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Social Security and Veterans' Entitlements Amendment Act 1987

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SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I - PRELIMINARYSection 1. Short title 2. Commencement 3. Application provision 4. Effect of certain transitional provisions 5. Re-numbering and re-lettering of Social Security Act 6. Savings PART II - AMENDMENTS OF THE SOCIAL SECURITY ACT 1947 7. Principal Act 8. Interpretation 9. Secrecy 10. Repeal of section 23 and substitution of new section: 23. Incapacity for work 11. Interpretation 12. Qualifications for widow's pension 13. Interpretation 14. Payment of allowance 15. Repeal of section 99 and substitution of new sections: 99. Income test for family allowances 99AA. Indexation of family allowance income test 16. Date from which family allowance payable 17. Rate of unemployment and sickness benefit 18. Insertion of new section: 116. Statements by employers 19. Waiting period 20. Unemployment benefit not payable in certain cases 21. Persons leaving full time education 22. Repeal of section 127 and substitution of new section: 27. Period for which special benefit payable 23. Making and lodgment of claims etc. 24. Manner of payment etc. 25. Repeal of section 135TD and substitution of new section: 135TD. Secretary may take action in relation to money owing to pensioners 26. Power to obtain information etc. 27. Cancellation, suspension or variation of pension etc. 28. Recovery of overpayments 29. Additional amendments PART III - AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986 30. Principal Act 31. Interpretation 32. Interpretation 33. Eligibility for service pension - age 34. Eligibility for service pension - invalidity 35. Eligibility for wife's service pension 36. Claims for service pension etc. 37. Cancellation, suspension or variation of service pension 38. Right to be paid service pension outside Australia 39. Persons resident in Papua New Guinea 40. Secretary may obtain information etc. 41. Furnishing of information 42. Recovery of overpayments 43. Insertion of new section: 205A. Commission may take action in relation to money owing to pensioners PART IV - AMENDMENTS OF THE SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 44. Principal Act 45. Recovery of overpayments 46. Insertion of new section: 55C. Commission may take action in relation to money owing to pensioners SCHEDULE SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - LONG TITLE
An Act relating to Social Security and Veterans' Entitlements and other matters SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - PART I PART I - PRELIMINARY
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 1 Short title
(Assented to 5 June 1987) 1. This Act may be cited as the Social Security and Veterans' Entitlements Amendment Act 1987. (Minister's second reading speech made in - House of Representatives on 14 May 1987 Senate on 28 May 1987) SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 2 Commencement

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2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (2) Subsection 4 (1) and section 17 shall be deemed to have come into operation immediately before 13 June 1987.
(3) Sections 8, 10, 11, 14, 16, 19, 20, 22, 23, 27 and 37 and paragraph 12 (a) shall come into operation on 1 July 1987.
(4) Sections 6, 9, 13, 21, 24, 25, 26, 28, 40, 41, 42, 43, 45 and 46 and paragraph 12 (b) shall come into operation on 1 September 1987.
(5) Sections 15, 29, 31, 32, 33, 34, 35, 36, 38 and 39 shall come into operation on 1 October 1987.
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 3 Application provision
3. (1) The amendments made by section 8 and paragraph 12 (a) apply to payments under the Social Security Act 1947 that fall due on or after 1 July 1987.
(2) The amendments made by sections 19 and 22 apply to claims for benefit under the Social Security Act 1947 that are lodged on or after 1 July 1987.
(3) The amendments made by paragraph 12 (b) and section 13 apply to payments under the Social Security Act 1947 that fall due on or after 1 September 1987.
(4) The amendment made by section 21 applies to claims for benefit under the Social Security Act 1947 that are lodged on or after 1 September 1987.
(5) The amendments made by section 29 to subsection 6 (6) and sections 96 and 112 of the Social Security Act 1947 apply to payments under that Act that fall due on or after 1 October 1987.
(6) The amendments made by paragraphs 32 (c) and (d) apply to instalments under the Veterans' Entitlements Act 1986 that fall due on or after 1 October 1987.
(7) The amendment made by section 15 applies to payments of family allowance under the Social Security Act 1947 in respect of each family allowance period commencing after 14 October 1987.
(8) The amendment made by section 9 applies to information obtained before or after the commencement of that amendment.
(9) The amendments made by sections 25, 43 and 46 apply to debts arising before or after the commencement of those amendments.
