Commonwealth Numbered Acts

Health Acts Amendment Act 1981 No. 118 of 1981 - SECT 6

6. After section 4 of the Principal Act the following sections are inserted:
Disadvantaged persons, being immigrants or refugees

''5. (1) An application for a declaration under this section in relation to an
eligible person-

   (a)  shall be made in writing in accordance with a form approved by the
        Director-General of Social Services; and

   (b)  shall be lodged with the Department of Social Security.

''(2) Where the Director-General of Social Services is satisfied, with respect
to an applicant under sub-section (1), that-

   (a)  the applicant is, or was, an immigrant and entered Australia after 1
        March 1981; or

   (b)  the applicant has, or had, refugee status granted by the Australian
        Government and entered Australia after 1 March 1981, the
        Director-General shall, subject to sub-section (3), declare the person
        to be a disadvantaged person within the meaning of this section in
        respect of a period specified in the declaration, being a period of 6
        months that commenced on the day on which the applicant entered
        Australia (excluding any part of that period earlier than 1 September
        1981).

''(3) Where the Director-General of Social Services is satisfied, with respect
to an applicant under sub-section (1), that-

   (a)  the applicant had ceased to be an immigrant; or

   (b)  the applicant had had his refugee status revoked by the Australian
        Government, before the expiration of the period of 6 months referred
        to in sub-section (2), the period specified in the declaration shall
        not include any period after-

   (c)  the date on which, in the opinion of the Director-General, the
        applicant so ceased to be an immigrant; or

   (d)  the date from which the applicant had his refugee status revoked, as
        the case may be.

''(4) Where the Director-General of Social Services is not satisfied that an
applicant under sub-section (1) meets the requirements of sub-section (2), he
shall refuse to grant the application.

''(5) A declaration under sub-section (2) shall be in writing and notice of it
shall be given to the applicant.

''(6) A refusal under sub-section (4) to grant an application shall be made in
writing and notice of it shall be given to the applicant.

''(7) In this section, 'applicant', in relation to an application under
sub-section (1), means the eligible person to whom the application relates.
Revocation of declaration under section 5

''5A. (1) Where the Director-General of Social Services is satisfied, with
respect to a person in respect of whom there is in force a declaration under
section 5, that-

   (a)  the person has never been, or has ceased to be, an immigrant; or

   (b)  the person has never had refugee status granted by the Australian
        Government or has had his refugee status revoked by the Australian
        Government, the Director-General shall revoke the declaration of the
        person under section  5 as from a date specified in the revocation,
        not being a date earlier than the date on which the revocation is
        made.

''(2) A revocation of a declaration under sub-section (1) does not affect the
operation of the declaration in respect of any period before the date on which
the revocation takes effect.

''(3) A revocation under sub-section (1) shall be in writing and notice of it
shall be given to the person concerned. Disadvantaged persons, being persons
on low incomes

''5B. (1) An application for a declaration under this section in relation to
an eligible person-

   (a)  shall be made in writing in accordance with a form approved by the
        Director-General of Social Services; and

   (b)  shall be lodged with the Department of Social Security.

''(2) Where the Director-General of Social Services is satisfied, with respect
to an applicant under sub-section (1), that the income of the applicant during
the prescribed period was less than the amount of the allowable income in
relation to the applicant, the Director-General shall, subject to sub-section
(5), declare the person to be a disadvantaged person within the meaning of
this section in respect of a period specified in the declaration, being a
period of 6 months that commenced on the last day of the prescribed period
(excluding any part of that period of 6 months that is earlier than 1
September 1981).

''(3) Where, in the period of 13 weeks (or such longer period as the
Director-General of Social Services having regard to all the circumstances of
the case approves) ending on the day on which an application under sub-section
(1) is lodged, a professional service is rendered to, or hospital treatment is
provided for, the applicant or a dependant of the applicant, sub-section (2)
applies in relation to the applicant as if the reference in that sub-section
to the prescribed period included a reference to-

   (a)  the period of 4 weeks ending on the day on which that professional
        service was rendered or that hospital treatment was provided; or

   (b)  if there were 2 or more days on which a professional service was so
        rendered or hospital treatment was so provided-each period of 4 weeks
        that is a period that ended on any one of those days.

