Commonwealth Numbered Acts

SOCIAL SECURITY (REWRITE) TRANSITION ACT 1991 No. 70, 1991 - SCHEDULE 3

                     SCHEDULE 3                           Section 6

CONSEQUENTIAL AMENDMENTS OF OTHER ACTS
Albury-Wodonga Development Act 1973 Subsection 12 (3):
Omit "Social Services Act 1947", substitute " Social Security Act 1991".
Commonwealth Employees' Rehabilitation and Compensation Act 1988 Paragraphs 4
(7) (a) and (b):
Omit the paragraphs, substitute the following paragraphs:

"(a) family allowance under the Social Security Act 1991; and

   (b)  family allowance supplement under that Act; and

   (c)  child disability allowance under that Act; and

   (d)  double orphan pension under that Act;". Subsection 37 (6):
Omit "an amount under Part XVI of the Social Security Act 1947", substitute
"rehabilitation allowance under the Social Security Act 1991".
Defence (Re-establishment) Act 1965 Section 46A (definition of "
Social Security Act"):
Omit "1947", substitute "1991". Subsection 48 (2):
Omit the subsection, substitute the following subsections:

"(2) A person's rehabilitation allowance rate is the rate equal to the sum of:

   (a)  the rate at which invalid pension would be payable to the disabled
        person under the Social Security Act if the disabled person were
        receiving an invalid pension under that Act; and

   (b)  the rate at which any wife pension would be payable under that Act to
        another person if the disabled person were receiving an invalid
        pension under that Act. Note: these rates will be worked out using the
        following Rate Calculators in the Social Security Act 1991:
. Pension Rate Calculator A for a person who is not permanently blind;
. Pension Rate Calculator B for a person who is permanently blind.

"(2A) For the purposes of subsection (1):

   (a)  the disabled person's ordinary income (within the meaning of the
        Social Security Act) is to be taken to be nil; and

   (b)  the other person's ordinary income (within the meaning of the
        Social Security Act) is to be taken to be nil.". Subsection 48 (4):
Omit the subsection, substitute the following subsection:

"(4) While a disabled person is receiving a rehabilitation allowance under
this Part, any social security pension or benefit (within the meaning of the
Social Security Act) that would otherwise be payable to the disabled person is
to be suspended.". Subsection 49A (1) (definition of " Social Security Act"):
Omit "1947", substitute "1991". Subsection 49C (2):
Omit the subsection, substitute the following subsections:

"(2) A disabled person's rehabilitation allowance rate is the rate equal to
the sum of:

   (a)  the rate at which invalid pension would be payable to the disabled
        person under the Social Security Act if the disabled person were
        receiving an invalid pension under that Act; and

   (b)  the rate at which any wife pension would be payable under that Act to
        another person if the disabled person were receiving an invalid
        pension under that Act. Note: these rates will be worked out using the
        following Rate Calculators in the Social Security Act 1991: . Pension
        Rate Calculator A for a person who is not permanently blind; . Pension
        Rate Calculator B for a person who is permanently blind.

"(2A) For the purposes of subsection (1):

   (a)  the disabled person's ordinary income (within the meaning of the
        Social Security Act) is to be taken to be nil; and

   (b)  the other person's ordinary income (within the meaning of the
        Social Security Act) is to be taken to be nil.". Subsection 49C (5):
Omit the subsection, substitute the following subsection:

"(5) While a disabled person is receiving a rehabilitation allowance under
this Part, any social security pension or benefit (within the meaning of the
Social Security Act) that would otherwise be payable to the disabled person is
to be suspended.".
Disability Services Act 1986 Section 17 (definition of "rehabilitation
allowance"):
Omit the definition, substitute the following definition: " `rehabilitation
allowance' means a rehabilitation allowance under the
Social Security Act 1991;". Subsection 22 (4) (paragraph (a) of the definition
of "pensioner or beneficiary"):
Omit the paragraph, substitute the following paragraph:
  "(a)   is receiving a social security pension or benefit
within the meaning of the Social Security Act 1991; or". Subsection 24 (6):
Omit the subsection, substitute the following subsection:

