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SOCIAL SECURITY (REWRITE) TRANSITION ACT 1991 No. 70, 1991 - SCHEDULE 1
SCHEDULE 1 Section 4
NEW SCHEDULE 1A TO THE SOCIAL SECURITY ACT 1991
SCHEDULE 1A
SAVINGS AND TRANSITIONAL PROVISIONS
PART 1 - GENERAL Correspondence of pensions, benefits and allowances
1. (1) For the purposes of this Schedule, a pension, benefit or allowance
under this Act and a pension, benefit or allowance under the 1947 Act that
have the same name correspond to each other.
(2) For the purposes of this Schedule:
(a) a wife's pension under the 1947 Act and a wife pension under this Act
correspond to each other; and
(b) a carer's pension under the 1947 Act and a carer pension under this
Act correspond to each other; and
(c) a sole parent's pension under the 1947 Act and a sole parent pension
under this Act correspond to each other; and
(d) a widowed person's allowance under the 1947 Act and a widowed person
allowance under this Act correspond to each other; and
(e) a class B widow's pension under the 1947 Act and a widow B pension
under this Act correspond to each other; and
(f) an age pension under the 1947 Act payable because of section 26 of
that Act and a special needs age pension under this Act correspond to
each other; and
(g) an invalid pension under the 1947 Act payable because of section 29 of
that Act and a special needs invalid pension under this Act correspond
to each other; and
(h) a wife's pension under the 1947 Act payable because of subsection 37
(2) of that Act and a special needs wife pension under this Act
correspond to each other; and
(i) a sole parent's pension under the 1947 Act payable because of
subsection 46 (1) of that Act and a special needs sole parent pension
under this Act correspond to each other; and
(j) a class B widow's pension under the 1947 Act payable because of
subclause 4 (1) of Schedule 1B to that Act and a special needs widow B
pension under this Act correspond to each other. Correspondence of
provisions
2. (1) If one provision of the 1947 Act and one provision of this Act have the
same legal effect, the 2 provisions correspond to each other.
(2) If:
(a) one provision of the 1947 Act has a particular legal effect in
relation to a number of payment types; and
(b) a provision of this Act has that legal effect in relation to only one
of those payment types; the provisions correspond to each other for
the purposes of applying this Schedule to that payment type.
(3) In this clause: "legal effect" includes conferring the power to issue an
instrument; "payment type" means a pension, benefit or allowance.
PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS APPLICABLE ON THE
TRANSITION FROM THE 1947 ACT TO THIS ACT
Division 1 - Savings Saving of pensions, benefits and allowances
3. (1) If a determination granting a claim for a pension, benefit or allowance
under the 1947 Act is in force immediately before 1 July 1991, the
determination has effect, from 1 July 1991, as if it were a determination
under this Act granting a claim for the corresponding pension, benefit or
allowance under this Act. Note: for the statutory authority for the
determination under the 1947 Act see subsection 168 (3) of that Act.
(2) If a determination directing the making of a payment of a pension, benefit
or allowance under the 1947 Act is in force immediately before 1 July 1991,
the determination has effect, from 1 July 1991, as if it were a determination
under this Act directing the making of a payment of the corresponding pension,
benefit or allowance under this Act. Note: for the statutory authority for the
determination under the 1947 Act see subsection 168 (3) of that Act.
(3) If a determination of the rate of a pension, benefit or allowance under
the 1947 Act is in force immediately before 1 July 1991, the determination has
effect, from 1 July 1991, as if it were a determination under this Act of the
rate of the corresponding pension, benefit or allowance under this Act. Note:
for the statutory authority for the determination under the 1947 Act see
subsections 168 (1) and (3) of that Act.
(4) This clause's principal effect is to allow the continued payment of
pensions, benefits and allowances granted under the 1947 Act without the need
for a new claim by the recipient. Instruments in force under the 1947 Act on
30 June 1991
4. (1) An instrument that was in force under a provision of the 1947 Act
immediately before 1 July 1991 has effect, from 1 July 1991, as if it were an
instrument made under the corresponding provision of this Act.
(2) Without limiting subclause (1), the instrument may be:
(a) a determination; or
(b) a direction; or
(c) an approval; or
(d) a notice; or
(e) a declaration; or
(f) an authorisation.
(3) Subclause (1) does not apply to:
(a) a determination to which clause 3 applies; or
(b) a delegation under section 14 or 231 of the 1947 Act.