''(4) For the purposes of sub-section (3)-

   (a)  any period earlier than 1 September 1981 that is included in the
        period of 13 weeks referred to in that sub-section shall be
        disregarded;

   (b)  the Director-General of Social Services shall not approve a period
        that includes a period earlier than 1 September 1981.

''(5) Where an applicant under sub-section (1) is a person referred to in
sub-section (3), the Director-General of Social Services shall not make a
declaration under sub-section (2) with respect to the applicant by reason that
the applicant satisfied the requirements of that sub-section during any
prescribed period if-

   (a)  there is in force a declaration under sub-section (2) with respect to
        the applicant that was made by reason that the applicant satisfied the
        requirements of that sub-section during an earlier prescribed period;
        or

   (b)  such a declaration would have been made and in force if the
        Director-General had considered the circumstances of the applicant
        during an earlier prescribed period.

''(6) Where-

   (a)  a declaration is to be made under sub-section (2) with respect to an
        applicant by reason that the applicant satisfied the requirements of
        that sub-section during a prescribed period referred to in a paragraph
        of sub-section (3); and

   (b)  having regard to the circumstances of the applicant during any period
        of 4 weeks that ended at any time after the expiration of the
        prescribed period referred to in paragraph (a) and before the date on
        which the application under sub-section (1) was lodged, the
        Director-General of Social Services would have been required, if, at
        the expiration of that period of 4 weeks-

        (i)    the declaration had been in force; and

        (ii)   the Director-General of Social Services had considered the
               circumstances of the applicant during that period of 4 weeks,

to take action under section 5C to revoke the declaration, the declaration
shall be expressed to be in respect of a period that ended at the expiration
of that period of 4 weeks.

''(7) Where the Director-General of Social Services is not satisfied that an
applicant under sub-section (1) meets the requirements of sub-section (2), he
shall refuse to grant the application.

''(8) A declaration under sub-section (2) shall be in writing and notice of it
shall be given to the applicant.

''(9) A refusal under sub-section (7) to grant an application shall be made in
writing and notice of it shall be given to the applicant.

''(10) Where a declaration in force under this section with respect to a
person ceases to have effect at the expiration of the period specified in the
declaration, being a period that expired after the lodging of the application
as a result of which the declaration was made, then, on the last day of the
expired period, the person shall be deemed, for the purposes of this section,
to have made an application under sub-section (1) for a declaration under this
section with respect to the person.

''(11) The regulations may make provision for methods of ascertaining the
income of a person during a period for the purposes of this section, including
methods that have regard to income earned, derived or received, or to be
earned, derived or received, at any time, whether during that period or
otherwise.

''(12) In this section-

'allowable income', in relation to any period of 4 weeks, means-

   (a)  in relation to a person who had a dependant or dependants on the last
        day of that period-4 times, or such other number of times as is
        prescribed, the aggregate of-

        (i)    the amount of the weekly rate of income that, if-

                (A)  the person were, during that period, in receipt of income
                     at that rate or, in the case of a married person, the
                     person and the spouse of the person were, during that
                     period, jointly in receipt of income at that rate;

                (B)  the person (not being a person eligible for unemployment
                     benefit) were otherwise eligible for unemployment
                     benefit;

                (C)  in the case of a married person-any children of the
                     person were disregarded; and

                (D)  in the case of an unmarried person-the person were a
                     married person with no children,

the person's receipt, during that period, of income at that rate would be
sufficient, but no more than sufficient, to prevent him from being entitled to
any unemployment benefit;

        (ii)   $20 or such other amount as is prescribed; and

        (iii)  an amount equal to the product of-

                (A)  the number of the children of the person on the last day
                     of that period; and

                (B)  an amount equal to twice, or such other number of times
                     as is prescribed, the amount of the weekly rate of
                     increase of benefit in respect of a child set out in
                     sub-section 112 (5) of the Social Services Act 1947; or

   (b)  in relation to a person who had no dependants on the last day of that
        period-an amount equal to four times, or such other number of times as
        is prescribed, an amount calculated for the purposes of this
        paragraph, being an amount equal to 60%, or such other percentage as
        is prescribed, of the aggregate of the amount calculated in accordance
        with sub-paragraph (a) (i) and the amount referred to in sub-paragraph
        (a) (ii);

'applicant', in relation to an application under sub-section (1), means the
eligible person to whom the application relates;

