Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (NO. 2) 1982 NO. 112 OF 1982 - SECT 24

24. (1) Section 84 of the Principal Act is amended-

(a) by inserting after the definition of ''child'' in sub-section (1) the
following definitions:

'' 'communicated', in relation to a prescription, means communicated directly
or indirectly;

'' 'concessional beneficiary' means-

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

        (i)    there is being paid an age pension, an invalid pension, a
               widow's pension, a supporting parent's benefit or a sheltered
               employment allowance under the Social Security Act 1947; or

        (ii)   such a pension, benefit or allowance 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;

   (b)  a person to whom or in respect of whom there is being paid a service
        pension under the Repatriation Act 1920; or

   (c)  a person, not being a person to whom paragraph (a) or (b) applies, who
        is a disadvantaged person within the meaning of the Health  Insurance
        Act 1973 ,

but does not include a pensioner;

'' 'concessional benefit prescription' means a prescription that, in
accordance with section 84AA, is a prescription in respect of a concessional
beneficiary or of a dependant of a concessional beneficiary;

'' 'dependant' means-

   (a)  in relation to a person, being a concessional beneficiary, to whom
        paragraph (a) or (b) of the definition of 'concessional beneficiary'
        applies-

        (i)    the wife of the person;

        (ii)   a child under the age of 16 years who is in the custody, care
               and control of the person or of the wife or husband of the
               person; or

        (iii)  a person who-

                (A)  has attained the age of 16 years but is under the age of
                     25 years;

                (B)  is receiving full-time education at a school, college or
                     university;

                (C)  is not in receipt of an invalid pension under Part III of
                     the Social Security Act 1947; and

                (D)  is wholly or substantially dependent on the person or on
                     the wife or husband of the person; and

   (b)  in relation to a person to whom paragraph (c) of that definition
        applies, being a disadvantaged person within the meaning of the
        Health  Insurance Act 1973-a person who is, within the meaning of that
        Act, a dependant of that person;'';

   (b)  by inserting after the definition of ''friendly society body'' in
        sub-section (1) the following definition:

'' 'general benefit prescription' means a prescription other than a
concessional benefit prescription or a pensioner benefit prescription;'';

   (c)  by omitting from sub-section (1) the definition of ''pensioner'' and
        substituting the following definition:

'' 'pensioner benefit prescription' means a prescription that, in accordance
with section 84AA, is a prescription in respect of a pensioner or of a
dependant of a pensioner;'';

   (d)  by omitting from sub-section (1) the definition of ''prescribed
        maximum amount''; and

   (e)  by adding at the end thereof the following sub-sections:

''(5) In the definition of 'dependant' in sub-section (1), a reference to the
wife or husband of a person who is a concessional beneficiary to whom
paragraph (a) or (b) of the definition of 'concessional beneficiary' in that
sub-section applies is a reference to the person, whether legally married to
the concessional beneficiary or not, whose income is to be taken into account
for the purpose of determining the rate at which pension is payable to or in
respect of the concessional beneficiary, or the rate at which pension would be
payable to or in respect of the concessional beneficiary if the concessional
beneficiary were not a person in receipt of a training allowance under section
135D of the Social Security Act 1947, as the case may be.

''(6) In sub-section (5), 'pension' means-

   (a)  an age pension, an invalid pension or a sheltered employment allowance
        under the Social Security Act 1947; or

   (b)  a service pension under the Repatriation Act 1920.''.

(2) Section 84 of the Principal Act is amended-

(a) by omitting paragraph (a) of the definition of ''concessional
beneficiary'' in sub-section (1) and substituting the following paragraph:

''(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;'';

   (b)  by omitting sub-sub-paragraph (a) (iii) (C) of the definition of
''dependant'' in sub-section (1) and substituting the following
sub-sub-paragraph:

''(C) 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'';

   (c)  by omitting from sub-section (5) all the words after ''concessional
        beneficiary'' (fourth occurring); and

   (d)  by omitting from paragraph (6) (a) ''or a sheltered employment
        allowance'' and substituting '', a sheltered employment allowance or a
        rehabilitation allowance''.