Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT (No. 3) 1976 No. 111, 1976 - SECT 32

32. After section 83C of the Principal Act the following section is inserted:-
Prescribed person.
''83CA. (1) For the purposes of sections 83A and 83B, a reference to a
prescribed person shall be read as a reference to a person (other than a
person who is permanently blind) whose annual rate of income equals or exceeds
the prescribed rate of income applicable to him.

''(2) For the purposes of this section but subject to sub-sections (3) and
(4), the prescribed rate of income applicable to a person is-

   (a)  in the case of an unmarried person to whom, or in respect of whom, a
        sheltered employment allowance is payable under Part VIIA-$2912 per
        annum;

   (b)  in the case of a married person to whom, or in respect of whom, such
        an allowance is payable-$1599 per annum;

   (c)  in the case of any other unmarried person-$1716 per annum; or

   (d)  in the case of any other married person-$1495 per annum.

''(3) Where a person has the custody, care and control of a child or children,
the prescribed rate of income applicable to the person by virtue of
sub-section (2) shall be increased-

   (a)  if the person is unmarried-by $572 per annum; or

   (b)  if the person is married-by $416 per annum, in respect of each child.

''(4) Where an unmarried person has the custody, care and control of a child
or children, the prescribed rate of income applicable to the person by virtue
of sub-sections (2) and (3) shall be further increased-

   (a)  if that child or at least 1 of those children, as the case may be, is-

        (i)    under the age of 6 years; or

        (ii)   an invalid who, in the opinion of the Director-General,
               requires full-time care and attention,

by $312 per annum; or

   (b)  in any other case-by $208 per annum.

''(5) For the purposes of this section, the income of a husband or wife shall
unless-

   (a)  they are living apart in pursuance of a separation agreement in
        writing or of a decree, judgment or order of a court; or

   (b)  for any special reason in any particular case, the Director-General
        otherwise determines, be deemed to be half the total income of both.

''(6) In this section-

'child' in relation to a person, means-

   (a)  a person who-

        (i)    is under the age of 16 years; and

        (ii)   is in the custody, care and control of the first-mentioned
               person; or

   (b)  a person who-

        (i)    has attained the age of 16 years;

        (ii)   is receiving full-time education at a school, college or
               university;

        (iii)  is not in receipt of an invalid pension under Part III; and

        (iv)   is wholly or substantially dependent on the first-mentioned
               person;

'income' means-

   (a)  in relation to a person other than a service pensioner-income within
        the meaning of Part III of this Act; or

   (b)  in relation to a service pensioner-income within the meaning of
        Division 5 of Part III of the Repatriation Act 1920;

'married person' means a person in relation to whose income sub-section (5)
applies;

'unmarried person' means a person who is not a married person, and includes a
widower or widow and a person whose marriage has been dissolved but has not
remarried;

'wife' includes a woman who is living with a man (in this section referred to
as her husband) as his wife on a permanent and bona fide domestic basis,
although not legally married to him, immediately preceding the operation of
this section in relation to that woman or man.''.