'child', in relation to a person, means a child (whether or not under the age
of 16 years) in respect of whom child endowment under Part VI of the Social
Services Act 1947 is payable to the person or to the spouse of the person;

'dependant', in relation to a person, means-

   (a)  the spouse of the person, being a spouse who-

        (i)    where the person is in receipt of unemployment benefit-is a
               dependant of the person for the purposes of Part VII of the
               Social Services Act 1947; or

        (ii)   in any other case-would be a dependant of the person for the
               purposes of Part VII of the Social Services Act 1947 if the
               person were in receipt of unemployment benefit; or

   (b)  a child of the person;

'income' means income within the meaning of Part VII of the Social Services
Act 1947, and includes-

   (a)  a payment under the Social Services Act 1947 (other than a payment of
        child endowment, double orphans' pension, handicapped child's
        allowance or funeral benefit);

   (b)  a pension payable under the Repatriation Act 1920, the Repatriation
        (Far East Strategic Reserve) Act 1956 or the Repatriation (Special
        Overseas Service) Act 1962;

   (c)  a pension that is payable under the law of a country other than
        Australia and, in the opinion of the Director-General of Social
        Services, is similar in character to a pension specified in paragraph
        (b); and

   (d)  a pension payable under the Seamen's War Pensions and Allowances Act
        1940;

'married person', 'unmarried person' and 'spouse' have the same respective
meanings as they have in Part VII of the Social Services Act 1947;

'prescribed period', in relation to an applicant, means the period of 4 weeks
ending on the day on which the application is lodged;

'unemployment benefit' means an unemployment benefit under Part VII of the
Social Services Act 1947.

''(13) Where the weekly rate of income referred to in sub-paragraph (a) (i) of
the definition of 'allowable income' in sub-section (12) includes an amount of
cents, the amount of that weekly rate shall, for the purposes of that
definition, (other than paragraph (b)) be increased by an amount equal to the
amount by which that amount of cents is less than $1.

''(14) For the purposes of the application of sub-paragraph (a) (iii) of the
definition of 'allowable income' in sub-section (12) in relation to an
unmarried person-

   (a)  if that person had one child only on the last day of the relevant
        period of 4 weeks-that fact shall be disregarded; or

   (b)  if that person had 2 or more children on the last day of the relevant
        period of 4 weeks-the number of those children shall be reduced by
        one.

''(15) Where an amount calculated for the purposes of paragraph (b) of the
definition of 'allowable income' in sub-section (12) includes an amount of
cents, the amount so calculated shall, for the purposes of that paragraph, be
increased by an amount equal to the amount by which that amount of cents is
less than $1. Revocation of declaration under section 5B

''5C. (1) Where, at any time, the Director-General of Social Services is
satisfied, with respect to a person in respect of whom there is in force a
declaration under section 5B, that the income of the person, during any period
of 4 weeks that ended within one month of that time, was not less than an
amount equal to 125%, or such other percentage as is prescribed, of the amount
of the allowable income of the person, the Director-General shall revoke the
declaration in respect of the person under section 5B as from a date specified
in the revocation, not being a date earlier than the date on which the
revocation is made.

''(2) For the purposes of sub-section (1), where a dependant of a person in
respect of whom there is in force a declaration under section 5B ceases to be
such a dependant, then-

   (a)  the fact that the dependant has so ceased shall be disregarded unless
        the loss of the dependant continues for a period of 4 weeks; and

   (b)  if that loss does so continue, the dependant shall be deemed to have
        ceased to be a dependant only at the expiration of that period of 4
        weeks.

''(3) A revocation of a declaration under sub-section (1) does not affect the
operation of the declaration in respect of any period before the date on which
the revocation takes effect.

''(4) A revocation under sub-section (1) shall be in writing and notice of it
shall be given to the person concerned.

''(5) In this section, a word or expression defined for the purposes of
section 5B has the same meaning as in that section. Disadvantaged persons,
being persons in receipt of unemployment benefit

''5D. (1) Where-

   (a)  at any time on or after 1 September 1981, a determination is made,
        following an investigation of the income of an eligible person during
        a period, to pay unemployment benefit to the person; and

   (b)  the Director-General of Social Services is satisfied that, in respect
        of that period, the person is not a prescribed person within the
        meaning of section 83CA of the Social Services Act 1947, the
        Director-General shall declare the person to be a disadvantaged person
        within the meaning of this section in respect of a period specified in
        the declaration, being a period of 2 weeks commencing 1 week after the
        expiration of the first-mentioned period (excluding any part of that
        period of 2 weeks earlier than 1 September 1981).