(4) If an instrument to which subclause (1) applies was, when made, to have
effect only for a limited period, the instrument has effect under subsection
(1) only for so much of the period as had not already expired before 1 July
1991. Saving of claims for pensions, benefits, allowances etc.
5. (1) If:
(a) a person has lodged a claim for a pension, benefit or allowance under
the 1947 Act before 1 July 1991; and
(b) the claim has not been determined before 1 July 1991; the claim has
effect from 1 July 1991 as if it were a claim for a corresponding
pension, benefit or allowance under this Act.
(2) If:
(a) a person has lodged a claim for an employment entry payment under the
1947 Act before 1 July 1991; and
(b) the claim has not been determined before 1 July 1991; the claim has
effect from 1 July 1991 as if it were a claim for an employment entry
payment under this Act.
(3) If:
(a) subclause (1) applies to a claim; and
(b) the claim is granted under this Act; the determination granting the
claim may have a date of effect before 1 July 1991.
(4) If:
(a) subclause (1) applies to a claim; and
(b) the claim is granted under this Act; and
(c) the determination granting the claim has a date of effect before 1
July 1991; the payment of instalments during the period that starts on
the date of effect of the determination and ends on 30 June 1991 is to
be made under this Act and the person making the claim has no rights
under the 1947 Act arising from the claim. Application to participate
in the pensions loan scheme
6. (1) If:
(a) a person has made a request under subsection 5 (2) of the 1947 Act
before 1 July 1991; and
(b) the request has not been determined before 1 July 1991; the request
has effect from 1 July 1991 as if it had been made under subsection
1136 (1) of this Act.
(2) If:
(a) subclause (1) applies to a request; and
(b) the request is granted under this Act; the 1947 Act has effect, for
the period that starts on the day on which the request was made and
ends on 30 June 1991, as if the request had been granted under the
1947 Act. Application to take advantage of hardship rules - pensions
7. (1) If:
(a) a person who was receiving a social security pension made a request
under subsection 7 (1) of the 1947 Act before 1 July 1991; and
(b) the request was not determined before 1 July 1991; the request has
effect, from 1 July 1991, as if it had been made under subsection 1129
(1) of this Act.
(2) A decision in response to the request will have a date of effect before 1
July 1991 (see subsection 1129 (2) of this Act).
(3) If:
(a) subclause (1) applies to a request; and
(b) the request is granted under this Act; and
(c) the date of effect of the decision to grant the request is before 1
July 1991; the 1947 Act has effect, for the period that starts on the
date of effect of the decision and ends on 30 June 1991, as if the
decision had been made under the 1947 Act. Application to take
advantage of hardship rules - benefits
8. (1) If:
(a) a person who was receiving a social security benefit has made a
request under subsection 7 (1) of the 1947 Act before 1 July 1991; and
(b) the request has not been determined before 1 July 1991; the request
has effect, from 1 July 1991, as if it had been made under subsection
1131 (1) of this Act.
(2) A decision in response to the request will have a date of effect before 1
July 1991 (see subsection 1131 (3) of this Act).
(3) If:
(a) subclause (1) applies to a request; and
(b) the request is granted under this Act; and
(c) the date of effect of the decision to grant the request is before 1
July 1991; the 1947 Act has effect, for the period that starts on the
date of effect of the decision and ends on 30 June 1991, as if the
decision had been made under the 1947 Act. Application for
determination of rate of return on market-linked investment
9. (1) If:
(a) a person made an application under subsection 12F (2) of the 1947 Act
before 1 July 1991; and
(b) the application was not determined before 1 July 1991; the application
has effect as if it had been made under subsection 1089 (1) of this
Act.
(2) The date of effect of the decision in response to the application will be
the date on which the application was received by the Secretary (see
subsection 1091 (1) of this Act).
(3) If:
(a) subclause (1) applies to an application; and
(b) the application is granted under this Act; the 1947 Act has effect,
for the period that starts on the date on which the application was
received by the Secretary and ends on 30 June 1991, as if the decision
had been made under section 12F of the 1947 Act. Application for
amount owing at recipient's death
10. If:
(a) a person made an application under subsection 161(4) of the 1947 Act;
and
(b) the application was not determined before 1 July 1991; the application
has effect, from 1 July 1991, as if it had been made under the
corresponding provision of this Act and:
(c) this Act has effect as if the amount in respect of which the
application was made were an amount payable under this Act; and
(d) the application has no effect for the purposes of the 1947 Act. Power
to obtain information about payments and debts under the 1947 Act
11. (1) If a provision of this Act gives the Secretary power to request a
person to give information or produce a document relevant to a pension,
benefit or allowance under this Act, the power extends to requesting a person
to give information or produce a document relevant to the corresponding
pension, benefit or allowance under the 1947 Act.
