Commonwealth Numbered Acts

HEALTH LEGISLATION AMENDMENT ACT (NO. 2) 1982 NO. 112 OF 1982 - SECT 4

4. (1) Section 3 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 ''eligible
pensioner'' in sub-section (1) and substituting ''or a sheltered employment
allowance'';

(b) by inserting after paragraph (a) of the definition of ''eligible
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 (6) the following sub-sections:

''(7) Notwithstanding anything in the definition of 'dependant' 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 who is an eligible
pensioner 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 under section 135D of the Social Security Act 1947,
        be payable to or in respect of the other person, was granted pursuant
        to a claim lodged before the prescribed date.

''(8) In sub-section (7), '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 (10) ''sub-section (9)'' and substituting
        ''sub-sections (7) and (9)''.

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

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

''(aa) in relation to a person who is a disadvantaged person by virtue of
section 4C-

        (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;'';

   (b)  by omitting from sub-section (7) all the words after ''eligible
        pensioner'' and substituting the following words and paragraphs:

''or who is a disadvantaged person by virtue of section 4C unless that benefit
was granted pursuant to a claim lodged before the prescribed date and-

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

   (d)  in a case where the other person is a disadvantaged person by virtue
        of section 4C-

        (i)    if paragraph 4C (1) (a) applied to the person immediately
               before the day on which the person became such a disadvantaged
               person-the pension that was being paid to or in respect of the
               person was granted pursuant to a claim lodged before the
               prescribed date; or

        (ii)   if paragraph 4C (1) (b) applied to the person immediately
               before the day on which the person became such a disadvantaged
               person-the pension that would, if the person were not a person
               to whom paragraph 4C (1) (b) applied, have been payable to or
               in respect of the person, was granted pursuant to a claim
               lodged before the prescribed date'';

   (c)  by inserting after sub-section (10) the following sub-section:

''(10A) In paragraph (aa) of the definition of 'dependant' in sub-section (1),
a reference to the wife or husband of a person includes a reference to a
person who, although not legally married to the first-mentioned person, is
living with the first-mentioned person as the wife or husband of the
first-mentioned person on a bona fide domestic basis.''; and

   (d)  by inserting in sub-section (13) ''or is a disadvantaged person by
virtue of section 4C in respect of a period,'' after ''period,'' (first
occurring).

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

   (a)  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'';

   (b)  by omitting sub-sub-paragraph (aa) (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 paragraphs (a) and (aa) of the definition of ''eligible
        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;'';

   (d)  by omitting from sub-section (7) the following words and paragraphs:

''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,''

and substituting the following words and paragraphs:

''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,'';

   (e)  by omitting paragraph (7) (c) and substituting the following
        paragraph:
''(c) in a case where the other person is an eligible pensioner-

        (i)    unless sub-paragraph (ii) 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

        (ii)   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; or'';

   (f)  by omitting from sub-section (9) all the words after ''pensioner,''
        (third occurring); and

   (g)  by omitting from paragraph (10) (a) ''or a sickness benefit'' and
        substituting '', a sickness benefit or a rehabilitation allowance''.

(4) The amendments made by sub-section (1) 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.