Commonwealth Numbered Acts

REPATRIATION ACTS AMENDMENT ACT (No. 2) 1976 No. 112, 1976 - SECT 12

12. Section 94B of the Principal Act is amended by omitting sub- section (1)
and substituting the following sub-section:-

''(1) Subject to this section, where-

   (a)  a service pensioner is a mental hospital patient; and

   (b)  the rate of his service pension exceeds-

        (i)    unless an allowance under section 98A is payable to him-an
               amount per annum equal to one-third of the maximum rate of age
               pension specified in paragraph (a) of sub-section (1A) of
               section 28 of the Social Services Act 1947, or, if that amount
               per annum is not a multiple of $2.60, the next higher amount
               that is such a multiple; or

        (ii)   if an allowance under section 98A is payable to him-the sum of
               an amount per annum equal to one-third of the maximum rate of
               age pension referred to in sub-paragraph (i) and an amount per
               annum equal to one-fifth of the maximum rate of supplementary
               assistance specified in paragraph (d) of sub-section (3) of
               section 30A of the Social Services Act 1947, or, if the sum of
               those amounts per annum is not a multiple of $2.60, the next
               higher amount per annum that is such a multiple, that part of
               his service pension that is equal to pension at the rate of the
               excess is, by force of this section, suspended in respect of
               the period during which he is a mental hospital patient.''.