Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT (No. 3) 1976 No. 111, 1976 - SECT 30

30. Section 83A of the Principal Act is amended-

(a) by omitting from sub-section (1) the definition of ''amendment alleviating
the operation of the means test''; and

(b) by omitting from sub-section (1) the definitions of ''deceased
pensioner'', ''deceased spouse'' and ''pensioner'' and substituting the
following definitions:-

'' 'deceased pensioner' means-

   (a)  a deceased person who was, at the time of his death, a pensioner;

   (b)  a deceased person who had, before his death, lodged a claim for, and
        would but for his death have been eligible to receive, an age or
        invalid pension under Part III, a pension under Part IV or a benefit
        under Part IVAAA, other than such a deceased person who was, at the
        time of his death, a prescribed person within the meaning of section
        83CA; or

   (c)  a deceased person who-

        (i)    had, before his death, lodged a claim for, and would but for
               his death have been eligible to receive, a sheltered employment
               allowance under Part VIIA or an allowance under the
               Tuberculosis Act 1948; and

        (ii)   would, if he had lodged a claim for a pension or benefit of the
               kind referred to in paragraph (b), have been eligible, but for
               his death, to receive that pension or benefit,

other than such a deceased person who was, at the time of his death, a
prescribed person within the meaning of section 83CA;

'' 'deceased spouse', in relation to a person, includes a deceased person who
was living with the first-mentioned person as his or her spouse on a bona fide
domestic basis, although not legally married to him or her, immediately before
the deceased person's death;

'' 'pensioner' means a person to whom or in respect of whom-

   (a)  there is being paid an age or invalid pension under Part III, a
        pension under Part IV or a benefit under Part IVAAA; or

   (b)  such a pension or benefit would be payable if the person were not a
        person in receipt of a training allowance under section 135D or a
        person to whom or in respect of whom there is being paid a sheltered
        employment allowance under Part VIIA or an allowance is payable under
        the Tuberculosis Act 1948,

other than such a person who is a prescribed person within the meaning of
section 83CA.''.