Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1980 No. 130, 1980 - SECT 13

13. (1) Section 77 of the Principal Act is repealed.

(2) Where a person who was a mental hospital patient immediately before the
commencement of this section ceases to be a mental hospital patient (otherwise
than by reason of death) after the commencement of this section, the person is
entitled to payment of pension in respect of each day in respect of which his
pension was suspended under section 77 of the Principal Act.

(3) In sub-section (2), "day", in relation to a mental hospital patient,
means-

   (a)  where the mental hospital patient was an inmate of the mental hospital
        for a period not exceeding 84 days-any day in that period; or

   (b)  in any other case-any day included in the last 84 days of the period
        during which he was an inmate of the mental hospital.

(4) For the purposes of sub-section (2)-

   (a)  a day before the commencement of this section in respect of which a
        mental hospital patient is paid a pension after the commencement of
        this section shall be deemed not to be a day in respect of which his
        pension was suspended; and

   (b)  where a mental hospital patient has been absent from the mental
        hospital for a continuous period of 4 weeks or more, he shall be
        deemed to cease to be a mental hospital patient at the expiration of
        the period of 4 weeks commencing on the commencement of that absence.