"(6) The following sections of the Social Security Act 1991 apply in relation
to allowances under this section as if an allowance under this section were an
age pension under that Act:

   (a)  sections 61 to 64 (method of payment);

   (b)  section 65 (claim for amounts owing at recipient's death);

   (c)  sections 66 and 67 (protection of payment);

   (d)  section 1224 (debt arising from recipients' contravention);

   (e)  sections 1233 to 1237 (recovery, write-off and waiver).". Subsection
        28 (2):
Omit "1947", substitute "1991". Subsection 28 (4):
Omit "1947", substitute "1991".
Handicapped Persons Assistance Act 1974 Section 27 (definition of "normal
employment"):
Omit paragraph (b), substitute the following paragraph:
 "(b)   full-time engagement (other than as an employee) of
the person in any employment, occupation or business that provides, or will
provide, the person with an income at an annual rate not less than an amount
per year equal to the aggregate of:

   (i)  the maximum basic rate of age pension that would be payable to the
        person under the Social Security Act 1991 if the person:

                (A)  were receiving an age pension under that Act; and

                (B)  were not a member of a couple (within the meaning of that
                     Act); and

   (ii) the amount that would be the person's ordinary income free area for
        the purposes of the Social Security Act 1991 if:

                (A)  the person were receiving an age pension under that Act;
                     and

                (B)  the person were not a member of a couple (within the
                     meaning of that Act); Note 1: the maximum basic rate is
                     to be found in Pension Rate Calculator A (point 1064-B1 -
                     Table B - item 1 - column 3) in the
                     Social Security Act 1991. Note 2: the free area is to be
                     found in Pension Rate Calculator A (point 1064-E4 - Table
                     E-1 - item 1 - column 3) in the Social
                     Security Act 1991.".
Health Insurance Act 1973 Subsection 3 (1) (sub-subparagraph (aa) (iii) (C) of
the definition of "dependant"):
Omit "Part III of the Social Security Act 1947", substitute "the
Social Security Act 1991". Subsection 3 (1) (paragraph (c) of the definition
of "dependant"):
Omit "a dependant of the disadvantaged person for the purposes of Part VII of
the Social Security Act 1947", substitute "a DSS benefit dependant of the
disabled person". Subsection 3 (1):
Insert the following definition: " `DSS benefit dependant', in relation to the
recipient of an unemployment benefit, job search allowance, sickness benefit
or special benefit under the Social Security Act 1991, means a person in
respect of whom the recipient's benefit or allowance rate is increased by way
of:

   (a)  additional payment for a partner; or

   (b)  dependent child add-on;". Paragraph 3 (7) (a):
Omit "supporting parent's benefit under the Social Security Act 1947",
substitute "sole parent pension under the Social Security Act 1991". Paragraph
3 (7) (b):
Omit "benefit", substitute "pension". Subsection 3 (7):
Omit "unless that benefit", substitute "unless that pension". Subsection 3
(10) (paragraph (a) of the definition of "pension"):
Omit "1947", substitute "1991". Subsection 4C (1):
Omit "1947" (wherever occurring), substitute "1991". Paragraph 4C (2) (a):
Omit "of Part VIIA". Paragraph 4D (1) (a):
Omit "parent's", substitute "parent". Subsection 4D (1):
Omit "1947", substitute "1991". Subparagraph 4D (2) (b) (i):
Omit "parent's", substitute "parent". Subsection 4D (3) (definition of
"qualified recipient"):

   (a)  omit "wife's", substitute "wife";

   (b)  omit "carer's", substitute "carer";

   (c)  omit "1947", substitute "1991". Subsection 4D (3) (definition of
        "unemployment beneficiary"):
Omit "1947", substitute "1991". Subsection 5B (12) (subparagraph (a) (i) of
the definition of "allowable income"):
Omit "married person", substitute "member of a couple (within the meaning of
the Social Security Act 1991)". Subsection 5B (12) (definitions of "child" and
"dependant"):
Omit the definitions, substitute the following definitions: " `child', in
relation to a person, means a child (whether or not under the age of 16 years)
for whom the person, or the person's partner (within the meaning of the
Social Security Act 1991), receives family allowance under the Social Security
Act 1991 (otherwise than because of subsection 5 (10) of that Act);
`dependant', in relation to a person, means:

