Social Services Amendment Act 1976

Legislation au C2004A01457 Not in force Act

Legislation content

SOCIAL SERVICES AMENDMENT ACT 1976

No. 26 of 1976

An Act relating to Social Services.

BE IT ENACTED by the Queen, and the Senate and 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 Amendment Act 1976.

(2) The Social Services Act 1947-1975 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947-1976.

Commencement.

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

Definitions.

3. Section 18 of the Principal Act is amended by inserting in the definition of “income”, after paragraph (eaa), the following paragraph:—

“(ea) a payment received by a trainee in full-time training under the scheme known as the National Employment and Training System, being—

(i) a payment known as the training component; or

(ii) a payment of a living away from home allowance;

Rate of age or invalid pension (including guardians allowance payable to an unmarried person).

4. Section 28 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1a) the figures “$2,015” and substituting the figures “$2,145”; and

(b) by omitting from paragraph (b) of sub-section (1a) the figures “$1,677” and substituting the figures “$1,781

Inmates of benevolent homes.

5. Section 50 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the figures “$676” and substituting the figures “$728”; and

(b) by omitting from that paragraph the figures “$728” and substituting the figures “$780”.

Inmates of benevolent homes.

6. Section 80 of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1) the figures “$676” and substituting the figures “$728”; and

(b) by omitting from that paragraph the figures “$728” and substituting the figures “$780”.

Interpretation.

7. Section 106 of the Principal Act is amended by inserting in the definition of “income” in sub-section (1), after paragraph (ba), the following paragraph:—

“(bb) a payment received by a trainee in full-time training under the scheme known as the National Employment and Training System, being—

(i) a payment known as the training component; or

(ii) a payment of a living away from home allowance;”.

Rate of unemployment and sickness benefit.

8. Section 112 of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1) the figures “$38.75” and substituting the figures “$41.25”;

(b) by omitting from paragraph (c) of sub-section (1) the figures “$32.25” and substituting the figures “$34.25”;

(c) by omitting from paragraph (a) of sub-section (2) the figures “$32.25” and substituting the figures “$34.25”;

(d) by omitting from paragraph (b) of sub-section (2) the figures “$32.25” (wherever occurring) and substituting the figures “$34.25”;

(e) by omitting from sub-section (4) the figures “$38.75” (wherever occurring) and substituting the figures “$41.25”; and


(f) by omitting from sub-section (4a) the figures “$64.50” (wherever occurring) and substituting the figures “$68.50”.

Offences.

9. (1) Section 138 of the Principal Act is amended by omitting from sub-section (1) the words “One hundred dollars” and substituting the figures “$500”.

(2) The amendment made by sub-section (1) does not apply in relation to an offence committed before the commencement of this section.

Application of certain amendments.

10. (1) The amendments made by this Act, in so far as they affect instalments of age, invalid or widows’ pensions or supporting mothers’ benefits, apply in relation to an instalment of such a pension or benefit falling due on 13 May 1976 and to all subsequent instalments.

(2) The amendments made by this Act, in so far as they affect instalments of service pensions under the Repatriation Act 1920-1976, apply in relation to an instalment of such a pension falling due on 6 May 1976 and to all subsequent instalments.

(3) The amendments made by this Act, in so far as they affect instalments of unemployment or sickness benefits, apply in relation to an instalment of such a benefit falling due on 1 May 1976 and to all subsequent instalments.

Overview

The Social Services Amendment Act 1976, enacted by the Parliament of Australia, serves to amend the Social Services Act 1947-1975, introducing a series of modifications to the social security provisions to address various policy objectives. The principal aim of this Act is to update and adjust the financial parameters within the social services framework to better align with the economic conditions and social needs of the time. The Act includes amendments to income definitions, adjustment of pension and benefit rates, and modifications to the penalties for certain offences, reflecting an intent to provide more accurate income assessments for beneficiaries, ensure fair compensation for pensioners, and enforce stricter compliance measures. These amendments are designed to take effect from specific dates, ensuring a phased implementation that allows for administrative adjustments and public awareness.

Scope and Application

The Social Services Amendment Act 1976 applies to various aspects of the Social Services Act 1947-1976, particularly focusing on the modification of pension and benefit rates, the inclusion of specific income types for assessment, and the amendment of penalties for offences under the Act. It applies to individuals and entities receiving benefits or pensions under the Principal Act, as well as those administering such benefits. The Act's jurisdiction is Commonwealth, affecting all states and territories within Australia. There are no specific exclusions stated in the text, but it does specify that certain amendments apply from specific dates, such as 13 May 1976 for age, invalid, and widows' pensions, 6 May 1976 for service pensions under the Repatriation Act, and 1 May 1976 for unemployment or sickness benefits. The Act extends its application through amendments to specific sections of the Principal Act and by setting out the dates from which these amendments take effect.

Key Provisions

The Social Services Amendment Act 1976 (sections 1 to 10) amends the Social Services Act 1947-1975, now referred to as the Social Services Act 1947-1976. This Act updates various aspects of social services, including the definition of "income" to include payments received by trainees in full-time training under the National Employment and Training System, such as training components and living away from home allowances (sections 3 and 7). It also revises the rates of age or invalid pensions, guardians' allowances, and inmates of benevolent homes (sections 4, 5, and 6). Additionally, the Act adjusts the rates of unemployment and sickness benefits (section 8). The Act specifies that these amendments apply to instalments falling due on particular dates in May 1976 and thereafter (section 10). The Social Services Amendment Act 1976 imposes obligations on entities and individuals receiving social services to accurately report their income and other relevant details as per the updated definitions and rates provided in the Act. Beneficiaries must ensure that any payments received under the National Employment and Training System are appropriately declared and accounted for in their income assessments (sections 3 and 7). Furthermore, entities managing payments of pensions and benefits must comply with the new rates specified in the Act, ensuring that instalments are adjusted accordingly from the stipulated dates (sections 4, 5, 6, and 8). The Act outlines specific offences and penalties for breaches, with Section 9 amending the penalty for certain offences from $100 to $500. This increased penalty applies to offences committed after the commencement of this section of the Act. Notably, the increased penalty does not retroactively apply to offences committed before the amendment took effect (section 9(2)). Compliance with these provisions is crucial for avoiding the financial and legal consequences associated with non-compliance, as specified in the Act.

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.