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Social Security Legislation Amendment Act 1982

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SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982
SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement PART II-AMENDMENTS OF THE AGED OR DISABLED PERSONS HOMES ACT 1954 3. Principal Act 4. Interpretation 5. Amounts of grants 6. Authorization of payments 7. Delegation PART III-AMENDMENT OF THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 8. Principal Act 9. Provision of vocational training PART IV-AMENDMENTS OF THE DEFENCE (RE-ESTABLISHMENT) ACT 1965 10. Principal Act 11. Insertion of new section in Part V- 46A. Interpretation 12. Application of Part VIII of Social Security Act 13. Repeal of section 48 and new section substituted- 48. Payments during treatment or training 14. Persons not entitled to assistance or benefit 15. Interpretation 16. Application of Part VIII of the Social Security Act 17. Payments during treatment or training 18. Persons not entitled to assistance or benefit PART V-AMENDMENTS OF THE DELIVERED MEALS SUBSIDY ACT 1970 19. Principal Act 20. Interpretation 21. Director-General's approvals 22. Authorization of payments 23. Moneys to be paid out of National Welfare Fund 24. Delegation PART VI-AMENDMENTS OF THE SOCIAL SECURITY ACT 1947 25. Principal Act 26. Interpretation 27. Insertion of new section in Part I- 6A. Certain persons to be disregarded for certain purposes 28. Officers to observe secrecy 29. Interpretation 30. Interpretation 31. Interpretation 32. Student children over the age of 16 years 33. Insertion of new section 26. Incentive allowance 34. Examination by medical practitioner 35. Rate of age or invalid pension 36. Rate of age or invalid pension 37. Rate of age or invalid pension 38. Variation of maximum rates of age and invalid pensions 39. Supplementary assistance 40. Supplementary assistance 41. Supplementary assistance 42. Wife's pension 43. Rate of wife's pension 44. Repeal of section 42 45. Receipt of income or occurrence of an event to be notified 46. Student children over the age of 16 years 47. After section 61A, insertion of new section- 61B. Qualification of certain widows 48. Rate of widow's pension 49. Rate of widow's pension 50. Supplementary assistance 51. Repeal of section 71 52. Receipt of income or occurrence of an event to be notified
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53. Student children over the age of 16 years 54. Rate of benefit 55. Grant of new pension to pensioner outside Australia 56. Manner of payment of pension 57. Interpretation 58. Other funeral benefits 59. Prescribed persons 60. Prescribed persons 61. Prescribed persons 62. Insertion of new Part after Part IVA- PART V-FAMILY INCOME SUPPLEMENT 84. Interpretation 85. Persons who are eligible to receive allowance 86. Rate of allowance 87. Claim for allowance 88. Payment of allowance 89. Persons outside Australia 90. Notification and review 91. Increase in rate of allowance 92. Cancellation or suspension of allowance 93. Sharing of allowance between 2 persons 63. Interpretation 64. Interpretation 65. Family allowance 66. Qualification for family allowance 67. Date from which family allowance payable 68. Family allowance to cease in certain circumstances 69. Payment of family allowance during temporary absence from Australia 70. Interpretation 71. Interpretation 72. Rate of handicapped child's allowance 73. Daily rate of allowance 74. Interpretation 75. Interpretation 76. Interpretation 77. Rate of unemployment and sickness benefit 78. Rate of unemployment and sickness benefit 79. Variation of maximum rates of unemployment and sickness benefit 80. Supplementary allowance after first 6 weeks of sickness benefit 81. Supplementary allowance after first 6 weeks of sickness benefit 82. Supplementary allowance after first 6 weeks of sickness benefit 83. Income test 84. Interpretation 85. Medical certificate to be furnished 86. Cancellation of sickness benefit in certain circumstances 87. Special benefit 88. Interpretation 89. Incentive allowance 90. Insertion of new Part after Part VIIA- PART VIIB-MOBILITY ALLOWANCE 133RA. Interpretation 133RB. Eligibility for mobility allowance 133RC. Rate of mobility allowance 133RD. Claims for mobility allowance 133RE. Payment of mobility allowance 133RF. Notification and review 133RG. Suspension of mobility allowance 91. Interpretation 92. Provision of treatment and training 93. Section 135B repealed and new sections substituted- 135B. Persons eligible to be paid rehabilitation allowance 135BA. Rate of rehabilitation allowance 135BB. Rehabilitation allowance not payable to person in receipt of service pension or tuberculosis allowance 135BC. Notification and review 135BD. Suspension of rehabilitation allowance 94. Fares, living expenses, &c. 95. Fares, living expenses, &c. 96. Section 135D repealed and new section substituted- 135D. Training allowance 97. Section 135G repealed and new section substituted- 135G. Payment of rehabilitation allowance and training allowance 98. Completion of treatment and training 99. Recovery of costs of treatment and training 100. Arrangements for treatment, &c., for other persons 101. Provision of vocational training for certain widows
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102. On death of married person, widow or widower to receive combined pensions for 12 weeks 103. Payment into account with bank, credit union or building society 104. Recovery of over-payments 105. Application 106. Transitional and savings PART VII-AMENDMENT OF THE SOCIAL SERVICES AMENDMENT ACT 1981 107. Principal Act 108. Application PART VIII-AMENDMENTS OF THE SOCIAL SERVICES AMENDMENT ACT 1979 109. Principal Act 110. Amendments of section 39 of Principal Act SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT. 1. Short title.
