Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1979 No. 121, 1979 - SECT 36

36. Section 108 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-sections:

''(1) Subject to this Part, a person (not being a person in receipt of a
pension under Part III or IV, or an allowance under Part VIIA, or a service
pension under the Repatriation Act 1920) is qualified to receive a sickness
benefit in respect of a period (in this sub-section referred to as the
'relevant period') if, and only if-

   (a)  the person had attained the age of 16 years before the commencement of
        the relevant period and, being a man, had not attained the age of 65
        years, or, being a woman, had not attained the age of 60 years, before
        the end of the relevant period;

   (b)  the person resided in Australia throughout the relevant period and on
        the date on which he lodged his claim for benefit and-

        (i)    had resided in Australia for a period of not less than 12
               months immediately preceding that date; or

        (ii)   satisfies the Director-General that he is likely to remain
               permanently in Australia; and

   (c)  the person satisfies the Director-General that, through- out the
        relevant period, he was incapacitated for work by reason of sickness
        or accident (being an incapacity of a temporary nature) and that he
        has thereby suffered a loss of salary, wages or other income.

''(1A) Where, by reason of section 119, a sickness benefit is payable only
after the expiration of a particular period (in this sub-section referred to
as the 'waiting period'), then, for the purposes of the application of
sub-section (1) of this section in relation to a relevant period that
immediately followed the waiting period, that sub-section has effect as if-

   (a)  the reference to the commencement of the relevant period in paragraph
        (a) of that sub-section were a reference to the commencement of the
        waiting period; and

   (b)  the references to the relevant period in paragraphs (b) and (c) of
        that sub-section were references to the period constituted by the
        aggregate of the waiting period and the relevant period.

''(1B) A person is not qualified to receive a sickness benefit in respect of a
period of incapacity if the Director-General is satisfied that the incapacity
was brought about with a view to obtaining a sickness benefit.

''(1C) If the Director-General has determined in pursuance of section 132 that
an instalment of a sickness benefit in respect of a period is to be paid to a
person before the expiration of that period, the person is qualified to
receive that benefit in respect of that period if the person satisfies the
Director-General that the person may reasonably be expected to fulfil the
requirements of the preceding provisions of this section in respect of that
period.''; and

   (b)  by omitting from sub-section (2) ''the last preceding sub-section''
        and substituting ''sub-section (1)''.