SOCIAL SERVICES CONSOLIDATION (No. 2).
No. 107 of 1952.
An Act to amend the Social Services Consolidation Act 1947-1951, as amended by the Social Services Consolidation Act 1952.
[Assented to 18th November, 1952.]
BE it enacted by the Queen’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 (No. 2) 1952.
(2.) Section one of the Social Services Consolidation Act 1952 is amended by omitting sub-section (3.).
(3.) The Social Services Consolidation Act 1947-1951*, as amended by the Social Services Consolidation Act 1952† and by this Act, may be cited as the Social Services Consolidation Act 1947-1952.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
3. After section one hundred and thirty-three a of the Social Services Consolidation Act 1947-1951, as amended by the Social Services Consolidation Act 1952, the following section is inserted in Division 8 of Part VII.:—
Deductions from benefits for payment of board and lodging.
“133b.—(1.) Where—
(a) a beneficiary;
(b) a person “who, under sub-section (2.) or (5.) of section one hundred and twelve of this Act, is taken into account for the purpose of determining the rate of benefit payable to a beneficiary; or
(c) a “beneficiary and such a person,
is or are, during a period in respect of which the beneficiary is qualified to receive a benefit, provided with board and lodging by the Commonwealth, by an authority constituted under a law of the Commonwealth or by Commonwealth Hostels Limited, the Director-General may deduct from the benefit payable to the beneficiary in respect of that period such amount, not exceeding the amount payable for that board and lodging during that period, as, having regard to all the circumstances of the case, the Director-General considers reasonable.
“(2.) The Director-General shall pay to the appropriate officer of the Commonwealth, to the authority or to Commonwealth Hostels limited, as the case may be, an amount equal to each amount which he deducts under the last preceding sub-section, and that payment shall be deemed to be a payment on account of the amount payable to the Commonwealth, to the authority or to Commonwealth Hostels Limited, as the case may be, for the board and lodging.”
Overview
The Social Services Consolidation Act (No. 2) 1952 was enacted to further amend the Social Services Consolidation Act 1947-1951, addressing gaps in the legislation and updating provisions as necessary. This Act was introduced by the Queen’s Most Excellent Majesty, through the Senate and the House of Representatives of the Commonwealth of Australia, with the objective of streamlining and consolidating social services laws. The policy objective of this Act is to ensure that the administration of social benefits is efficient and equitable, particularly in circumstances where beneficiaries are provided with board and lodging by the Commonwealth or related authorities. This Act provides mechanisms for the deduction of benefits to cover the cost of such provisions, ensuring that resources are used effectively while maintaining the welfare of beneficiaries.
Scope and Application
The Social Services Consolidation Act (No. 2) 1952 applies to beneficiaries under the Social Services Consolidation Act 1947-1952 and those who are taken into account for determining the rate of benefit payable to a beneficiary. This includes individuals and entities such as Commonwealth Hostels Limited, who provide board and lodging services to beneficiaries. The Act allows the Director-General to deduct from the benefits payable to beneficiaries an amount deemed reasonable for the provision of board and lodging by the Commonwealth, authorities constituted under Commonwealth law, or Commonwealth Hostels Limited. This deduction must be paid to the appropriate officer or entity providing the board and lodging, which is considered a payment on account of the amount payable for the board and lodging. The Act extends to the Commonwealth jurisdiction and its territories, with no specific exclusions or thresholds mentioned in the provided text, although application may be extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of the Social Services Consolidation Act (No. 2) 1952 pertain to deductions from social security benefits for payments of board and lodging. Specifically, Section 133b allows the Director-General to deduct from the benefit payable to a beneficiary the amount that is reasonable, not exceeding the amount payable for board and lodging during the period in question (subsection 133b(1)). The Director-General is also required to make payments to the appropriate Commonwealth officer, authority, or Commonwealth Hostels Limited, as the case may be, for the amount deducted from the beneficiary's benefit (subsection 133b(2)).
The Act imposes several obligations on the parties it governs. The Director-General must determine the reasonable amount to deduct from the social security benefit, considering all the circumstances of the case (subsection 133b(1)). The Director-General must also ensure that payments for the board and lodging are made to the appropriate party, which includes the Commonwealth, relevant authorities, or Commonwealth Hostels Limited (subsection 133b(2)). Beneficiaries and those who are taken into account for benefit rate determinations must comply with the provisions concerning the deduction of benefits for board and lodging.
The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the failure to comply with the deductions as determined by the Director-General could lead to administrative actions, including the recovery of overpaid benefits or other corrective measures. It is essential for beneficiaries and relevant authorities to adhere to the Act's requirements to avoid potential disputes or financial repercussions.