SOCIAL SERVICES CONSOLIDATION.
No. 16 of 1949.
An Act to amend the Social Services Consolidation Act 1947–1948, and for other purposes.
[Assented to 29th June, 1949.]
BE it enacted by the King’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 Consolidation Act 1949.
(2.) The Social Services Consolidation Act 1947–1948 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 Consolidation Act 1947–1949.
Commencement.
2.—(1.) Except as provided by the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2.) Sections three and four of this Act shall come into operation on the first day of July, One thousand nine hundred and forty-nine.
Repeal and saving.
3.—(1.) The Invalid and Old-age Pensions (Reciprocity with New Zealand) Act 1943 is repealed.
(2.) A pension which was granted by virtue of the Act repealed by this section and was in force immediately prior to the commencement of this section shall, unless the agreement on social security made between the Commonwealth and New Zealand on the fifteenth day of April, One thousand nine hundred and forty-nine, provides for the continuance of that pension as a pension deemed to be granted by virtue of that agreement, continue in force, for so long as the Director-General is satisfied that the pensioner is residing temporarily in Australia, as if the Act repealed by this section, and the agreement executed in pursuance of that Act, had remained in force.
Savings.
4. Section four of the Principal Act is amended by omitting sub-section (3.).
Amount of wife’s allowance.
5. Section thirty-three of the Principal Act is amended by omitting from sub-section (1.) the words “Fifty-two pounds” and inserting in their stead the words “Sixty-two pounds eight shillings”.
Child’s allowance.
6. Section thirty-four of the Principal Act is amended by omitting from sub-section (6.) the words “Thirteen pounds” and inserting in their stead the words “Twenty-three pounds eight shillings”.
The Schedule.
7. The Schedule to the Principal Act is amended—
(a) by inserting before the words “(Employers’ Contributions)” the word “Insurance”; and
(b) by inserting before the words “(Employees’ Contributions)” the word “Insurance”.
Overview
The Social Services Consolidation Act 1949 was enacted by the Commonwealth Parliament to amend the Social Services Consolidation Act 1947–1948 and address certain legislative gaps in social security provisions. This Act repeals the Invalid and Old-age Pensions (Reciprocity with New Zealand) Act 1943 while ensuring that pensions granted under the repealed Act continue to be valid for those temporarily residing in Australia, pending the agreement made between Australia and New Zealand on April 15, 1949. Additionally, the Act increases the amount of wife’s allowance and child’s allowance under the Principal Act, reflecting the need to adjust benefits to better meet the living standards and needs of the beneficiaries. The amendments also include modifications to the Schedule, incorporating the term "Insurance" to clarify the contributions by employers and employees.
Scope and Application
The Social Services Consolidation Act 1949 applies to the consolidation and amendment of social services legislation in Australia, specifically modifying the Social Services Consolidation Act 1947–1948. The Act impacts individuals and entities that are recipients or providers of social services, including pensions, allowances, and contributions within the Commonwealth of Australia. The Act's provisions govern the administration and financial aspects of social services, including adjustments to pension amounts and allowances. It has a national jurisdictional reach, affecting all states and territories within Australia. The Act also repeals the Invalid and Old-age Pensions (Reciprocity with New Zealand) Act 1943, while ensuring that pensions granted under the repealed Act continue unless otherwise specified in the new agreement between Australia and New Zealand. The Act does not explicitly state exclusions or exemptions but rather operates under the specific conditions and amendments outlined within its provisions. The Act's application can be extended or further defined through subordinate instruments, such as regulations or rules made under the authority of the Act.
Key Provisions
The Social Services Consolidation Act 1949 amends the Social Services Consolidation Act 1947-1948, with specific sections coming into effect on 1 July 1949 (sections 2(1) and (2)). This Act primarily addresses the repeal of the Invalid and Old-age Pensions (Reciprocity with New Zealand) Act 1943 and modifies certain financial allowances. The repealed Act's pensions will continue for those temporarily residing in Australia if the new agreement between Australia and New Zealand does not explicitly discontinue them (section 3(2)). Additionally, the amount of a wife's allowance and a child's allowance are increased (sections 5 and 6).
The Act imposes several obligations on parties and entities it governs. For instance, it mandates that pensions under the repealed Act continue if the pensioner is residing temporarily in Australia, pending the new agreement's provisions (section 3(2)). It also requires the updated financial allowances for wife's and child's benefits to be applied as per the new amounts specified (sections 5 and 6). Furthermore, the Act necessitates amendments to the Schedule of the Principal Act, inserting the word "Insurance" before "Employers' Contributions" and "Employees' Contributions" (section 7).
There are no explicit offences, penalties, or civil/criminal consequences mentioned within the provided sections of the Act. However, failure to comply with the obligations and requirements set forth could potentially lead to legal challenges or disputes regarding the pension entitlements and the updated allowances. The text does not provide specific maximum penalties for breaches, but such non-compliance could result in legal action to enforce the provisions of the Act.