Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT (No. 3) 1976 No. 111, 1976 - SECT 51

51. (1) Where a person who was, immediately before 25 November 1976, a
pensioner as defined by section 83A of the Social Services Act 1947 ceases to
be such a pensioner on that date by reason only that the person is, on that
date, a prescribed person within the meaning of section 83CA of that Act, Part
IVA of that Act continues, by force of this sub-section, to apply to and in
relation to the person as if the person were a pensioner as so defined until
the person ceases to be a prescribed person within the meaning of that section
or the annual rate of the person's income exceeds the annual rate of the
person's income on that date, whichever first occurs.

(2) Where a person who was, immediately before 25 November 1976, a person in
receipt of a service pension within the meaning of section 83B of the Social
Services Act 1947 ceases to be such a person on that date by reason only that
the person is, on that date, a prescribed person within the meaning of section
83CA of that Act, Part IVA of that Act continues, by force of this
sub-section, to apply to and in relation to that person as if the person were
a person in receipt of a service pension within the meaning of section 83B of
that Act until the person ceases to be a prescribed person within the meaning
of section 83CA of that Act or the annual rate of the person's income exceeds
the annual rate of the person's income on that date, whichever first occurs.

(3) Where a person who dies after 24 November 1976 and had, on or before that
date, lodged a claim for age or invalid pension under Part III, a pension
under Part IV, a benefit under Part IVAAA or a sheltered employment allowance
under Part VIIA of the Social Services Act 1947, or an allowance under the
Tuberculosis Act 1948, would, if the claim had been determined on that date,
have been on that date a pensioner as defined by section 83A, sub-section (1)
applies as if he had been on that date a pensioner as so defined.