(2) If a provision of this Act gives the Secretary power to request a person
to give information or produce a document relevant to a debt owed under or as
a result of this Act, the power extends to requesting a person to give
information or produce a document relevant to a debt owed under or as a result
of the 1947 Act.
Division 2 - Review of decisions Unfinalised reviews of decisions - internal
review
12. (1) If:
(a) a person made an application under subsection 173 (1) of the 1947 Act
before 1 July 1991; and
(b) the application was not determined before 1 July 1991; the application
has effect, from 1 July 1991, as if it were an application under
subsection 1240 (1) of this Act.
(2) The date of effect of the decision made in response to the application may
be before 1 July 1991.
(3) If:
(a) subclause (1) applies to an application; and
(b) the date of effect of the decision made in response to the application
is before 1 July 1991; the decision has effect, for the period that
starts on the date of effect of the decision and ends on 30 June 1991,
as if it were a decision under section 174 of the 1947 Act.
Unfinalised reviews of decisions - SSAT review
13. (1) If:
(a) a person made an application under subsection 177 (1) of the 1947 Act
before 1 July 1991; and
(b) the application was not determined before 1 July 1991; the application
has effect, from 1 July 1991, as if it were an application under
subsection 1247 (1) of this Act.
(2) The date of effect of a decision made in response to the application may
be before 1 July 1991.
(3) If:
(a) subclause (1) applies to an application; and
(b) the date of effect of the decision made in response to the application
is before 1 July 1991; the decision has effect, for the period that
starts on the date of effect of the decision and ends on 30 June 1991,
as if it were a decision under section 182 of the 1947 Act.
Application to be joined as a party to SSAT review
14. If:
(a) a person made an application under subsection 181 (2) of the 1947 Act;
and
(b) the application was not determined before 1 July 1991; the application
has effect, from 1 July 1991, as if it were an application under
subsection 1260 (2) of this Act. Unfinalised reviews of decisions -
review by AAT
15. (1) If:
(a) a person made an application under subsection 205 (1) of the 1947 Act
before 1 July 1991; and
(b) the application was not determined before 1 July 1991; the application
has effect, from 1 July 1991, as if it were an application under
subsection 1283 (1) of this Act.
(2) The date of effect of the decision made in response to the application may
be before 1 July 1991.
(3) If:
(a) subclause (1) applies to an application; and
(b) the date of effect of the decision made in response to the application
is before 1 July 1991; the decision has effect, for the period that
starts on the date of effect of the decision and ends on 30 June 1991,
as if it were a decision made under Division 4 of Part XIX of the 1947
Act.
Division 3 - Social Security Appeals Tribunal Appointment of members
16. (1) An appointment of a person as:
(a) National Convener of the Social Security Appeals Tribunal; or
(b) a senior member of the Social Security Appeals Tribunal; that was in
force immediately before 1 July 1991 has effect after 1 July 1991 as
if it had been made under subsection 1324 (1) of this Act.
(2) An appointment of a person as an ordinary member of the Social Security
Appeals Tribunal that was in force immediately before 1 July 1991 has effect,
from 1 July 1991, as if it had been made under subsection 1324 (2) of this
Act.
(3) An appointment that has effect under subclause (1) or (2) has effect under
that subsection for the remainder of the term of appointment unexpired as at
30 June 1991. Acting appointments
17. An acting appointment under section 220 of the 1947 Act that was in force
immediately before 1 July 1991 has effect, from 1 July 1991, as if it had been
made under section 1326 of this Act. Leave of absence
18. Leave of absence granted under section 225 of the 1947 Act has effect for
the purposes of this Act as if it had been granted under section 1331 of this
Act. Approval to engage in outside employment
19. An approval given under section 226 of the 1947 Act has effect for the
purposes of this Act as if it had been granted under section 1332 of this Act.
Division 4 - Continuation of earlier savings provisions Papua New Guinea
pensions (changes introduced in 1973 and 1975)
20. (1) If a pension was, immediately before 16 September 1975, payable to a
person in Papua New Guinea because of section 14 of the Social Services Act
(No. 2) 1973, the pension continues to be payable to the person as if the
Papua New Guinea area formed part of Australia.
(2) Subclause (1) only applies to the person while the person remains in the
Papua New Guinea area.
(3) If the person leaves the Papua New Guinea area other than to come to
Australia, the person is to be taken, for the purposes of Part 4.2 of this
Act, to leave Australia.
