Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT (No. 3) 1976 No. 111, 1976 - SECT 50

50. (1) A pension in force immediately prior to 25 November 1976 shall not be
liable to reduction or cancellation as on and from that date by reason only of
the amendments made by the following provisions of this Act, namely, sections
3, 4, 9, 10, 11, 18, 19, 21, 22, 23 and 49 and paragraphs 7 (a), (d), (e),
(f), (g) and (h).

(2) A pension that, but for sub-section (1), would have been cancelled or
reduced in rate as on and from 25 November 1976 shall not be increased to a
rate higher than the rate at which it was payable on 24 November or, if that
rate has been reduced under sub-section (3), higher than the rate to which it
has been so reduced or last so reduced, as the case may be, unless and until
the time at which the pensioner would have been entitled to a pension at a
rate higher than that rate if he were applying for a new pension and, as of
that time, the rate of his pension shall be increased to that higher rate and
this section ceases to apply to him.

(3) Subject to sub-section (2), a pension to which that sub-section applies is
subject to adjustment by reason of each change in income of the pensioner
after 25 November 1976 to the same extent as it would be adjusted if,
immediately before the change, the pensioner was, having regard to the annual
rate of his income, entitled, under the Social Services Act 1947, to be paid a
pension at the rate at which the pension was being paid to him.
(4) In this section, ''pension'' means an age pension, an invalid pension, a
wife's pension, a widow's pension, a supporting mother's benefit or an
allowance by way of supplementary assistance payable under section 30A or 65A
of the Social Services Act 1947.