An Act relating to social security (Assented to 27 October 1982) BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I-PRELIMINARY Short title 1. This Act may be cited as the Social Security Legislation Amendment Act 1982. SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT. 2. Commencement
2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (2) Sections 38, 45, 52, 59 and 79 shall come into operation, or shall be deemed to have come into operation, as the case requires, on 1 November 1982. (3) Section 60 shall come into operation on 1 February 1983. (4) Parts III and IV and sections 30, 32, 37, 41, 42, 46, 53, 57, 58, 61, 64, 71, 75, 78, 82, 84, 87, 91, 92, 93, 95, 96, 97, 98, 99, 100, 101, 102 and 103 shall come into operation on 1 March 1983. (5) Sections 31, 76 and 104 shall come into operation on 1 April 1983. (6) Part VII shall be deemed to have come into operation on 1 February 1982. (7) Part VIII shall be deemed to have come into operation on 1 August 1982. (8) Sections 29 and 74 shall be deemed to have come into operation on 17 August 1982. SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT. 3.
PART II-AMENDMENTS OF THE AGED OR DISABLED PERSONS HOMES ACT 1954 Principal Act 3. The Aged or Disabled Persons Homes Act 1954*1* is in this Part referred to as the Principal Act. SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT. 4. Interpretation
4. (1) Section 2 of the Principal Act is amended- (a) by omitting ''force'' from sub-paragraph (a) (iii) of the definition of ''eligible organization'' and substituting ''Force''; (b) by omitting ''Governor-General'' (wherever occurring) from the definition of ''eligible organization'' and substituting ''Minister''; and (c) by omitting ''Director-General of Social Services'' from the definition of ''the Director-General'' and substituting ''Director-General of Social Security''. (2) An approval given by the Governor-General before the commencement of this section for the purposes of the definition of ''eligible organization'' in section 2 of the Principal Act shall, after the commencement of this section, be deemed to be an approval given by the Minister for the purposes of that definition in section 2 of the Principal Act as amended by this Act. SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT. 5. Amounts of grants
5. Section 9 of the Principal Act is amended- (a) by omitting from paragraph (1) (a) ''four-fifths'' and substituting
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''80%''; and (b) by omitting from paragraph (1) (b) ''four'' and substituting ''4''. SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT. 6. Authorization of payments
6. (1) Section 10C of the Principal Act is amended by omitting from sub-section (1) ''$80'' and substituting ''$120''. (2) The amendment made by sub-section (1) applies in respect of payments to an approved organization in respect of persons residing in accommodation provided by that organization on each date that is a prescribed date in relation to that organization, being a date that is not earlier than 1 July 1982. SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT. 7. Delegation
7. Section 10H of the Principal Act is amended by omitting from sub-section (1) ''the Deputy Director-General of Social Services, a First Assistant Director-General of Social Services, an Assistant Director-General of Social Services, a Director of Social Services or any other officer'' and substituting ''any officer''. SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT. 8. Principal Act
PART III-AMENDMENT OF THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES ACT 1971 8. The Compensation (Commonwealth Government Employees) Act 1971*2* is in this Part referred to as the Principal Act. SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT. 9. Provision of vocational training
9. Section 38 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section: ''(3) Part VIII of the Social Security Act 1947 applies, so far as it is capable of application, in relation to a person who is receiving vocational training in pursuance of this section as if he were an invalid pensioner under Part III of that Act and a person referred to in paragraph 135 (1) (a) of that Act but he is not entitled to receive any amount per week under that Part of that Act except to the extent that that amount per week exceeds the amount per week of the compensation payable to him under sub-section (5) of this section.''.