(4) In this clause: "Papua New Guinea area" means the area that comprised
Papua New Guinea immediately before 16 September 1975. Widow's pension -
mental hospital patient partners (changes introduced on 1 November 1980)
21. (1) If:
(a) immediately before 1 November 1980:
(i) a woman was receiving a widow's pension under the 1947 Act; and
(ii) the woman's husband was a mental hospital patient; and
(b) at all times since 1 November 1980, the woman's husband has continued
to be a mental hospital patient; and
(c) the woman has an SPP child; the woman is to be taken to satisfy
paragraph 249 (1) (a) of this Act (sole parent pension).
(2) If:
(a) immediately before 1 November 1980:
(i) a woman was receiving a widow's pension under the 1947 Act; and
(ii) the woman's husband was a mental hospital patient; and
(b) at all times since 1 November 1980, the woman's husband has continued
to be a mental hospital patient; and
(c) the woman does not have an SPP child; the woman is to be taken to
satisfy paragraph 362 (1) (c) of this Act (widow B pension).
(3) For the purposes of subclauses (1) and (2), if the woman's husband is
absent from the mental hospital for a continuous period of 4 weeks or more, he
is to be taken to cease to be a mental hospital patient at the end of the 4
week period that starts when the absence starts.
(4) If:
(a) subclause (1) or (2) applies to a woman; and
(b) the woman is qualified for a wife pension; and
(c) the rate at which a wife pension would be payable to the woman is
higher than the rate at which a sole parent or widow B pension would
be payable to the woman; the following provisions apply:
(d) subclauses (1) and (2) do not prevent the grant to her of a wife
pension;
(e) the grant of a wife pension to her may take effect on and from the
date on which the woman became qualified for the wife pension at the
higher rate;
(f) if she is granted a wife pension, subclause (1) or (2) is to be taken
to have ceased to apply to her on the day on which the grant of the
wife pension takes effect. Benevolent homes (changes introduced on 1
January 1981)
22. (1) If:
(a) immediately before 1 January 1981:
(i) a person was receiving an age, invalid or class B widow pension under
the 1947 Act; and
(ii) the person was an inmate of a benevolent home; and
(iii) the person's pension was being dealt with in accordance with section
50 or 80 of the 1947 Act; and
(b) at all times since 1 January 1981, the person has been an inmate of a
benevolent home; the following provisions apply to the person's
pension in spite of anything in section 60, 113, 274 or 381 of this
Act:
(c) the person is to be paid so much of the person's pension as does not
exceed:
(i) if the person is receiving rent assistance - $1,164.80 per year; or
(ii) if the person is not receiving rent assistance - $1,112.80 per year;
and
(d) the balance (if any) is to be paid to the person controlling the
benevolent home for the maintenance of the pensioner in the home.
(2) Subclause (1) stops applying to the person's pension if the amount payable
under that subclause to the person controlling the benevolent home equals or
exceeds the pensioner contribution that would otherwise be payable to that
person under section 60, 113, 274 or 381 of this Act. Dependent child -
pension, benefit and Labour Force Program recipients (changes introduced on 1
November 1984)
23. (1) If:
(a) immediately before 1 November 1984:
(i) one person (in this subclause called the "adult") was receiving family
allowance; and
(ii) another person (in this subclause called the "child") was receiving:
(A) a social security pension or benefit; or
(B) payments under a program in the Labour Force Program; and
(b) at all times since 1 November 1984:
(i) the adult has continued to receive family allowance; and
(ii) the child has continued to receive a pension, benefit or payments of a
kind referred to in subparagraph (a) (ii); subsection 5 (6) of this
Act does not operate to prevent the child being a dependent child for
the purposes of working out:
(c) whether the adult is qualified for a pension, benefit or allowance
under this Act; or
(d) the rate at which a pension, benefit or allowance under this Act is
payable to the adult.
(2) If:
(a) immediately before 1 November 1984:
(i) one person (in this subclause called the "adult") was receiving double
orphan's pension; and
(ii) another person (in this subclause called the "child") was receiving:
(A) a social security pension or benefit; or
(B) payments under a program in the Labour Force Program; and
(b) at all times since 1 November 1984:
(i) the adult has continued to receive the double orphan's pension; and
(ii) the child has continued to receive a pension, benefit or payment of a
kind referred to in subparagraph (a) (ii); subsection 5 (6) of this
Act does not operate to prevent the child being a dependent child for
the purposes of working out:
(c) whether the adult is qualified for a pension, benefit or allowance
under this Act; or
(d) the rate at which a pension, benefit or allowance under this Act is
payable to the adult.
