Social Services Amendment Act (No. 2) 1976

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SOCIAL SERVICES AMENDMENT ACT (No. 2) 1976

No. 62 of 1976

 

An Act relating to Child Endowment.

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 (No. 2) 1976.

(2) The Social Services Act 1947-1975, as amended by the Social Services Amendment Act 1976, is in this Act referred to as the Principal Act.

(3) Section 1 of the Social Services Amendment Act 1976 is amended by omitting sub-section (3).

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

Commencement.

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

Interpretation.

3. Section 94 of the Principal Act is amended—

(a) by omitting from sub-paragraph (i) of paragraph (b) of the definition of “child” in sub-section (1) the words “twenty-one years” and substituting the words “twenty-five years”; and

(b) by inserting after sub-section (2) the following sub-section:—

“(2a) Where a person who is wholly or substantially dependent on another person—

(a) has attained the age of eighteen years but has not attained the age of twenty-five years;

(b) is receiving full-time education at a school, college or university; and

(c) is not in employment or engaged in work on his own account,

the provisions of this Part, including the provisions of sub-section (2), apply in relation to that person as if that person were a child in the custody, care and control of that other person.”.

Child endowment.

4. Section 95 of the Principal Act is amended by omitting sub-sections (2), (3), (4) and (5) and substituting the following sub-sections:—

“(2) The rate of endowment in respect of a child 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— $3.50 per week;

(b) where there are two or more such children and the child is the younger or second eldest of them—$5 per week;

(c) where there are three or more such children and the child is the third or fourth eldest of them—$6 per week; and

(d) where there are five or more such children and the child is not one of the four eldest of them—$7 per week.


“(3) The rate of endowment payable to an endowee, being an institution, in respect of a child is $5 per week.”.

Endowment to cease in certain circumstances.

5. Section 103 of the Principal Act is amended by omitting from sub-paragraph (i) of paragraph (g) of sub-section (1) the words “twenty- one years” and substituting the words “twenty-five years”.

Adjustment of rates where child becomes student child.

6. Section 103a of the Principal Act is repealed.

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

7. Section 103b of the Principal Act is amended by omitting the words “under the age of sixteen years” (wherever occurring).

Payment of endowment to certain residents.

8. After section 104 of the Principal Act the following section is inserted: —

“104aa. (1) Where, but for this section, an endowment could not, by reason of a provision of section 96 or 104, be granted in respect of a child, the Director-General may, notwithstanding that provision, grant a claim for an endowment in respect of the child if the Director-General is satisfied that—

(a) the claimant (not being an institution) is in Australia; and

(b) the claimant, or if the claimant is a woman, the claimant or her husband—

(i) is a resident of Australia; and

(ii) is contributing regularly to the maintenance of the child.

“(2) Where a husband or his wife is contributing regularly to the maintenance of a child and the husband is in Australia but his wife is not in Australia—

(a) sub-section (2) of section 94 does not apply to or in relation to the child; and

(b) the husband shall be deemed, for the purposes of sub-section (1) of this section, to have the custody, care and control of the child.

“(3) Paragraphs (a), (b), (c), (d) and (e) of sub-section (1) of section 103 do not apply in relation to an endowment granted by virtue of sub-section (1) of this section, but, without affecting the application of the remaining provisions of sub-section (1) of section 103 in relation to such an endowment, the Director-General may terminate the payment of such an endowment if he is satisfied that—

(a) the endowee would not be granted an endowment in respect of the child if the endowee were a claimant for such an endowment; or

(b) the child has become an inmate of an institution.

“(4) The Director-General shall not terminate the payment of an endowment under sub-section (3) by reason that the endowee has ceased to be in Australia if he is satisfied that the absence of the endowee from Australia is temporary only.

“(5) Paragraphs (a) and (b) of section 104a do not apply in relation to an endowee to whom an endowment is paid in respect of a child by virtue of sub-section (1) of this section, but, without affecting the application of the remaining provisions of section 104a in relation to the endowee, where—

(a) the endowee ceases to be in Australia;

(b) the endowee ceases to be a resident of Australia; or

(c) the endowee ceases to contribute regularly to the maintenance of the child,

the endowee shall, within 14 days after the occurrence of that event, notify a Director accordingly.