   (a)  the person's partner (within the meaning of the Social
        Security Act 1991) if the partner:

   (i)  in a case where the person is receiving unemployment benefit or job
        search allowance under the Social Security Act 1991 - is a DSS benefit
        dependant of the person; or

   (ii) in any other case - would be a DSS benefit dependant of the person if
        the person were receiving unemployment benefit or job search allowance
        under that Act; or

   (b)  a child of the person;". Subsection 5B (12) (definition of "income"):
Omit "income of the person for the purposes of the Social Security Act 1947",
substitute "ordinary income of the person for the purposes of the
Social Security Act 1991". Subsection 5B (12) (paragraph (a) of the definition
of "income"):
Omit the paragraph, substitute the following paragraph:
  "(a)   a social security pension or benefit within the meaning of the Social
Security Act 1991;". Subsection 5B (12) (paragraph (da) of the definition of
"income"):
Omit "Part VII of the Social Security Act 1947", substitute "the Social
Security Act 1991". Subsection 5B (12) (definition of "unemployment benefit"):
Omit "Part VII of the Social Security Act 1947", substitute "the Social
Security Act 1991". Subsection 5D (8) (definition of "job search allowance"):
Omit "Part XIII of the Social Security Act 1947", substitute "the
Social Security Act 1991". Subsection 5D (8) (definition of "unemployment
benefit"):
Omit "under that Part", substitute "under the Social Security Act 1991".
Subsection 5E (12) (definition of "special benefit"):
Omit "Part VII of the Social Security Act 1947", substitute "the
Social Security Act 1991". Section 5F:
Omit "Part XIX of the Social Security Act 1947", substitute "Chapter 6 of the
Social Security Act 1991". Section 130H:
Omit "section 17 of the Social Security Act 1947", substitute "sections 1312
to 1321 of the Social Security Act 1991".
Homeless Persons Assistance Act 1974 Section 3 (definition of "homeless
person"):
Omit "Part VI of the Social Security Act 1947", substitute "the
Social Security Act 1991".
Migration Act 1958 Subsection 4 (1) (definition of "aged parent"):
Omit "1947", substitute "1991".
National Crime Authority Act 1984 Schedule 1:
Omit "Social Security Act 1947, section 17", substitute "
Social Security Act 1991, sections 1312 to 1321".
National Health Act 1953 Subsection 4 (1) (subparagraph (c) (iii) of the
definition of "dependant"):
Omit "Part III of the Social Security Act 1947", substitute "the Social
Security Act 1991". Subsection 4 (1) (paragraph (a) of the definition of
"pensioner"):
Omit the paragraph, substitute the following paragraph:
  "(a)   a person to whom or in respect of whom a social
security pension (within the meaning of the Social Security Act 1991) is being
paid and who is qualified for fringe benefits in accordance with a Division of
that Act but is not a person to whom subparagraph (aa) (ii) applies;".
Subsection 4 (1) (paragraph (aa) of the definition of "pensioner"):
Omit "1947" (wherever occurring), substitute "1991". Subsection 4 (1)
(paragraph (ab) of the definition of "pensioner"):
Omit "117A (2) of the Social Security Act 1947", substitute "589 (2) of the
Social Security Act 1991". Subsection 4 (1) (definition of "social security
beneficiary"):

   (a)  insert "job search allowance," after "unemployment benefit,".