(3) If:
(a) immediately before 1 November 1984:
(i) one person (in this subclause called the "adult") was receiving
handicapped child's allowance; and
(ii) another person (in this subclause called the "child") was receiving:
(A) a social security pension or benefit; or
(B) payments under a program in the Labour Force Program; and
(b) at all times since 1 November 1984:
(i) the adult has continued to receive the handicapped child's allowance
or child disability allowance; and
(ii) the child has continued to receive a pension, benefit or payment of a
kind referred to in subparagraph (a) (ii); subsection 5 (6) of this
Act does not operate to prevent the child being a dependent child for
the purposes of working out:
(c) whether the adult is qualified for a pension, benefit or allowance
under this Act; or
(d) the rate at which a pension, benefit or allowance under this Act is
payable to the adult.
(4) If:
(a) immediately before 1 November 1984:
(i) one person (in this subclause called the "adult") was receiving:
(A) a social security pension or benefit; or
(B) a mobility allowance or service pension under the
Repatriation Act 1920; and
(ii) another person (in this subclause called the "child") was receiving:
(A) a social security pension or benefit; or
(B) payments under a Labour Force Program; and
(b) at all times since 1 November 1984:
(i) the adult has continued to receive a pension, benefit or allowance of
a kind referred to in subparagraph (a) (i); and
(ii) the child has continued to receive a pension, benefit or payment of a
kind referred to in subparagraph (a) (ii); subsection 5 (6) of this
Act does not operate to prevent the child being a dependent child for
the purposes of working out:
(c) whether the adult is qualified for a pension, benefit or allowance
under this Act; or
(d) the rate at which a pension, benefit or allowance is payable to the
adult under this Act. Rent assistance for sickness beneficiaries
(changes introduced on 13 December 1987)
24. (1) If:
(a) immediately before 13 December 1987:
(i) a person was receiving sickness benefit; and
(ii) the person's sickness benefit rate included an amount by way of rent
assistance; and
(b) the person has been receiving sickness benefit at all times since 13
December 1987; the amount of rent assistance to be included in the
person's sickness benefit rate is to be calculated as if section 120
of the 1947 Act, as in force immediately before 13 December 1987, had
continued to apply to the person.
(2) Subclause (1) ceases to apply to the person if, apart from this clause, a
higher rate of rent assistance would apply to the person. Rates of some
pensions - education payments made (changes introduced on 1 January 1987)
25. (1) If:
(a) immediately before 1 January 1987:
(i) a person was receiving a social security pension; and
(ii) payments were being made to the person under:
(A) the Tertiary Education Assistance Scheme; or
(B) the Adult Secondary Education Assistance Scheme; or
(C) the Secondary Allowance Scheme; and
(b) on or after 1 January 1987, the person becomes eligible to receive
payments under the AUSTUDY Scheme; the rate of that pension for the
continuation period is to be:
(c) the rate at which the pension was payable immediately before 1 January
1987; or
(d) if:
(i) the person was receiving a pension of that kind immediately before 21
October 1986; and
(ii) the rate at which the pension was payable to the person immediately
before 21 October 1986 is higher than the rate at which the pension
was payable to the person immediately before 1 January 1987; the rate
at which the pension was payable to the person immediately before 21
October 1986.
(2) For the purposes of subclause (1), the continuation period is the period
that commences on the day on which the person becomes eligible to receive
payments under the AUSTUDY Scheme and ends when the person ceases to be
eligible to receive payments under that Scheme.
(3) If:
(a) immediately before 1 September 1987, a person was receiving a widow's
pension or a supporting parent's benefit under the 1947 Act; and
(b) on 1 September 1987, the person was eligible to receive payments under
the AUSTUDY Scheme for a full-time course of education that the person
had commenced before 1 September 1987; and
(c) the person has a dependent child; and
(d) if this subclause had not been enacted, the person would not be
qualified for a sole parent pension or a widow B pension under this
Act because the child had turned 16; the person's qualification for a
sole parent pension or widow B pension under this Act continues during
the continuation period as if the child had not turned 16.
(4) For the purposes of subclause (3), the continuation period is the period
that commences on 1 September 1987 and ends on the day on which the person
ceases to be eligible to receive payments under the AUSTUDY Scheme in respect
of the course of education.
(5) If:
(a) immediately before 1 January 1988:
(i) a person was receiving a social security pension; and
(ii) the person was eligible to receive payments under a relevant
Aboriginal Tertiary Education Scheme; and
(iii) payments were being made to, or in respect of, the person under the
Aboriginal Study Assistance Scheme; and
(b) the person continues to be eligible to receive payments under the
Aboriginal Study Assistance Scheme on or after 1 January 1988; the
rate of the person's pension is not, during the continuation period,
to exceed the rate at which it was payable immediately before the
commencement of section 1 of the Social Security Amendment Act 1988.
