Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1981 No. 159, 1981 - SECT 19

19. Section 112A of the Principal Act is amended by omitting sub-sections (1)
to (3A) (inclusive) and substituting the following sub-sections:

''(1) In this section-

'married person' does not include a person (other than a dependent female or
the husband of a dependent female) who is living apart from the spouse of the
person-

        (i)    in pursuance of a separation agreement in writing or of a
               decree, judgment or order of a court; or

        (ii)   in such circumstances that the Director-General is satisfied
               that the separation is likely to be permanent;

'prescribed period', in relation to a person to whom a sickness benefit has
been payable for a continuous period of more than 6 weeks, means any part of
that period (not including that first 6 weeks) in respect of which the person
pays, or is liable to pay, rent at a weekly rate exceeding $10 but, in the
case of a person who has no dependants, does not include a period during which
the person is a patient, other than an out-patient, of a hospital, within the
meaning of the Health Insurance Act 1973.

''(2) For the purposes of this section in its application to a married person-

   (a)  any income of the wife or husband of the married person shall be
        deemed to be the income of the married person;

   (b)  where the married person is living with the husband or wife of the
        married person in their matrimonial home-any rent that the wife or
        husband of the married person pays, or is liable to pay, in respect of
        that matrimonial home shall be deemed to be paid, or payable, by the
        married person; and

   (c)  where the Director-General is satisfied that-

        (i)    the living expenses of the married person and the wife or
               husband of the married person are, or are likely to be, greater
               than they would otherwise be by reason that those persons are
               unable, as a result of the illness or infirmity of either or
               both of them, to live together in a matrimonial home; and

        (ii)   the inability is likely to continue indefinitely,

any rent that the wife or husband of the married person pays, or is liable to
pay, in respect of the premises or lodgings occupied by the married person
shall be deemed to be paid, or payable, by the married person.

''(3) Subject to this Part, there is payable to a person, in addition to his
sickness benefit, a supplementary allowance in respect of any period that is a
prescribed period in relation to him.

''(3A) Subject to sub-sections (3B) and (3C), the rate at which an allowance
under this section is payable to a person is an amount per week equal to-

   (a)  one-half of the amount by which the amount of the weekly rent paid, or
        payable, by that person exceeds $10; or

   (b)  $8, whichever is the lesser amount.

''(3B) The weekly rate at which an allowance is payable to a person under
sub-section (3A) shall be reduced by an amount equal to one-half of the amount
of the weekly rate of income of the person.

''(3C) Where-

   (a)  an allowance under this section is payable to a married person who is
        living with the husband or wife of the person in their matrimonial
        home; and

   (b)  there is payable to the husband or wife of the person-

        (i)    a supplementary allowance under this section;

        (ii)   an allowance under section 30A;

        (iii)  an allowance by way of supplementary assistance under section
               98A of the Repatriation Act 1920; or

        (iv)   an allowance under section 9 of the Tuberculosis Act 1948, the
               rate at which the allowance under this section is payable to
               the person shall be one-half of the rate at which it would be
               payable to the person but for this sub-section.''.