(10) The amendments made by sections 28, 42 and 45 (other than subsection 140 (4) of the Social Security Act 1947, subsection 205 (5) of the Veterans' Entitlements Act 1986 and subsection 55A (5) of the Seamen's War Pensions and Allowances Act 1940 that are inserted by those amendments) apply to debts arising before or after the commencement of those amendments.
(11) The amendments made by section 27 do not apply to a determination made under subsection 135TJ (3) of the Social Security Act 1947 if the determination is made following a person having taken action under section 14 or 15 of that Act before 14 May 1987 to seek a review of, or appeal against, a previous decision.
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 4 Effect of certain transitional provisions
4. (1) Where, immediately before 12 June 1987, subsection 22 (2) of the Social Services Amendment Act 1981 or subsection 32 (5) of the Veterans' Entitlements (Transitional Provisions and Consequential Amendments) Act 1986 applied to a person only because the person was paying, before 1 February 1982, Government rent within the meaning of the Social Security Act 1947, that subsection ceases to apply to the person upon the commencement of this subsection.
(2) Where:
(a) after the commencement of this section, a wife's pension under the Social Security Act 1947 commences to be paid to a person by virtue of subsection 22 (6) of the Social Services Amendment Act 1981; and (b) apart from this section, arrears of that pension would be payable to the person in respect of a period of more than 6 months before that pension commences to be paid; arrears of that pension are payable to the person in respect of a period of only 6 months before the pension commences to be paid. SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 5 Re-numbering and re-lettering of Social Security Act
5. For the purposes of section 50 of the Social Security Amendment Act 1987, the provisions of this Act that:
(a) amend the Social Security Act 1947; and (b) come into operation before 2 July 1987; shall be deemed to be provisions of the Social Security Amendment Act 1987. SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 6 Savings
6. (1) Notwithstanding the amendment made by section 9, information of a kind that could be divulged under paragraph 17 (4) (b) of the Social Security Act 1947 to an authority prescribed for the purposes of that paragraph before the commencement of that amendment may continue to be so divulged until the agreement the text of which is set out in Schedule 3 to that Act enters into force.
(2) Notwithstanding the repeal of section 135TD of the Social Security Act 1947, subsection (7) of the repealed section continues to apply, on and after 1 September 1987, to a garnishee order to which that subsection applied
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immediately before that day. SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - PART II PART II - AMENDMENTS OF THE SOCIAL SECURITY ACT 1947
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 7 Principal Act
7. The Social Security Act 1947*1* is in this Part referred to as the Principal Act. *1*No. 26, 1947, as amended. For previous amendments, see Nos. 38 and 69, 1948; No. 16, 1949; Nos. 6 and 26, 1950; No. 22, 1951; Nos. 41 and 107, 1952; No. 51, 1953; No. 30, 1954; Nos. 15 and 38, 1955; Nos. 67 and 98, 1956; No. 46, 1957; No. 44, 1958; No. 57, 1959; No. 45, 1961; Nos. 1 and 95, 1962; No. 46, 1963; Nos. 3 and 63, 1964; Nos. 57 and 152, 1965; No. 41, 1966; Nos. 10 and 61, 1967; No. 65, 1968; No. 94, 1969; Nos. 2 and 59, 1970; Nos. 16 and 67, 1971; Nos. 1, 14, 53 and 79, 1972; Nos. 1, 26, 48, 103 and 216, 1973; Nos. 2, 23 and 91, 1974; Nos. 34, 56, 101 and 110, 1975; Nos. 26, 62 and 111, 1976; No. 159, 1977; No. 128, 1978; No. 121, 1979 (as amended by Nos. 37 and 98, 1982); No. 130, 1980; Nos. 61 and 170, 1981; No. 159, 1981 (as amended by No. 98, 1982); Nos. 37, 38 and 148, 1982; Nos. 4 and 36, 1983; No. 69, 1983 (as amended by No. 78, 1984); Nos. 46, 78, 93, 120, 134 and 165, 1984; Nos. 24, 52, 95, 127 and 169, 1985; Nos. 5, 28, 33, 106, 130 and 152, 1986; and No. 77, 1987. SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 8 Interpretation
8. Section 6 of the Principal Act is amended by inserting after subsection (5) the following subsections: "(5A) Where:
(a) a person who would, apart from this subsection, be an unmarried person was formerly a married person; (b) the person is living in his or her former matrimonial home; and (c) the person's former spouse is also living in the same home; the person shall, if the conditions referred to in paragraphs (b) and (c) continue to apply to the person, be treated as a married person for the purposes of this Act after the end of the period commencing on the day (in this subsection called the 'commencing day') on which those conditions were first satisfied or 14 May 1987, whichever is the later, and ending: (d) if the person or the person's former spouse has instituted proceedings for the purpose or partly for the purpose of retaining or acquiring an interest or other right in that home or of obtaining the whole or a part of the proceeds of the sale of that home - 52 weeks after the commencing day; or (e) in any other case - 26 weeks after the commencing day. "(5B) For the purposes of subsection (5A), a person shall be taken to be living in a particular home notwithstanding a temporary absence from that home.".
