Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (NO. 2) 1982 NO. 112 OF 1982 - SECT 14

14. (1) Section 4 of the Principal Act is amended by omitting from sub-section
(5) ''sub-section (6) of section forty AA of this Act'' and substituting
''sub-sections 40AA (5A) and (6)''.

(2) Section 4 of the Principal Act is amended-

   (a)  by omitting '', a sheltered employment allowance or a sickness
benefit'' from sub-paragraph (a) (i) of the definition of ''pensioner'' in
sub-section (1) and substituting ''or a sheltered employment allowance'';

(b) by inserting after paragraph (a) of the definition of ''pensioner'' in
sub-section (1) the following paragraph:

''(aa) a person to whom or in respect of whom-

        (i)    there is being paid a sickness benefit under the Social
               Security Act 1947; or

        (ii)   such a benefit would be payable if the person were not a person
               in receipt of a training allowance under section 135D of the
               Social Security Act 1947;'';

   (c)  by inserting after sub-section (1C) the following sub-sections:

''(1D) Notwithstanding anything in the definition of 'dependant' (in relation
to a pensioner) in sub-section (1), a person to whom or in respect of whom-

   (a)  a supporting parent's benefit under the Social Security Act 1947 is
        being paid; or

   (b)  such a benefit would be payable if the person were not a person in
        receipt of a training allowance under section 135D of the Social
        Security Act 1947,

shall not be taken to be a dependant of another person unless-

   (c)  that benefit was granted pursuant to a claim lodged before the
        prescribed date; and

   (d)  the pension that is being paid to or in respect of the other person,
        or that would, if the other person were not a person in receipt of a
        training allowance is under section 135D of the Social Security Act
        1947, be payable to or in respect of that other person, was granted
        pursuant to a claim lodged before the prescribed date.

''(1E) In sub-section (1D), 'prescribed date' means 1 November 1982, or if the
day on which the Social Security Legislation Amendment Act 1982 receives the
Royal Assent is a later day than 1 November 1982, that later day.''; and

   (d)  by omitting from sub-section (3) ''sub-section (2)'' and substituting
        ''sub-sections (1D) and (2)''.

(3) Section 4 of the Principal Act is amended-

(a) by omitting sub-paragraph (c) (iii) of the definition of ''dependant'' (in
relation to a pensioner) in sub-section (1) and substituting the following
sub-paragraph:

''(iii) is not being paid an invalid pension under Part III of the Social
Security Act 1947 or, in a case where the person is being paid a
rehabilitation allowance under that Act, was not eligible to receive such a
pension immediately before the person became eligible to receive that
allowance; and'';

   (b)  by omitting paragraphs (a) and (aa) of the definition of ''pensioner''
        in sub-section (1) and substituting the following paragraphs:

''(a) a person to whom or in respect of whom there is being paid an age
pension, an invalid pension, a widow's pension, a supporting parent's benefit,
a sheltered employment allowance or a rehabilitation allowance under the
Social Security Act 1947 other than such a person who is a person to whom
paragraph (aa) applies or who is a prescribed person within the meaning of
section 83CA of the Social Security Act 1947;

''(aa) a person-

        (i)    to whom or in respect of whom there is being paid a sickness
               benefit under the Social Security Act 1947; or

        (ii)   who is in receipt of a rehabilitation allowance under the
               Social Security Act 1947 and was, immediately before the person
               became eligible to receive that allowance, eligible to receive
               such a sickness benefit;'';

   (c)  by omitting sub-section (1D) and substituting the following
        sub-section:

''(1D) Notwithstanding anything in the definition of 'dependant' (in relation
to a pensioner) in sub-section (1), a person-

   (a)  to whom or in respect of whom a supporting parent's benefit under the
        Social Security Act 1947 is being paid; or

   (b)  who is in receipt of a rehabilitation allowance under that Act and
        was, immediately before the person became eligible to receive that
        allowance, eligible to receive such a benefit,

shall not be taken to be a dependant of another person unless that benefit was
granted pursuant to a claim lodged before the prescribed date and-

   (c)  unless paragraph (d) applies-the pension that is being paid to or in
        respect of the other person was granted pursuant to a claim lodged
        before the prescribed date; or

   (d)  if the pension that is being paid to or in respect of the other person
        is a rehabilitation allowance under the Social Security Act 1947 and,
        immediately before the person became eligible to receive that
        allowance, the person was eligible to receive another pension-that
        other pension was granted pursuant to a claim lodged before the
        prescribed date.'';

   (d)  by omitting from sub-section (2) all the words after ''pensioner,''
        (fourth occurring); and

   (e)  by omitting from paragraph (3) (a) ''or a sickness benefit'' and
        substituting '', a sickness benefit or a rehabilitation allowance''.

(4) The amendments made by sub-section (2) apply in relation to a person, and
to a person who is a dependant of the first-mentioned person, on and after 1
November 1982, if that day is a day on which an instalment of sickness benefit
or training allowance under the Social Security Act 1947 in respect of the
first-mentioned person falls due, or if it is not, on and after the first day
on which an instalment of such sickness benefit or training allowance falls
due after 1 November 1982.