Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1986 No. 33, 1986 - SECT 29

29. (1) Section 112A of the Principal Act is amended-
(a) by inserting in paragraph (a) of the definition of "prescribed period" in
sub-section (1) ", or would, but for section 114, have been payable," after

"payable";

   (b)  by omitting from sub-paragraph (b) (ii) of that definition "; or" and
        substituting "or (iv);";

   (c)  by inserting after sub-paragraph (b) (iii) of that definition the
        following word and sub-paragraph:

"; or (iv) an allowance by way of rent assistance in addition to an
unemployment benefit or a special benefit,";

   (d)  by omitting from paragraph (c) of that definition "6 months" (wherever
        occurring) and "paragraphs" and substituting "26 weeks" and
        "sub-paragraphs" respectively;

   (e)  by omitting from sub-section (3A) "and (3C)" and substituting ", (3C)
        and (3D)"; and

   (f)  by inserting after sub-section (3C) the following sub-section:

"(3D) Where-

   (a)  an allowance under this section would, but for this sub-section, be
        payable to a person who is living with the husband or wife of the
        person in their matrimonial home;

   (b)  the person is receiving, and the husband or wife of the person is not
        receiving, an unemployment benefit or a special benefit, or a
        rehabilitation allowance under Part VIII the amount of which is
        calculated by reference to an unemployment benefit; and

   (c)  there is payable to the husband or wife of the person an allowance of
        a kind referred to in paragraph (3C) (b),
an allowance under this section is not payable to the first-mentioned
person.".

(2) Section 112A of the Principal Act is amended by omitting sub-section (3D).

(3) Section 112A of the Principal Act is amended by inserting after
sub-section (3) the following sub-section:

"(3A) This section does not apply to a married person-

   (a)  who is receiving an unemployment benefit, or a special benefit the
        amount of which is calculated by reference to an unemployment benefit;

   (b)  whose spouse is living with the person in their home; and

   (c)  whose spouse is receiving a sickness benefit, or a special benefit the
        amount of which is calculated by reference to a sickness benefit.".