Social Services Consolidation Act 1950

Legislation au C1950A00006 Not in force Act

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SOCIAL SERVICES CONSOLIDATION.

 

No. 6 of 1950.

An Act to amend the provisions of the Social Services Consolidation Act 1947–1949 relating to Child Endowment.

[Assented to 28th June, 1950.]

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 1950.

(2.) The Social Services Consolidation Act 1947–1949 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 1947–1950.

Commencement.

2. This Act shall be deemed to have come into operation on the nineteenth day of June, One thousand nine hundred and fifty.

3.—(1.) Section ninety-five of the Principal Act is repealed and the following section inserted in its stead:—

Child endowment.

“95.—(1.) Subject to this Part, a person who has the custody, care and control of one or more children, and an institution of which children are inmates, shall be qualified to receive an endowment in respect of each such child in accordance with this section.

“(2.) In the case of an endowee other than an institution, the rate of an endowment shall be—

(a) where the endowee has the custody, care and control of one child only—Five shillings per week; and

(b) where the endowee has the custody, care and control of two or more children—in respect of the elder or eldest child, Five shillings per week and, in respect of each other child, Ten shillings per week.

“(3.) In the case of an endowee being an institution, the rate of the endowment in respect of each child who is an inmate of the institution shall be Ten shillings per week.


“(4.) An endowment shall not be granted in respect of a child whose father is (or being dead, was at the date of his death) an alien unless—

(a) the child was born in Australia;

(b) the mother of the child is a’ British subject; or

(c) the Director-General is satisfied that the child is likely to remain permanently in Australia.

“(5.) Where, by reason of divorce, separation, death of a parent or otherwise, any children who would otherwise be living together as one family or as part of one family are not so living together, endowment may, in the discretion of the Director-General, in respect of each of those children who is in the custody, care and control of a person who has the custody, care and control of no other children, be paid at the rate which would be payable if those children were living together as one family or as part of one family.

“(6.) Where an institution supervises and assists children one or both of whose parents are aboriginal natives of Australia, but the children are not inmates of the institution, endowment may be paid to the institution at the rate of Ten shillings per week per child based upon the average number per week of such children supervised and assisted during each endowment period.”.

(2.) An endowment in force under the Principal Act immediately prior to the commencement of this Act shall, subject to the Principal Act as amended by this Act, continue in force.

Endowment periods.

4. Section one hundred and one of the Principal Act is amended by omitting the words “as prescribed” and inserting in their stead the words “as determined by the Director-General”.

Date from which endowment payable.

5. Section one hundred and two of the Principal Act is amended—

(a) by omitting from paragraph (a) of sub-section (1.) the word “three” and inserting in its stead the word “six”;

(b) by omitting from sub-section (2.) the words “or a child who was taken into account in the grant of endowment to another person”;

(c) by omitting from sub-section (2.) the word “three” and inserting in its stead the word “six”; and

(d) by omitting from sub-section (3.) the words “one month” and inserting in their stead the words “three months”.

Endowment to cease in certain circumstances.

6. Section one hundred and three of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(3.) Where, in the case of an endowee (other than an institution) who has been granted endowment in respect of more than one child, the endowment (being at the rate of Five shillings per week) in respect of the elder or eldest of the children in respect of whom endowment is payable ceases, by virtue of this section, to be payable, the rate of the endowment payable in respect of the other child, or the next eldest child, as the case may be, shall thereupon become Five shillings per week.”.


7. After section one hundred and three of the Principal Act the following sections are inserted:—

Adjustment of rates in certain circumstances.

“103a. Where an endowee (other than an institution) who is in receipt of endowment in respect of a child at the rate of Five shillings per week assumes the custody, care and control of another child who is older than the first-mentioned child, and is granted endowment in respect of that other child, the rate of the endowment payable in respect of that first-mentioned child shall, as from the date from which the endowment in respect of that other child becomes payable, be Ten shillings per week.