(6) For the purposes of subsection (5):
(a) the relevant Aboriginal Tertiary Education Schemes are:
(i) in relation to a time before 1 January 1989 - the Aboriginal Study
Assistance Scheme; or
(ii) in relation to a time on or after 1 January 1989 - the ABSTUDY
Tertiary Scheme; and
(b) the continuation period is the period that starts on 1 January 1988
and ends on the day on which the person ceases to be eligible to
receive payments under the Aboriginal Study Assistance Scheme.
Maintenance income test (changes introduced on 17 June 1988)
26. (1) If:
(a) in the fortnight that ended on 16 June 1988:
(i) a person was receiving a social security pension, social security
benefit or service pension; and
(ii) the person had maintenance income; and
(b) at all times since 17 June 1988, the person has been receiving a
social security pension, social security benefit or service pension;
and
(c) subsection 21 (4) of the Social Security and Veterans'
Entitlements (Maintenance Income Test) Amendment Act 1988 has not
ceased to apply to the person; and
(d) in a fortnight the person's total income would otherwise be less than
it was in the fortnight that ended on 16 June 1988; the person's
social security pension or benefit amount in that fortnight is to be
such that the person's total income for the fortnight is equal to the
person's total income for the fortnight that ended on 16 June 1988.
(2) Subclause (1):
(a) has effect in spite of anything else in this Act; and
(b) has effect subject to subclause (3); and
(c) does not apply if:
(i) the person was required by or under the 1947 Act or the Veterans'
Entitlements Act to notify the Department of the maintenance income
that the person had in the fortnight that ended on 16 June 1988; and
(ii) the person failed to notify the Department of the maintenance income
as required by or under that Act.
(3) If subclause (1) ceases to apply to the person, this clause will not apply
to the person at any time after that cessation.
(4) The person's social security pension or benefit amount in the fortnight is
not to exceed:
(a) if the person had a dependent child or dependent children immediately
before 17 June 1988 - the amount of the social security pension,
social security benefit or service pension received in the fortnight
that ended on 16 June 1988; or
(b) if the person did not have a dependent child immediately before 17
June 1988 - the amount of the social security pension, social security
benefit or service pension received by the person in the fortnight
that ended on 16 June 1988 increased to take account of any indexation
increases, but no other increases, after 16 June 1988.
(5) If:
(a) the person's total income for the fortnight that ended on 16 June 1988
included an extra payment; and
(b) after 26 June 1989 the person is no longer entitled to an extra
payment of the same kind because of a change in the person's
circumstances; and
(c) the change in circumstances is not a change in the person's other
income; the person's total income for the fortnight that ended on 16
June 1988 is to be taken, for the purposes of subclause (1) after the
change in circumstances, to have been reduced by the amount of the
extra payment. Note: for "extra payment" see subclause (7) below.
(6) If the amount of:
(a) a benefit or allowance received by the person under the 1947 Act in
the fortnight that ended on 16 June 1988; or
(b) a pension received by the person under Part III of the Veterans'
Entitlements Act in the fortnight that ended on 16 June 1988; is less
than the amount of the person's fortnightly rate of benefit, allowance
or pension, the amount of the benefit, allowance or pension received
by the person in that fortnight is to be taken, for the purposes of
this clause, to be the amount of the person's fortnightly rate of the
benefit, allowance or pension.
