Commonwealth Numbered Acts

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SOCIAL SERVICES AMENDMENT ACT 1981 No. 159, 1981 - SECT 16

Cessation of pension if circumstances change
16. Section 105F of the Principal Act is amended by adding at the end thereof
the following sub-sections:

''(2) Where a double orphan's pension is payable in respect of a child (other
than a refugee child), that pension ceases to be payable if the person in
receipt of the pension becomes aware that the child has become an adopted
child.

''(3) Where a double orphan's pension is payable in respect of a refugee
child, that pension ceases to be payable if the person in receipt of the
pension becomes aware that-

   (a)  the child has ceased to be a refugee child; or

   (b)  the child has become an adopted child under a law in force in a State
        or Territory of the Commonwealth.

''(4) Subject to sub-section (5), where a double orphan's pension is payable
in respect of a refugee child, that pension ceases to be payable if the person
in receipt of the pension becomes aware of the whereabouts of a parent of the
child, being a parent who is in Australia.

''(5) Sub-section (4) does not apply if-

   (a)  the parent concerned has been convicted of an offence and sentenced to
        imprisonment for life or for a term of years, being a term not less
        than 10 years, and is serving that sentence; or

   (b)  the parent concerned is a mental hospital patient and the
        Director-General is satisfied that he will require care or treatment,
        whether in that hospital or in a similar hospital, for an indefinite
        period.''. 


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