Where child other than eldest child not eligible for endowment.

“103b. Where a person has the custody, care and control of more than one child, and one or more of those children, other than the elder or eldest child, is a child in respect of whom endowment may not be granted, the Director-General may, if he thinks fit, authorize the payment of endowment in respect of the elder or eldest child at the rate of Ten shillings per week.”.

Payment of endowment during temporary absence from Australia.

8. Section one hundred and four of the Principal Act is amended by omitting from sub-section (1.) the words “more than one child” and inserting in their stead the words “one or more children”.

Further endowment may be granted without claim.

9. Where a person (other than an institution) is an endowee at the date of commencement of this Act, an endowment in respect of the elder or eldest of the children of whom the endowee has the custody, care and control at that date may, without the lodging of a claim therefor, be granted in accordance with Part VI. of the Principal Act as amended by this Act, as if the endowee had duly made and lodged a claim for that endowment on that date.

 

Overview

The Social Services Consolidation Act 1950 was enacted to amend the provisions of the Social Services Consolidation Act 1947–1949 relating specifically to Child Endowment. This legislation was introduced to address issues surrounding the payment and eligibility criteria for child endowments, thereby ensuring that the social security system effectively supports families with children. Enacted by the Commonwealth Parliament, the policy objective behind this Act was to enhance the welfare support for children by refining the eligibility criteria and adjusting the rates of child endowment. This Act also aimed to ensure that the administration of child endowments is more flexible and responsive to the changing circumstances of families, such as the temporary absence of a parent from Australia or the assumption of custody of additional children.

Scope and Application

The Social Services Consolidation Act 1950, as amended, applies to individuals and institutions responsible for the custody, care, and control of children in Australia. This legislation governs the payment of child endowment, which is a form of financial support for families raising children. The Act is applicable across the Commonwealth of Australia and applies to both natural persons and institutions. It specifically excludes children whose fathers are aliens unless certain conditions are met, such as the child being born in Australia or the mother being a British subject. The Act's provisions can be extended or restricted through subordinate instruments issued by the Director-General, who has the authority to determine various aspects of the endowment, such as rates and payment periods. This includes the discretion to adjust rates in specific circumstances, such as when a person assumes custody of an older child or when a child is ineligible for the endowment. The Act also provides for the continuation of existing endowments under the Principal Act, subject to the amendments introduced by this legislation.

Key Provisions

The Social Services Consolidation Act 1950 (Act) amends the Social Services Consolidation Act 1947–1949 (Principal Act) concerning Child Endowment, coming into operation on 19 June 1950. Section 95 introduces new provisions for child endowment, establishing eligibility for endowment for individuals and institutions responsible for children. Endowment rates are set at five shillings per week for one child and a combination of five and ten shillings per week for two or more children for non-institutional endowees, while institutional endowees receive ten shillings per week per child. Special provisions apply for children whose fathers are aliens, children separated from their families due to divorce or death, and children under the supervision of institutions assisting Aboriginal parents. Sections 103A and 103B provide for adjustments to the endowment rate when a new child is added to the family, and under certain conditions, the eldest child may receive the higher rate of ten shillings per week. The Act imposes obligations on endowees, requiring them to meet the eligibility criteria and ensure accurate reporting of their circumstances. The Director-General is tasked with determining the date from which endowment is payable (Section 101) and has discretion in certain circumstances, such as when children are not living together as a family or when institutions assist children with Aboriginal parents (Section 95). Additionally, the Director-General can adjust endowment rates based on changes in family composition (Sections 103A and 103B). The Act includes provisions for the cessation of endowment under certain conditions. For instance, if the elder child in a family ceases to be eligible for endowment, the rate for the next eldest child may be adjusted (Section 103). Furthermore, endowment may be withheld from children whose fathers are aliens unless specific criteria are met (Section 95(4)). Non-compliance with these requirements or failure to report changes in family circumstances accurately may result in the cessation of entitlement to child endowment.

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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.