Commonwealth Numbered Acts

HEALTH INSURANCE AMENDMENT ACT (No. 3) 1976 No. 109 of 1976 - SECT 3

3. Section 3 of the Health Insurance Act 1973*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'' and
substituting the following definition:-

'' 'dependant', in relation to an eligible 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 ''eligible
        pensioner'' and substituting the following definition:-

'' 'eligible 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 adding at the end thereof the following sub-sections:-

''(9) In the definition of 'dependant' in sub-section (1), a reference to the
wife or husband of an eligible 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.

''(10) In sub-section (9), '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.''.