''(2) For the purposes of the application, for the purposes of sub-section (1)
of this section, of section 83CA of the Social Services Act 1947 in relation
to a person in receipt of an unemployment benefit-

   (a)  a reference in that section to income shall be read as a reference to
        income within the meaning of Part VII of the Social Services Act 1947;
        and

   (b)  the unemployment benefit shall be treated as not being income.

''(3) Where, under sub-section (3) of section 107 of the Social Services Act
1947, the Director-General of Social Services treats a person as having been
unemployed throughout a particular period notwithstanding that the person
undertook paid work during the whole or a part of that period, the
Director-General may, for the purposes of the application, for the purposes of
sub-section (1) of this section, of section 83CA of the Social Services Act
1947 in relation to the person, disregard any income of the person that
resulted from that paid work.

''(4) Where a declaration to be made under this section is in respect of a
person in respect of whom no earlier declaration under this section is in
force, the period that would otherwise be specified in the declaration shall
be extended by fixing as its date of commencement-

   (a)  the date of commencement of the period in respect of which the
        unemployment benefit of which he is in receipt is paid; or

   (b)  1 September 1981, whichever is the later date.

''(5) Where, on the making of a determination referred to in sub-section (1)
with respect to an eligible person, the Director-General of Social Services is
not satisfied that, in respect of the relevant period in relation to that
determination, the person was not a prescribed person within the meaning of
section 83CA of the Social Services Act 1947, the Director-General shall
record a decision accordingly.

''(6) A notice of a decision recorded under sub-section (5) shall be given to
the person concerned upon request made by him.

''(7) A declaration under sub-section (1) shall be in writing and notice of it
shall be given to the person concerned.

''(8) In this section, 'unemployment benefit' means unemployment benefit under
Part VII of the Social Services Act 1947. Disadvantaged persons, being persons
in receipt of special benefit

''5E. (1) Where-

   (a)  at any time on or after 1 September 1981, an eligible person is
        granted a special benefit; and

   (b)  the Director-General of Social Services is satisfied that, in respect
        of a period of 2 weeks commencing on the date of the grant, the person
        will not be a prescribed person within the meaning of section 83CA of
        the Social Services Act 1947, the Director-General shall declare the
        person to be a disadvantaged person within the meaning of this section
        in respect of a period specified in the declaration, being a period of
        3 weeks commencing on the date of the grant.

''(2) Where a grant of a special benefit referred to in sub-section (1) is to
operate with effect from a date before the date on which the grant is made,
the period that would otherwise be specified in any declaration under
sub-section (1) resulting from the making of that grant shall be extended by
fixing as the date of commencement of that period-

   (a)  the date with effect from which the special benefit is to be paid; or

   (b)  1 September 1981, whichever is the later date.

''(3) Where-

   (a)  on 1 September 1981, an eligible person is in receipt of a special
        benefit; and

   (b)  the Director-General of Social Services is satisfied that, in respect
        of the period of 2 weeks that ended on 31 August 1981, the person was
        not a prescribed person within the meaning of section 83CA of the
        Social Services Act 1947, the Director-General shall declare the
        person to be a disadvantaged person within the meaning of this section
        in respect of a period specified in the declaration, being a period
        commencing on 1 September 1981 and ending 3 weeks after the date of
        the declaration.

''(4) Where the Director-General of Social Services is satisfied, with respect
to a person in receipt of a special benefit in respect of whom there is in
force a declaration under this section, that, in respect of the period of 2
weeks that ended one week before the expiration of the period specified in the
declaration, the person was not a prescribed person within the meaning of
section 83CA of the Social Services Act 1947, the Director-General shall
declare the person to be a disadvantaged person within the meaning of this
section in respect of a period specified in the declaration, being a period of
2 weeks commencing on the expiration of the period specified in the
first-mentioned declaration.

