Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1978 No. 128, 1978 - SECT 23

23. (1) Section 94 of the Principal Act is amended-

(a) by omitting paragraph (b) of the definition of ''child'' in sub-section
(1);

(b) by omitting from sub-section (1) the definition of ''endowment'' and
substituting the following definition:

'' 'endowment' means an endowment under this Part, and includes a share in
such an endowment payable by virtue of a direction in force under section
99A;'';

   (c)  by omitting from sub-section (1) the definition of ''student child''
        and substituting the following definitions:

'' 'prescribed educational scheme' means any of the following schemes:

   (a)  the scheme known as the Tertiary Education Assistance Scheme;

   (b)  the scheme known as the Adult Secondary Education Assistance Scheme;

   (c)  the scheme known as the Pre-School Teacher Education Assistance
        Scheme;

   (d)  the scheme known as the Aboriginal Study Grants Scheme;

   (e)  the scheme known as the Commonwealth Teaching Service Scholarship
        Scheme;

   (f)  the scheme known as the Post-Graduate Awards Scheme;

'' 'student child' means a person to whom sub-section (2A) of this section
applies;'';

   (d)  by omitting from sub-sections (1B) and (1C) ''the definition of
        'child' in sub-section (1)'' and substituting ''sub-section (2A)'';
        and

   (e)  by omitting sub-section (2A) and substituting the following
        sub-section:

''(2A) Where a person who is wholly or substantially dependent on another
person-

   (a)  has attained the age of sixteen years but is under the age of
        twenty-five years;

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

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

   (d)  is not in receipt of an invalid pension under Part III,

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.''.

(2) Where an endowment is payable immediately before the commencement of this
section in respect of a child who is in receipt of an invalid pension under
Part III of the Social Services Act 1947, that endowment continues to be
payable after the commencement of this section notwithstanding the amendment
made by paragraph (1) (e).