Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1983 No. 69, 1983 - SECT 7

7. (1) After Part II of the Principal Act the following Part is inserted:

                      ''PART IIA-REMOTE AREA ALLOWANCE


''17B. (1) In this Part, unless the contrary intention appears-

'allowance' means a remote area allowance under this Part;

'de facto spouse' means a person who is living with another person of the
opposite sex as the spouse of that other person on a bona fide domestic basis
although not legally married to that other person;

'married person' includes a de facto spouse but does not include-

   (a)  a legally married person (not being a de facto spouse) who is living
        apart from the spouse of the person on a permanent basis; or

   (b)  a person who, for any special reason in any particular case, the
        Director-General determines should not be treated as a married person;

'remote area' means those parts of Australia referred to in paragraphs 1 and 2
of Part I of Schedule 2 to the Income Tax Assessment Act  1936 ;

'spouse' includes a de facto spouse;

'unmarried person' means a person who is not a married person.

''(2) For the purposes of this Part, where a person whose usual place of
residence is situated in the remote area is absent from the remote area for a
period not exceeding 8 weeks, the person shall be taken to be physically
present in the remote area during that period.

''(3) Sub-section (2) does not apply to a person in respect of any period
during which the person is outside Australia. Persons eligible for remote area
allowance

''17C. (1) Subject to sub-section (2), a person who-

   (a)  is in receipt of a pension, benefit or allowance under Part III, IV,
        IVAAA, VII or VIIA or a rehabilitation allowance under Part VIII; and

   (b)  is physically present in, and whose usual place of residence is
        situated in, the remote area,
is eligible to receive a remote area allowance.

''(2) A person to whom sub-section 28 (2AB) or (2AC) applies is not eligible
to receive an allowance. Rate of remote area allowance

''17D. (1) Subject to this section, the rate of an allowance is-

   (a)  in the case of an unmarried person or a married person whose spouse is
        not eligible to receive an allowance under this Part, an allowance
        under section 98AA of the Repatriation Act 1920 or an allowance under
        the Tuberculosis Act 1948 the rate of which is determined having
        regard to residence in the remote area-$14 per fortnight; or

   (b)  in any other case-$12 per fortnight.

''(2) For the purposes of sub-section (1), a person-

   (a)  in relation to whom a direction under sub-section 28 (1AAA) or 32 (1A)
        is in force;

   (b)  who is in receipt of a benefit under Part IVAAA by reason of the
        person being a person referred to in paragraph (b) of the definition
        of 'married person' in sub-section 83AAA (1); or

   (c)  who is the spouse of a person referred to in paragraph (a) or (b),
shall be taken to be an unmarried person.

''(3) Where-

   (a)  a person is in receipt of a benefit under Part VII and the rate of
        that benefit is increased under sub-section 112 (2) or (4A) or a
        person is in receipt of a rehabilitation allowance under Part VIII the
        rate of which is increased by reference to sub-section 112 (2) or
        (4A); and

   (b)  the person in respect of whom the rate of that benefit or allowance is
        so increased is physically present in the remote area and the usual
        place of residence of that person is situated in the remote area,
the rate of allowance applicable to the first-mentioned person is such amount,
exceeding $12 per fortnight but not exceeding $24 per fortnight, as the
Director-General determines in writing.

''(4) Where-

   (a)  a person is in receipt of an allowance under Part VIIA or a
        rehabilitation allowance under Part VIII;

   (b)  the amount of that allowance is calculated having regard to an amount
        of a wife's pension under Part III; and

   (c)  the spouse of the person is physically present in the remote area and
        the usual place of residence of the spouse is situated in the remote
        area,
the rate of allowance applicable to the person is $24 per fortnight.

''(5) Subject to sub-sections (6) and (7), where the rate of a pension,
benefit or allowance payable to a person (in this sub-section referred to as
the 'relevant person') who is eligible to receive an allowance or the rate of
a pension, benefit or allowance payable to the spouse of the relevant person
is increased by reference to sub-section 28 (1B), 63 (1A) or 112 (5) in
respect of another person or other persons, the rate of allowance applicable
to the relevant person shall be increased by $7 per fortnight in respect of
that other person or each of those other persons, as the case may be.

''(6) An increase under sub-section (5) is not payable to a person in respect
of another person unless that other person is physically present in the remote
area and the usual place of residence of that other person is situated in the
remote area.

''(7) Where, but for this sub-section, an increase under sub-section (5) would
be payable to 2 persons in respect of the same person, the increase is payable
only-

   (a)  in a case where the rate of a pension, benefit or allowance payable to
        one only of those persons is increased by reference to sub-section 28
        (1B), 63 (1A) or 112 (5)-to that person; or

   (b)  in any other case-to the person to whom the Director-General directs
        that the increase should be paid.

''(8) Where the Director-General gives a direction under paragraph (7) (b), he
shall, by notice in writing, inform each of the persons affected by the
direction accordingly.

''(9) For the purposes of this section, the rate of a pension shall be taken
to be increased by reference to sub-section 28 (1B) if the rate of the pension
would, but for sub-section 28 (1EA), have been so increased. Payment of remote
area allowance

''17E. (1) An allowance is payable at such times as the Director-General
determines.

''(2) Where-

   (a)  a person who is in receipt of a benefit under Part VII is eligible to
        receive an allowance; and

   (b)  an instalment of that benefit is calculated, in accordance with
        sub-section 132 (3), at one-fifth of the weekly rate of the benefit
        for each day in a period,
an allowance is payable to the person in respect of that period at the rate of
10% of the fortnightly rate of the allowance for each day, not being a
Saturday or Sunday, in that period.''.

(2) A person is not eligible to receive a remote area allowance under Part IIA
of the Social Security Act 1947 before 1 May 1984.