Commonwealth Numbered Acts

NATIONAL HEALTH AMENDMENT ACT (No. 3) 1976 No. 108 of 1976 - SECT 3

3. Section 4 of the National Health Act 1953*2* is amended-

(a) by omitting from sub-section (1) the definition of ''amendment alleviating
the operation of the means test'';

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

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

   (a)  the wife of the pensioner;

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

   (c)  a person who-

        (i)    has attained the age of 16 years;

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

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

        (iv)   is wholly or substantially dependent on the pensioner or on the
               wife or husband of the pensioner;'';

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

'' 'pensioner' 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 or a sheltered employment allowance under the
               Social Services Act 1947; or

        (ii)   such a pension or allowance would be payable if the person were
               not a person in receipt of a training allowance under section
               135D of the Social Services Act 1947,

other than such a person who is a prescribed person within the meaning of
section 83CA of the Social Services Act 1947;

   (b)  a person to whom or in respect of whom there is being paid a service
        pension under the Repatriation Act 1920 other than such a person who
        is a prescribed person within the meaning of section 123AB of that
        Act; or

   (c)  a person to whom or in respect of whom there is being paid an
        allowance under the Tuberculosis Act 1948;''; and

   (d)  by omitting sub-section (2) and substituting the following
        sub-sections:-

''(2) In the definition of 'dependant' (in relation to a pensioner) in
sub-section (1), a reference to the wife or husband of a pensioner is a
reference to the person, whether legally married to the pensioner 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 pensioner, or the
rate at which pension would be payable to or in respect of the pensioner if
the pensioner were not a person in receipt of a training allowance under
section 135D of the Social Services Act 1947, as the case may be.

''(3) In sub-section (2), 'pension' means-

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

   (b)  a service pension under the Repatriation Act 1920; or

   (c)  an allowance under the Tuberculosis Act 1948.''.