Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1979 No. 121, 1979 - SECT 16

16. (1) Section 80 of the Principal Act is repealed and the following section
substituted: Inmates of benevolent homes
''80. (1) In this section, '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.

''(2) If an inmate of a benevolent home, being a class B widow, becomes a
pensioner or if a pensioner, being a class B widow, becomes an inmate of a
benevolent home, her pension shall, so long as she remains an inmate of a
benevolent home, be dealt with as follows:

   (a)  there shall be paid to the person controlling the benevolent home for
        the maintenance of the pensioner in the benevolent home so much of her
        pension as does not exceed the pensioner contribution in relation to
        her;

   (b)  the balance (if any) of her 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 80 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 80 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; and

   (b)  the reference in sub-paragraph (1) (a) (ii) of that section to the
        rate of the allowance specified in paragraph (a) of sub-section (2A)
        of section 65A shall be read as a reference to that rate as in force
        on the date of commencement of this section.

(4) When the application, by virtue of sub-section (2) of this section, of
section 80 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 80 of the Social
Services Act 1947, in relation to the pensioner, then-

   (a)  section 80 of the Social Services Act 1947 applies in relation to the
        pensioner; and

   (b)  section 80 of the Principal Act ceases to apply in relation to the
        pensioner.