Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION (BUDGET MEASURES AND ASSETS TEST) ACT 1984 No. 93, 1984 - SECT 54

54. Section 83 of the Principal Act is amended-
(a) by omitting from sub-section (1) the definitions of "income" and

"married person" and substituting the following definitions:



" 'income' has the same meaning as in section 6 of the Social Security Act
1947, but does not include a payment under this Division;
'married person' has the same meaning as in section 6 of the Social Security
Act 1947;";

   (b)  by omitting sub-section (3) and substituting the following
        sub-sections:



"(2) Sub-sections 6 (3) and (4) and sections 6AA, 6AB, 6AC, 6AD, 6AE and 6AF
of the Social Security Act 1947 apply in relation to service pensions under
this Division.



"(3) In the application of a provision of the Social Security Act 1947
for the purposes of this Division-

   (a)  a power or function conferred by that provision on the
        Director-General shall be deemed to have been conferred by this Act on
        the Commission;

   (b)  a reference in that provision (not being sub-section 6AC (10), (11) or
        (13) of that Act) to a pension, benefit or allowance under that Act
        shall be read as a reference to a service pension under this Division;

   (c)  a reference in that provision (not being sub-section 6AC (10) or (11)
        of that Act) to section 83CA of that Act shall be read as a reference
        to section 123AB of this Act;

   (d)  a reference in sub-section 6AB (2) of that Act to the age of 65 years
        or the age of 60 years shall be read as a reference to the age of 60
        years or the age of 55 years, as the case may be;

   (e)  a reference in sub-section 6AB (2) of that Act to the Department shall
        be read as a reference to the Department of Veterans' Affairs;

   (f)  a reference in sub-section 6AC (9) of that Act to the time when a
        person or a person's spouse became, or when a person could reasonably
        have expected the person or the person's spouse to become, qualified
        or eligible to receive a pension, benefit or allowance shall be read
        as a reference to the time when a service pension was granted to the
        person or the person's spouse or the time when the person could
        reasonably have expected a service pension to be granted to the person
        or the person's spouse, as the case may be;

   (g)  a reference in that provision to a child under the age of 16 years of
        whom a person has the custody, care and control shall, in relation to
        a member of the Forces, be read as a reference to a child of that
        member; and

   (h)  a reference in that provision to a direction in force under
        sub-section 28 (1AAA) or 32 (1A) of that Act shall be read as a
        reference to a determination in force under sub-section 84 (2) or 85
        (1AA), as the case may be, of this Act.



"(4) Sub-section 28 (1C) of the Social Security Act 1947 does not apply for
the purposes of this Division.".