Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1979 No. 121, 1979 - SECT 14

14. (1) Section 50 of the Principal Act is repealed and the following section
substituted: Inmates of benevolent homes
''50. (1) In this section-

'age pensioner' means a person who is in receipt of a pension that is, or
includes, an age pension;

'invalid pensioner' means a person who is in receipt of a pension that is, or
includes, an invalid pension;

'pensioner contribution' means an amount per annum equal to the product of 364
and an amount equal to the amount in force, from time to time, for the
purposes of sub-paragraph (iii) of paragraph (b) of sub-section (2) of section
47 of the National Health Act 1953, or, if that product is not a multiple of
$2.60, the next lower amount that is such a multiple;

'wife pensioner' means a person who is in receipt of a pension that is, or
includes, a wife's pension;

'wife's portion', in relation to a male pensioner who is a married person and
the maximum rate of whose pension is increased by reason of the operation of
sub-section (1B) or (1F) of section 28, means the amount per annum by which
the amount per annum of his pension is greater than the amount that, but for
the operation of those sub-sections, would be the amount per annum of his
pension.

''(2) If an inmate of a benevolent home becomes an age pensioner, an invalid
pensioner or a wife pensioner, or if an age pensioner, an invalid pensioner or
a wife pensioner becomes an inmate of a benevolent home, his pension shall, so
long as he remains an inmate of a benevolent home, be dealt with as follows:

   (a)  in the case of a male pensioner referred to in the definition of
        'wife's portion' in sub-section (1)-there shall be paid to his wife so
        much of his pension as does not exceed the wife's portion in relation
        to him;

   (b)  there shall be paid to the person controlling the benevolent home for
        the maintenance of the pensioner in the benevolent home so much of his
        pension, or so much of the remainder of his pension after deducting
        any wife's portion, as does not exceed the pensioner contribution in
        relation to him;

   (c)  the balance (if any) of his pension shall be paid to the pensioner.''.

(2) Subject to sub-section (4), where a pensioner was, immediately before the
commencement of this section, a pensioner to whom section 50 of the Principal
Act applied, that section continues to apply, after the commencement of this
section, in relation to that pensioner so long as that pensioner remains an
inmate of a benevolent home.

(3) For the purposes of section 50 of the Principal Act in its application in
relation to a pensioner by virtue of sub-section (2) of this section-

   (a)  the reference in sub-paragraph (1) (a) (i) of that section to the
        maximum rate of age pension specified in paragraph (a) of sub-section
        (1A) of section 28 shall be read as a reference to that maximum rate
        as in force on the date of commencement of this section;

   (b)  the reference in sub-paragraph (1) (a) (ii) of that section to the
        maximum rate of allowance specified in paragraph (d) of sub-section
        (3) of section 30A shall be read as a reference to that maximum rate
        as in force on the date of commencement of this section; and

   (c)  the reference in paragraph (1) (aa) of that section to sub-section
        (1B) or sub-section (1F) of section 28 shall be read as a reference to
        sub-section (1B) or sub-section (1F), as the case may be, of that
        section as in force from time to time.

(4) When the application, by virtue of sub-section (2) of this section, of
section 50 of the Principal Act in relation to a pensioner results in there
being payable to the person controlling the benevolent home for the
maintenance of the pensioner in the benevolent home an amount not less than
the pensioner contribution, within the meaning of section 50 of the Social
Services Act 1947, in relation to the pensioner, then-

   (a)  section 50 of the Social Services Act 1947 applies in relation to the
        pensioner; and

   (b)  section 50 of the Principal Act ceases to apply in relation to the
        pensioner.