   (b)  omit "1947" (wherever occurring), substitute "1991". Paragraph 4 (1D)
        (a):
Omit "supporting parent's benefit under the Social Security Act 1947",
substitute "sole parent pension under the Social Security Act 1991". Paragraph
4 (1D) (b):
Omit "benefit", substitute "pension". Subsection 4 (1D):
Omit "that benefit", substitute "that pension". Paragraph 4 (1D) (d):
Omit "1947", substitute "1991". Subsection 4 (3) (paragraph (a) of the
definition of "pension"):
Omit "1947", substitute "1991". Subsection 84 (1) (paragraph (a) of the
definition of "concessional beneficiary"):
Omit the paragraph, substitute the following paragraph:
  "(a)   a person to whom or in respect of whom a social
security pension (within the meaning of the Social Security Act 1991) is being
paid; or". Subsection 84 (1) (paragraph (aa) of the definition of
"concessional beneficiary"):
Omit "1947", substitute "1991". Subsection 84 (1) (sub-subparagraph (a) (iii)
(C) of the definition of "dependant"):
Omit "Part III of the Social Security Act 1947", substitute "the
Social Security Act 1991".
Re-establishment and Employment Act 1945 Paragraphs 151 (a) and (b):
Omit the paragraphs, substitute the following paragraphs:

"(a) a rehabilitation allowance under the Social Security Act 1991 at the same
rate as the rate of invalid pension that would be payable to the disabled
person for the time being under that Act if the disabled person were receiving
an invalid pension under that Act; and

   (b)  an amount equal to the rate of wife pension that would be payable to
        the disabled person's wife under that Act if the disabled person were
        receiving an invalid pension under that Act.".
Registration of Deaths Abroad Act 1984 Subsection 3 (1) (paragraph (c) of the
definition of "prescribed person"):
Omit "1947", substitute "1991".
Seamen's Compensation Act 1911 Schedule 1 (paragraph (2A)):
Omit "child endowment paid under Part VI of the Social Services Act 1947-1973
in respect of", substitute "family allowance under the
Social Security Act 1991 for".
Seamen's War Pensions and Allowances Act 1940 Subsection 3 (1) (definition of
"child"):
Omit "a pension under Part IV or V or Schedule 1B, an allowance under Part VI,
a benefit under Part XIII or a rehabilitation allowance under Part XVI of the
Social Security Act 1947", substitute "a social security pension (within the
meaning of the Social Security Act 1991) other than a sheltered employment
allowance under that Act or a social security benefit (within the meaning of
that Act)". Paragraph 55A (1) (c):
Insert ", the Social Security Act 1991" after "1947". Paragraph 55A (1) (d):
Insert ", the Social Security Act 1991" after "1947". Subsection 55A (8)
(paragraph (b) of the definition of "excluded amount"):
Insert "or the Social Security Act 1991" after "1947". Subparagraph 55AA (b)
(ii):
Insert "or the Social Security Act 1991" after "1947". Subsection 55D (1):
Insert "or the Social Security Act 1991" after "1947". Subsection 55D (2):
Omit "1947", substitute "1991".
Sex Discrimination Act 1984 Paragraph 40 (2) (a):
Omit "1947", substitute "1991".
Student Assistance Act 1973 Subsection 3 (1) (definition of "late payment
charge"):
After paragraph (b), insert the following paragraph:
  "(ba)   section 1229, or any other prescribed provision, of
the Social Security Act 1991;". Subsection 3 (1) (definition of "Social
Security or Veterans' legislation overpayment"):
After paragraph (a) insert the following paragraph:
  "(aa)   an amount paid under the Social Security Act 1991:


   (i)  that should not have been paid; or

   (ii) that was paid solely because of a decision under:

                (A)  subsection 533 (2) of that Act; or

                (B)  subsection 604 (2) of that Act; or

                (C)  subsection 675 (2) of that Act; or

                (D)  subsection 738 (2) of that Act; or".
Tuberculosis Act 1948 Subsection 9 (3):

   (a)  omit "income", substitute "ordinary income".

   (b)  omit "Social Services Act 1947-1973", substitute "
        Social Security Act 1991".
War Gratuity Act 1945 Section 28:

   (a)  omit "property", substitute "assets".

   (b)  omit "income", substitute "ordinary income".

   (c)  omit "1947", substitute "1991".