(7) In this clause: "extra payment" means:
(a) an additional payment for a partner made under:
(i) subsection 118 (2) of the 1947 Act; or
(ii) Module C of Benefit Rate Calculator A of this Act; or
(iii) Module C of Benefit Rate Calculator B of this Act; or
(b) additional amounts for dependent children under:
(i) subsection 33 (3) or (4) of the 1947 Act; or
(ii) this Act; or
(iii) paragraph 47 (3) (a), (b), (c) or (e) of the Veterans'
Entitlements Act;
(c) an amount by way of rent assistance under the 1947 Act, this Act or
the Veterans' Entitlements Act; or
(d) an amount by way of remote area allowance under the 1947 Act, this Act
or the Veterans' Entitlements Act; "indexation increase", in relation
to a social security pension, social security benefit or service
pension, means an increase in the rate at which the pension or benefit
is payable that has occurred because of an indexation provision;
"indexation provision" means a provision of this Act, the 1947 Act or
the Veterans' Entitlements Act that provides for the rate of a pension
or benefit to be increased periodically by reference to the quarterly
All Groups Consumer Price Index numbers published by the Australian
Statistician; "ordinary income" does not include an amount that is
disregarded under this Act, the 1947 Act or the Veterans' Entitlements
Act because of an earnings credit scheme; "total income", for a person
in a period, means the sum of:
(a) the person's ordinary income and maintenance income received in that
period; and
(b) any social security pension, social security benefit or service
pension received by the person in that period; reduced by so much of
that amount as:
(c) was received as arrears of payments due to the person before that
period; and
(d) the Secretary is satisfied should be disregarded for the purposes of
this clause. Rent assistance - boarders and lodgers (changes
introduced on 13 June 1989)
27. (1) If:
(a) immediately before 13 June 1989:
(i) a person was receiving a social security pension, a social security
benefit or family allowance supplement under the 1947 Act; and
(ii) the person's pension, benefit or allowance rate included an amount by
way of rent assistance in respect of payments made for board and
lodging; and
(b) at all times since 13 June 1989, the person:
(i) has been receiving a social security pension, a social security
benefit or family allowance supplement; and
(ii) has been a boarder; the amount by way of rent assistance included in
the person's pension, benefit or allowance rate is not to fall below
the floor amount.
(2) If:
(a) a decision is made under the 1947 Act on or after 13 June 1989 that a
person is entitled to rent assistance under that Act in respect of a
period; and
(b) the period starts before 13 June 1989; and
(c) the period continued until at least 12 June 1989; the person is to be
taken, for the purposes of this clause, to have been receiving rent
assistance under that Act immediately before 13 June 1989.
(3) If:
(a) immediately before 13 June 1989, a person was receiving rent
assistance under or because of the Veterans' Entitlements Act in
respect of payments for board and lodging; and
(b) after that date, the person becomes entitled to be paid a social
security pension, social security benefit or family allowance
supplement under the 1947 Act or this Act; and
(c) subsection 30 (1) of the Social Security and Veterans'
Affairs Legislation Amendment Act 1988 had not ceased to apply to the
person until the person became entitled to that pension, benefit or
allowance; and
(d) at all times since the person becomes entitled to that pension,
benefit or allowance, the person:
(i) has been receiving a social security pension, a social security
benefit or family allowance supplement; and
(ii) has been a boarder; the amount of rent assistance included in the
person's pension, benefit or allowance rate is not to fall below the
person's floor amount.
(4) For the purposes of subclauses (1) and (3), the person's floor amount is
the amount by way of rent assistance that would be included in the person's
pension, benefit or allowance rate if:
(a) that amount were calculated, subject to paragraph (b), under the 1947
Act as in force immediately before 13 June 1989; and
(b) the 1947 Act as in force at that time were modified as follows:
(i) the following paragraph applied instead of paragraph 36 (1) (a):
"(a) the person pays, or is liable to pay, rent, other
than government rent, at a rate exceeding $1,040 per year;";
(ii) "the amount specified in paragraph (1) (a)" were substituted for
"$780" in paragraph 36 (3) (a);
(iii) "rent, other than Government rent, at a rate exceeding $1,040" were
substituted for "rent at a rate exceeding $780" in paragraph 50 (1)
(a);
(iv) the following paragraph applied instead of paragraph 50 (2) (b):
"(b) the amount worked out using the formula:
0.5 x (ARP - RT) where: `ARP' is the annual rent paid or payable by the
person; `RT' is the amount specified in paragraph (1) (a).";
(v) "rent, other than Government rent, at a rate exceeding $20" were
substituted for "rent at a rate exceeding $15" in paragraph 74 (2)
(c);
(vi) "the amount specified in paragraph (c)" were substituted for "$15"
(last occurring) in subsection 74 (2);
(vii) "the threshold amount" were substituted for "$15" in paragraphs (a)
and (b) of the definition of "entitlement period" in subsection 120
(1);
(viii) the following definition were inserted in subsection 120 (1): "
`threshold amount' means $20.";
(ix) "rent, other than Government rent, paid or payable by the person
exceeds the threshold amount" were substituted for "rent paid, or
payable, by the person exceeds $15" in paragraph 120 (5) (a);
(x) "rent, other than Government rent, paid or payable by a person exceeds
the threshold amount" were substituted for "rent paid or payable by
the person exceeds $15" in paragraph 120 (7) (a); and
(c) any increases in the amounts being paid by the person from time to
time for board and lodging above the level being paid immediately
before 12 June 1989 were disregarded.
(5) Subclause (1) or (2) ceases to apply to a person's pension, benefit or
allowance rate when the amount of rent assistance that the person would be
entitled to because of that subsection is less than (or equal to) the amount
of rent assistance that the person is entitled to under this Act.