''(5) Where, at any time after 1 September 1981-

   (a)  a person is paid a special benefit in respect of a period of 2 weeks;
        and

   (b)  at the time of that payment, a declaration under this section in
        respect of the person is not in force, the Director-General of Social
        Services shall consider the circumstances of that person and, if he is
        satisfied that, in respect of a period of 2 weeks that ended a week
        before the date of the payment, the person was not a prescribed person
        within the meaning of section 83CA of the Social Services Act 1947,
        the Director-General shall declare the person to be a disadvantaged
        person within the meaning of this section in respect of a period
        specified in the declaration, being a period of 3 weeks commencing on
        the date of the payment.

''(6) For the purposes of the application, for the purposes of sub-section
(1), (3), (4) or (5) of this section, of section 83CA of the Social Services
Act 1947 in relation to a person in receipt of a special benefit-

   (a)  a reference in that section to income shall be read as a reference to
        income within the meaning of Part VII of the Social Services Act 1947;
        and

   (b)  the special benefit shall be treated as not being income.

''(7) Where, under sub-section (3) of section 107 of the Social Services Act
1947, the Director-General of Social Services treats a person as having been
unemployed throughout a particular period notwithstanding that the person
undertook paid work during the whole or a part of that period, the
Director-General may, for the purposes of the application, for the purposes of
sub-section (1), (3), (4) or (5) of this section, of section 83CA of the
Social Services Act 1947 in relation to the person, disregard any income of
the person that resulted from that paid work.

''(8) Notwithstanding any preceding provision of this section, a period
specified in a declaration under this section in relation to a person shall
not extend beyond the period in respect of which the special benefit payable
to the person is granted.

''(9) Where-

   (a)  on the making of a grant of a special benefit referred to in
        sub-section (1) to an eligible person;

   (b)  on a consideration of the application of sub-section (3) to an
        eligible person who is in receipt of a special benefit on 31 August
        1981; or

   (c)  on a consideration, at any time, of the application of sub-section (4)
        or (5) to an eligible person who is in receipt of a special benefit,
        the Director-General of Social Services is not satisfied that, in
        respect of the relevant period for the purposes of sub-section (1),
        (3), (4) or (5), as the case may be, the person was not a prescribed
        person within the meaning of section 83CA of the Social Services Act
        1947, the Director-General shall record a decision accordingly.

''(10) A notice of a decision recorded under sub-section (9) shall be given to
the person concerned upon request made by him.

''(11) A declaration under sub-section (1), (3), (4) or (5) shall be in
writing and a notice of it shall be given to the person concerned.

''(12) In this section, 'special benefit' means a special benefit under Part
VII of the Social Services Act 1947. Appeals from decisions under sections 5
to 5E (inclusive)

''5F. (1) Section 14 of the Social Services Act 1947 applies in relation to
decisions under sections 5 to 5E (inclusive) of this Act (whether decisions of
the Director-General of Social Services or of his delegates) as if those
decisions were decisions of officers under the Social Services Act 1947, and
the Director-General of Social Services may, in pursuance of that
first-mentioned section, affirm, vary or annul those decisions accordingly.

''(2) Section 15 of the Social Services Act 1947 applies in relation to
decisions under section 5 to 5E (inclusive) of this Act (except decisions of
the Director-General of Social Services) as if those decisions were decisions
of officers under the Social Services Act 1947, and the Director-General of
Social Services may, in pursuance of that first-mentioned section, affirm,
vary or annul those decisions accordingly. Declarations of person to be
disadvantaged person not to overlap

''5G. Nothing in section 5, 5B, 5D or 5E requires the making of a declaration
with respect to a person under any of those sections in respect of any day on
which the person is a disadvantaged person for the purposes of this Act by
virtue of a declaration under one of those sections. Regulations may vary
periods referred to in sections 5 to 5E (inclusive)

''5H. The regulations may provide that section 5, 5A, 5B, 5C, 5D or 5E shall
have effect as if a period of a specified length referred to in that section
were a period of a different length prescribed by the regulations.

Declaration not to be made in respect of dependant

''5J. Nothing in section 5 or 5B permits the making of a declaration with
respect to a person under either of those sections in respect of any day on
which the person-

   (a)  is, or was, a dependant, within the meaning of section 5B, of any
        person; or

   (b)  is, or was, wholly or substantially dependent on a resident of a
        country other than Australia.''.