Penalty: $40.


“(6) Where an endowment is granted under sub-section (1) by reason that the husband of the claimant is a resident of Australia, paragraph (b) of sub-section (5) applies in relation to the endowee as if the reference in that paragraph to the endowee were a reference to the husband of the endowee.

“(7) Where an endowment is granted under sub-section (1) in respect of a child by reason that the husband of the claimant is contributing regularly to the maintenance of the child, paragraph (c) of sub-section (5) applies in relation to the endowee as if the reference in that paragraph to the endowee were a reference to the husband of the endowee.

“(8) An endowment shall not be granted or paid to a person by virtue of sub-section (1) in respect of a child for any period for which any person has received, or is receiving, a payment, similar to an endowment, in respect of that child under the law of some other country 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 103b, payable at the rate that would be applicable if an endowment were payable in respect of the excluded child.

“(9) In this section, ‘resident of Australia’ means a resident of Australia as defined by the Income Tax Assessment Act 1936-1976.”.

Application of amendments.

9. The amendments made by this Act apply in relation to the payment of endowment payable in respect of any endowment period that commences on or after 15 June 1976.

Overview

The Social Services Amendment Act (No. 2) 1976 was enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, to amend the Social Services Act 1947-1975. This Act aimed to address certain gaps in the provision of child endowment by modifying the eligibility criteria and payment rates for child endowment, as well as introducing provisions for the payment of endowment to certain residents. The policy objective was to ensure that child endowment was accessible to those who needed it most, particularly by extending the age limit for eligibility and adjusting the rates based on the number of children in a family. The amendments made by this Act apply to payments of endowment that commence on or after 15 June 1976.

Scope and Application

The Social Services Amendment Act (No. 2) 1976 amends the Social Services Act 1947-1975 to modify the provisions regarding child endowment. The Act applies to individuals and families who receive child endowment payments, extending eligibility for such payments to dependents up to the age of twenty-five years if they are receiving full-time education and not employed. The amendments specify new rates for child endowment based on the number of children and their order of birth within the family, and they also introduce provisions for the payment of endowment to certain residents who might otherwise be ineligible due to residency or location issues. The Act is in force from the date of Royal Assent and applies to all endowment periods commencing on or after 15 June 1976. Notably, it does not specify exclusions or exemptions beyond those already provided in the Principal Act. The application of this Act can be further defined or extended through subordinate legislation, which may include regulations or administrative directions issued under the authority of the Act.

Key Provisions

The Social Services Amendment Act (No. 2) 1976 makes several key amendments to the Social Services Act 1947-1975, primarily concerning child endowment provisions. The main operative sections include amendments to the definition of "child" (section 3), changes to the rates of child endowment (section 4), the cessation of endowment in certain circumstances (section 5), and adjustments to the payment of endowment to certain residents (section 8). The Act modifies the age at which a child is considered dependent, alters the rates of child endowment based on the number of children and their order of birth, and introduces specific conditions under which the Director-General can grant an endowment despite usual eligibility constraints. These changes apply to any endowment period commencing on or after 15 June 1976. The Act imposes several obligations and requirements on the parties it governs. For instance, it mandates that the Director-General may grant an endowment to a child under certain conditions, such as the claimant or the claimant’s spouse being in Australia and contributing regularly to the child’s maintenance. It also stipulates that an endowment cannot be granted if a similar payment is being received from another country. Additionally, the Act requires that specific notifications be made to the Director-General if the endowee ceases to reside in Australia, ceases to be a resident of Australia, or stops contributing regularly to the child’s maintenance. Failure to notify within 14 days of such an event may result in penalties. The Act outlines penalties for non-compliance with its provisions. Specifically, section 8(5) states that if an endowee fails to notify the Director-General of certain changes within 14 days, a penalty of $40 applies. This penalty underscores the importance of timely communication and adherence to the conditions set forth in the Act. There are no other explicit criminal or civil consequences mentioned for breaches of the Act, but the penalties and conditions set forth are intended to ensure compliance with the requirements for child endowment.

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Social Security Law
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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.