Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1978 No. 128, 1978 - SECT 26

26. Section 96 of the Principal Act is amended-

   (a)  by omitting sub-paragraph (i) of paragraph (b) of sub-section (1) and
        substituting the following sub-paragraph:

''(i) is living in Australia, whether or not he is temporarily absent from
Australia; and''; and

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

''(5) Paragraph (b) of sub-section (1) does not apply in relation to a claim
for an endowment where-

   (a)  the child to whom the claim relates is living outside Australia; and

   (b)  the claimant is living in Australia and the Director-General is
        satisfied that the claimant intends to bring the child to live in
        Australia as soon as it is reasonably practicable to do so.

''(6) An endowment shall not be granted or paid to a person by virtue of
sub-section (5) in respect of a child for any period for which a payment,
similar to an endowment has been, or is being, paid to or in respect of that
child under the law of some other country but, where an endowment would, but
for this sub-section, be payable in respect of a child (in this sub-section
referred to as 'the excluded child'), an endowment in respect of any other
child is, subject to section 103B, payable at the rate that would be
applicable if an endowment were payable in respect of the excluded child.''.