commonwealth of Australia. It is noteworthy that the Act does not specify any exclusions or thresholds; however, it extends its application through subordinate instruments, such as regulations or administrative guidelines, to ensure comprehensive coverage of its provisions. The Act’s provisions are designed to take immediate effect upon receiving the Royal Assent, thereby providing swift adjustments to the rates of social services and benefits.

Key Provisions

The Social Services Act (No. 2) 1974 introduces several key amendments to the Social Services Act 1947-1974. Primarily, it revises the rates of various pensions and allowances under the Principal Act. For instance, Section 3 of the Act adjusts the rate of age or invalid pension guardian allowance payable to an unmarried person, replacing the former rate with new figures (Section 28 of the Principal Act). Similarly, Section 4 modifies the allowance for transitional blind inmates, reducing the amount from $156 to $78 (Section 30D of the Principal Act). The Act also updates the rates for inmates of benevolent homes, unemployment benefits, and sickness benefits by amending Sections 50, 80, and 112 of the Principal Act respectively, with new figures replacing the old ones. These amendments impose updated financial obligations on the government to pay revised rates of pensions and allowances to eligible recipients. For example, the government must now pay an age or invalid pension guardian allowance of $1,612 to unmarried persons, instead of the previous rate. Additionally, the government must ensure that inmates of benevolent homes receive an updated allowance of $520 or $572, depending on the circumstances. Similarly, unemployment and sickness benefits are now set at $31 and $25.75 respectively. Failure to comply with the provisions of the Social Services Act (No. 2) 1974 could result in legal consequences. However, the text does not explicitly outline offences, penalties, or consequences for non-compliance. The Act does not mention any specific sanctions for breaches, suggesting that compliance is expected through administrative oversight and enforcement by relevant authorities. Nonetheless, any breach of the provisions could potentially lead to legal disputes regarding the correct rates of payments, and in extreme cases, could result in civil actions for non-payment or underpayment of benefits.

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Social Services Law
Instrument
Act
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Commencement Provisions
Transitional Provisions
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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.