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 9 Secrecy
9. Section 17 of the Principal Act is amended by omitting subsection (4) and substituting the following subsection:
"(4) Notwithstanding subsections (2) and (3), the Secretary may:
(a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases - divulge information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to such persons as the Secretary determines; (b) divulge any such information to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or (c) divulge any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 10
10. Section 23 of the Principal Act is repealed and the following section is substituted:
Incapacity for work "23. A person is permanently incapacitated for work for the purposes of this Division if: (a) the degree of the person's permanent incapacity for work is not less than 85%; and (b) that permanent incapacity, or at least 50% of that permanent incapacity, is directly caused by a permanent physical or mental impairment of the person.". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 11 Interpretation
11. Section 59 of the Principal Act is amended by inserting after the definition of "deserted wife" in subsection (1) the following definition:
"'former class B widow' means a widow to whom paragraph 60 (1) (b) of this Act, as in force immediately before 1 July 1987, applied at that time;".
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 12 Qualifications for widow's pension
12. Section 60 of the Principal Act is amended:
(a) by omitting paragraph (1) (b) and substituting the following paragraph:
"(b) a widow who does not have a dependent child and who:
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(i) immediately before 1 July 1987 was in receipt of a widow's pension and is a former class B widow; (ii) on 1 July 1987 had attained the age of 45 years and was in receipt of a supporting parent's benefit or a widow's pension as a class A widow on that day or commences to receive such a benefit or pension after that day; or (iii) on 1 July 1987, had attained the age of 50 years; or"; and (b) by inserting in paragraph (2) (a) "and is under the age of 16 years" after "woman". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 13 Interpretation
13. Section 83AAA of the Principal Act is amended by inserting "under the age of 16 years" after "dependent child" in the definition of "supporting parent" in subsection (1).
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 14 Payment of allowance
14. Section 88 of the Principal Act is amended by inserting in paragraph (5) (b) "within the period of 4 weeks" before "after".
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 15
15. Section 99 of the Principal Act is repealed and the following sections are substituted:
Income test for family allowances "99. (1) In this section: 'last year of income', in relation to a person in relation to a particular 'income threshold', in relation to a person in relation to a particular time, means the year of income of the person that ended on 30 June in the preceding calendar year; time, means the sum of: (a) $50,000; and (b) if a family allowance would, apart from this section, be payable to the person at that time in respect of more than one child and at least one of those children is under the age of 18 years: (i) in a case where one or more of those children has attained the age of 18 years - $2,500 for each of those children who is under the age of 18 years; or (ii) in any other case - $2,500 multiplied by one less than the number of those children; 'taxable income' has the same meaning as in the Income Tax Assessment Act 1936; 'year of income' has the same meaning as in the Income Tax Assessment Act 1936. "(2) A reference in this section to the taxable income of a person for a particular year of income, being a person who is a married person, is a reference to the sum of the taxable income of the person for that year of income and the taxable income of the person's spouse for that year of income.
"(3) Subject to subsection (4), where:
(a) apart from this section, a family allowance would be payable to a person in respect of a child or children in respect of a family allowance period commencing on or after 15 October 1987; and (b) the taxable income of the person for the last year of income of the person exceeds the income threshold in relation to the person; the total amount of family allowances that would, apart from this section, be payable to the person in respect of that child or those children in respect of that family allowance period shall be reduced by an amount equal to one twelfth of 25% of the excess referred to in paragraph (b). "(4) For the purposes of subsection (3), the amount referred to in paragraph (3) (b) shall, if that amount is not a multiple of 5 cents, be reduced to the nearest multiple of 5 cents.