(6) Subclause (1) or (2) will not apply to a person again once it has ceased
to apply to the person.
(7) References in this clause to payments for board and lodging include
references to payments for accommodation and other services that are provided
to a person who is residing in a nursing home.
(8) In this clause: "boarder" means a person who ordinarily lives on premises
where the person is provided with board and lodging. Rent assistance -
retirement village residents (changes introduced on 13 June 1989)
28. (1) If:
(a) immediately before 3 November 1988:
(i) a person was receiving a social security pension, social security
benefit or family allowance supplement; and
(ii) the person's pension, benefit or allowance rate included an amount by
way of rent assistance under the 1947 Act; and
(b) at all times since 3 November 1988:
(i) the person has been entitled to a social security pension, social
security benefit or family allowance supplement; and
(ii) the person's principal home has been in a retirement village; the
person is to be taken not to be an ineligible homeowner for the
purposes of this Act.
(2) If:
(a) immediately after 13 June 1989:
(i) a person was receiving a service pension; and
(ii) the person's pension rate included an amount by way of rent assistance
because of the operation of subsection 31 (1) of the
Social Security and Veterans' Affairs Legislation Amendment Act 1988;
and
(b) after 13 June 1989, the person began to receive a social security
pension, social security benefit or family allowance supplement under
the 1947 Act or this Act; and
(c) subsection 31 (1) of the Social Security and Veterans'
Affairs Legislation Amendment Act 1988 applied to the person at all
times between 13 June 1989 and the person's commencing to receive the
social security pension, social security benefit or family allowance
supplement; and
(d) at all times since the person commenced to receive the social security
pension, social security benefit or family allowance supplement:
(i) the person has continued to receive a social security pension, social
security benefit or family allowance supplement; and
(ii) the person's principal home has continued to be in the retirement
village; the person is to be taken not to be an ineligible property
owner for the purposes of this Act.
(3) If subclause (1) or (2) ceases to apply to the person, that subsection
does not apply to the person again. Additional free area - prescribed student
children (changes introduced on 1 Janaury 1990)
29. (1) The provision of this Act that denies additional free area for
prescribed student children does not apply to the calculation of a person's
pension or benefit rate if:
(a) the person was receiving a social security pension or benefit
immediately before 1 January 1990; and
(b) the person's income was, immediately before 1 January 1990, being
reduced by an amount in respect of a child because of section 35 of
the 1947 Act; and
(c) the person has, at all times since 1 January 1990:
(i) been receiving a social security pension or benefit; and
(ii) had a dependent child who has turned 18 and is a prescribed
student child.
(2) The provision of this Act that denies additional free area for prescribed
student children is point 1064-E5 of Pension Rate Calculator A. Guardian
allowance - prescribed student children (changes introduced on 1 January 1990)
30. (1) The provisions of this Act that deny guardian allowance for prescribed
student children do not apply to the calculation of a person's pension or
benefit rate if:
(a) the person was receiving a social security pension or benefit
immediately before 1 January 1990; and
(b) the rate of pension or benefit payable to the person, immediately
before 1 January 1990, included an amount under subsection 33 (3) or
118 (5) of the 1947 Act; and
(c) the person has, at all times since 1 January 1990:
(i) been receiving a social security pension or benefit; and
(ii) had a dependent child who has turned 18 and is a prescribed student
child.
(2) The provisions of this Act that deny guardian allowance for prescribed
student children are:
(a) point 1064-C8 of Pension Rate Calculator A; and
(b) point 1065-C7 of Pension Rate Calculator B; and
(c) point 1067-E7 of Benefit Rate Calculator A; and
(d) point 1068-E8 of Benefit Rate Calculator B. Benefit rates - under 21
partnered rate (changes introduced on 20 September 1990)
31. If:
(a) immediately before 20 September 1990:
(i) a person was receiving unemployment benefit, job search
allowance or sickness benefit; and
(ii) the person had not turned 21; and
(iii) the person was a member of a couple; and
(b) the person does not have a dependent child;
(c) the person has at all times since 20 September 1990 been receiving
unemployment benefit, job search allowance or sickness benefit; this
Act applies to the person as if:
(d) if the person has not turned 18 - the person's maximum basic rate were
the amount specified in column 3A against items 3 and 4 in Table B in
point 1067-B1 of Benefit Rate Calculator A; or
(e) if the person has turned 18 - the person's maximum basic rate were the
amount specified in column 3A against items 6 and 8 in Table B in
point 1068-B1 of Benefit Rate Calculator B.
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