Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1979 No. 121, 1979 - SECT 30

30. (1) After section 105K of the Principal Act the following section is
inserted: Temporary absences from home
''105KA. (1) Where-

   (a)  a child is, or has been, absent from his home; and

   (b)  the Director-General is satisfied that-

        (i)    where that absence has ceased-the period of the absence was of
               a temporary nature; or

        (ii)   in any other case-the period during which the child has been,
               and is expected to be, so absent is of a temporary nature,
               the Director-General may direct that the entitlement of a
               person to handicapped child's allowance in respect of that
               child for that period of absence is not to be affected by-

   (c)  the fact that the child was, or is, absent from his home;

   (d)  the fact that the child was not, or is not, receiving from the person
        concerned the required care and attention; and

   (e)  where during that absence the child has been, or is, an inmate of an
        institution to which endowment in respect of the child was, or is, or,
        but for section 95A or 95B, would have been, or would be, payable-the
        fact that the endowment was, or is, or would have been, or would be,
        so payable.

''(2) Sub-section (1) does not apply in relation to a period during which a
child is, or has been, an inmate of an institution if, by reason of his being,
or having been, such an inmate, a benefit is, or was, payable in relation to
the child in respect of that period under Part VA of the National Health Act
1953 or under Part VII of the Handicapped Persons Assistance Act 1974.

''(3) Where a direction under sub-section (1) relates to a child who was
absent from his home when the direction was given, the Director-General, by a
further direction, may, having regard to any change of circumstance or for any
other reason, revoke the direction as from the date specified in the further
direction.

''(4) Where a further direction under sub-section (3) is given having regard
to a change of circumstance, the date specified in the further direction may
be a date earlier than the date on which the further direction is given.''.

(2) Where a period of absence of a child from his home commenced before, and
ends after, the date of commencement of this section, the section set out in
sub-section (1) applies in relation to only so much of that period as is after
the commencement of this section.