Commonwealth Numbered Acts

SOCIAL SECURITY AND REPATRIATION LEGISLATION AMENDMENT ACT 1983 No. 36, 1983 - SECT 9

9. Section 87 of the Principal Act is amended-

   (a)  by omitting sub-section (1B) and substituting the following
        sub-sections:

''(1B) Notwithstanding sub-section (1), where a claimant or pensioner-

   (a)  has attained the age of 70 years;

   (b)  is in receipt of, or is qualified to receive, a service pension; and

   (c)  is-

        (i)    a member of the Forces who is a person referred to in paragraph
               28 (1A) (a) of the Social Security Act 1947, being that
               paragraph in its application to members of the Forces by virtue
               of section 84 or 85 of this Act;

        (ii)   a member of the Forces in relation to whom a determination
               under sub-section 84 (2) of this Act is in force; or

        (iii)  the wife of a member of the Forces, being a wife in relation to
               whom a determination under sub-section 85 (1AA) of this Act is
               in force,

the annual rate at which that pension is granted shall not be less than-

   (d)  if the person is not a married person and has an annual rate of income
        exceeding $10,400-$2,675.40 per annum reduced by one-half of the
        amount per annum by which the annual rate of income of the person
        exceeds $10,400;

   (e)  if the person is a married person and has an annual rate of income
        exceeding $8,658-$2,675.40 per annum reduced by one-half of the amount
        per annum by which the annual rate of income of the person exceeds
        $8,658; or

   (f)  in any other case-$2,675.40 per annum.

''(1C) Notwithstanding sub-section (1), where a claimant or pensioner-

   (a)  has attained the age of 70 years;

   (b)  is in receipt of, or is qualified to receive, a service pension; and

   (c)  is not a person referred to in paragraph (1B) (c),

the annual rate at which that pension is granted shall not be less than-

   (d)  if the person has an annual rate of income exceeding $8,658-$2,230.80
        per annum reduced by one-half of the amount per annum by which the
        annual rate of income of the person exceeds $8,658; or

   (e)  in any other case-$2,230.80 per annum.'';

   (b)  by inserting after sub-section (3) the following sub-section:

''(3AAA) Paragraph (3) (b) shall not be taken into account in the computation
of income for the purposes of sub-section (1B) or (1C).''; and

   (c)  by inserting in sub-section (3A) ''or of sub-section (1B) or (1C) of
this section'' after ''Social Security Act 1947''.