"(5) The reference in subsection (3) to the total amount of family allowances that would, apart from this section, be payable to a person in respect of a child or children does not include a family allowance payable to the person in respect of a child who is under the age of 16 years if the circumstances referred to in a paragraph of subsection 98 (2) are applicable in relation to the child.
"(6) Subsection (3) does not affect the grant, or the payment, on or after 15 October 1987, of a family allowance in respect of any family allowance period ending before that day.
"(7) Where:
(a) subsection (3) applies to a person; (b) the person makes a request in writing in accordance with a form approved by the Secretary that this subsection apply to the person; and (c) the taxable income of the person for the year of income following the last year of income of the person is, or is likely to be, at least 25% less than the taxable income of the person for that last year of income; that following year of income shall be used in calculating the total amount of family allowances payable to the person under subsection (3) during the period commencing at the beginning of the first family allowance period after the request is received by the Department and ending on 14 January in the calendar year following the calendar year in which the request is so received. "(8) Notwithstanding the definition of 'last year of income' in subsection
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(1), this section has effect in relation to the period commencing on 15 October 1987 and ending on 14 December 1989 as if references in this section to the last year of income of a person were references to the year of income commencing on 1 July 1986. "(9) A reference in the definition of 'income threshold' in subsection (1) to a child under the age of 18 years includes a reference to a child who has attained that age and to whom the circumstances referred to in a paragraph of subsection 98 (2) are applicable.
Indexation of family allowance income test "99AA. (1) In this section: 'indexation amount' means the amounts specified in the definition of 'income threshold' in subsection 99 (1); 'index number', in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter; 'index year' means the period of 12 months commencing on 15 January 1989 and each succeeding period of 12 months. "(2) Subject to subsection (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section. "(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to the index number published in terms of the new reference base.
"(4) Where the factor ascertained under subsection (5) in relation to an index year is greater than one, section 99 has effect as if for each indexation amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor:
(a) in a case to which paragraph (b) does not apply - the indexation amount; or (b) if, by virtue or another application or other applications of this section, section 99 has effect as if another amount or amounts were substituted for that indexation amount - the substituted amount or the last substituted amount. "(5) The factor to be ascertained for the purposes of subsection (4) in relation to an index year is the number (calculated to 3 decimal places) ascertained by dividing the index number for the June quarter immediately preceding that index year by the index number for the June quarter immediately preceding that first-mentioned June quarter.
"(6) Where the factor ascertained in accordance with subsection (5) in relation to an index year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained in accordance with that subsection in relation to that year shall be taken to be the factor calculated to 3 decimal places in accordance with that subsection and increased by 0.001.
"(7) Where, apart from this subsection, the application of this section would result in an indexation amount being increased to an amount including a number of cents, the last-mentioned amount shall be increased to the nearest whole dollar.".
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 16 Date from which family allowance payable
16. Section 102 of the Principal Act is amended:
(a) by omitting paragraph (1) (a) and substituting the following paragraph:
"(a) if the person was qualified to receive a family allowance on the first day of the family allowance period during which the person lodged a claim for the family allowance - from the commencement of that family allowance period; or"; and (b) by omitting subsection (3) and substituting the following subsection: "(3) A family allowance granted to an institution is payable from and including the day on which the claim for the family allowance was lodged.". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 17 Rate of unemployment and sickness benefit
17. Section 112 of the Principal Act is amended by omitting paragraph (1) (c) and substituting the following paragraphs:
"(c) where the beneficiary is an unmarried person and has a dependant - $106.20 per week; (ca) where the benefit is a sickness benefit and the beneficiary is an unmarried person who has attained the age of 18 years and has no dependants - $106.20 per week; or". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 18
18. Before section 117 of the Principal Act the following section is inserted:
Statements by employers "116. (1) In this section: 'employment' includes a contract for services.
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"(2) Where, on or after 1 September 1987, a person's employment with a former employer ceases, the person may request the former employer to provide to the person, in a form approved by the Secretary, a statement in relation to that employment. "(3) Where a person makes a request of a former employer of the person under subsection (2), the former employer shall, as soon as practicable, comply with the request.
