Commonwealth Numbered Acts

SOCIAL SERVICES ACT (No. 3) 1974 No. 91, 1974 - SECT 22

22. After Part VIA of the Principal Act the following Part is inserted:-



"PART VIB-HANDICAPPED CHILD'S ALLOWANCE Interpretation.

"105H. (1) In this Part, unless the contrary intention appears-

'child' means a person who has not attained the age of 16 years;

'endowment period' means an endowment period determined for the purposes of
Part VI;

'medical practitioner' means a person registered or licensed as a medical
practitioner under a law of a State or Territory that provides for the
registration or licensing of medical practitioners;

'private home' includes lodgings;

'severely handicapped child' means a child who-

   (a)  has a physical or mental disability;

   (b)  by reason of that disability, needs constant care and attention; and

   (c)  is likely to need such care and attention permanently or for an
        extended period.



"(2) For the purposes of this Part-

   (a)  where a husband has the custody, care and control of a child, that
        child shall, except where the husband and his wife are permanently
        living apart, be deemed, for the purposes of this Part, to be in the
        custody, care and control of the wife; and

   (b)  a severely handicapped child shall not be regarded as having ceased-

        (i)    to be in the custody, care and control of a person; or

        (ii)   to reside in the private home of a person,

by reason only of the absence of the child from that person's home for a
continuous period of not more than 30 days. Qualifications for handicapped
child's allowance.

"105J. Subject to this Part, where a person who has the custody, care and
control of a severely handicapped child provides, in a private home that is
the residence of that person and of that child, constant care and attention in
respect of that child, that person is qualified to receive a handicapped
child's allowance in respect of that child. Handicapped child's allowance not
payable in certain circumstances.

"105K. (1) Handicapped child's allowance is not payable in respect of a child
for any period unless, in respect of that period, endowment is, or would but
for sub-section (3) of section 104 be, payable under Part VI in respect of the
child to a person, other than an institution.



"(2) Handicapped child's allowance is not payable in respect of a child for
any day in respect of which benefit is payable in respect of the child under
Division 5 or 5A of Part V of the National Health Act 1953-1974. Claim for
handicapped child's allowance.

"105L. A claim for handicapped child's allowance shall be in the prescribed
form. Rate of handicapped child's allowance.

"105M. The rate of a handicapped child's allowance in respect of a child is
$10 per week. Director-General may require medical examination.

"105N. The Director-General may-

   (a)  at any time during his consideration of a claim for a handicapped
        child's allowance in respect of a child; or

   (b)  at any time when a handicapped child's allowance is payable in respect
        of a child, require that the child be examined by a medical
        practitioner specified by the Director-General. Obligation to notify.

"105P. Where a child who is in the custody, care and control of a person who
receives handicapped child's allowance in respect of that child ceases to
require constant care and attention, that person shall, within 14 days of that
child's ceasing to require that care and attention, notify a Director
accordingly.

Penalty: $40. Cessation of handicapped child's allowance.

"105Q. (1) A handicapped child's allowance granted to a person ceases to be
payable to the person if the person ceases to be qualified to receive it.



"(2) Where a handicapped child's allowance would, but for this sub-section,
cease to be payable during an endowment period, that allowance shall, by force
of this sub-section, cease to be payable at the end of the endowment period.
Application of certain provisions of Part VI.

"105R. Sections 98, 99, 100, 101, sub-sections (1) and (2) of section 102 and
section 104A apply in relation to-

   (a)  a claim for handicapped child's allowance;

   (b)  a payment of handicapped child's allowance; and

   (c)  a person to whom handicapped child's allowance is payable, as if that
        allowance were an endowment under Part VI.".