Penalty for a contravention of this subsection:
(a) in the case of a natural person - $2,000 or imprisonment for one year, or both; or (b) in the case of a body corporate - $10,000.". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 19 Waiting period
19. Section 119 of the Principal Act is amended: (a) by omitting from subsection (1) "Subject to subsection (1A), an" and substituting "An"; (b) by omitting subsection (1A); (c) by omitting from subsection (2) "Subject to subsection (2A), a" and substituting "A"; (d) by omitting from subsection (2) "13 weeks" and substituting "5 weeks"; (e) by omitting subsections (2A), (3), (3A) and (4) and substituting the following subsection: "(3) If a claim for sickness benefit is not lodged within the time specified in subsection (2), the benefit is payable from and including the day on which the claim is lodged."; (f) by omitting from paragraph (5) (c) "13 weeks" and substituting "4 weeks"; and (g) by omitting paragraph (5) (d) and substituting the following paragraph: "(d) in any other case - from and including the day on which a claim for the benefit is lodged.". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 20 Unemployment benefit not payable in certain cases
20. Section 120 of the Principal Act is amended:
(a) by inserting in subsection (2) ", subject to subsection (3)," after "shall"; and (b) by adding at the end the following subsection: "(3) Where: (a) paragraph (1) (a), (b), (c) or (d) applies to a person at a particular time; and (b) paragraph (1) (a), (b), (c) or (d) applied to the person (whether before or after the commencement of this subsection) within the period of 3 years before that time; the period in respect of which an unemployment benefit is not payable shall be 4 weeks plus 2 weeks for each additional occasion on which paragraph (1) (a), (b), (c) or (d) applied to the person during that period of 3 years, but not more than 12 weeks.". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 21 Persons leaving full time education
21. Section 120A of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:
"(1) Subject to subsection (2), where a person who is undertaking a course of education on a full time basis ceases to undertake that course on or after 1 September 1987 and makes a claim for unemployment benefit, unemployment benefit is not payable to the person in respect of any period of unemployment during:
(a) if the person is an unmarried person who is under the age of 21 years and has no dependants - the period of 13 weeks commencing on the day on which the person registers with the Commonwealth Employment Service as being unemployed; or (b) in any other case - the period of 6 weeks after that day. "(2) Subsection (1) does not apply to a person if the person satisfies the Secretary that the person has, at any time, been employed on a full time basis for a period of not less than 13 weeks or for 2 or more periods the aggregate of which is not less than 13 weeks.
"(2A) For the purposes of subsection (1) of this section and section 107, where a person to whom subsection (1) of this section applies registers with the Commonwealth Employment Service as being unemployed within 4 weeks of ceasing to undertake the course of education, the person shall be deemed to have become registered with the Commonwealth Employment Service as being unemployed on the day on which the person ceased to undertake the course.".
SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 22
22. Section 127 of the Principal Act is repealed and the following section is substituted:
Period for which special benefit payable "127. A special benefit is payable: (a) from a day, not being earlier than the day on which the claim for special benefit was lodged; and (b) for a period; determined by the Secretary.". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 23
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Making and lodgment of claims etc.
23. Section 135TB of the Principal Act is amended:
(a) by omitting from paragraph (3) (b) "3 months" and substituting "one month"; and (b) by omitting from paragraph (4) (b) "3 months" (wherever occurring) and substituting "one month". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 24 Manner of payment etc.
24. Section 135TC of the Principal Act is amended by adding at the end the following subsection:
"(5) Where:
(a) an order of a court in the nature of a garnishee order or an order for attachment comes into force after the commencement of this subsection in respect of an account maintained by a person (whether alone or jointly or in common with another person) with a financial institution, being an account to which money received on deposit is credited; and (b) instalments or payments of a pension, benefit or allowance that is payable to the person under this Act (whether on his or her own behalf or on behalf of another person) are being paid to the credit of that account; the order shall be deemed not to apply to an amount equal to the sum of the amounts of that pension, benefit or allowance paid to the credit of that account in the period of 4 weeks before the time when the order came into force in respect of that account reduced by an amount equal to the sum of the amounts withdrawn from that account during that period.". SOCIAL SECURITY AND VETERANS' ENTITLEMENTS AMENDMENT ACT 1987 No. 88, 1987 - SECT 25
25. Section 135TD of the Principal Act is repealed and the following section is substituted:
Secretary may take action in relation to money owing to pensioners "135TD. (1) Where a person (in this subsection called the 'pensioner') is indebted to the Commonwealth under or as a result of this Act, the Secretary may, by notice in writing given to a person: (a) by whom any money is due or accruing or may become due to the pensioner; (b) who holds or may subsequently hold money for or on account of the pensioner; (c) who holds or may subsequently hold money on account of some other person for payment to the pensioner; or (d) who has authority from some other person to pay money to the pensioner;