Commonwealth Numbered Acts

SOCIAL SERVICES AMENDMENT ACT 1981 No. 159, 1981 - SECT 22

22. (1) Subject to sub-section (2)-

   (a)  in so far as an amendment made by section 3, 4, 6, 10, 11 or 21 of
        this Act affects instalments of pensions under Part III or Part IV,
        benefits under Part IVAAA or incentive allowances under Part VIIA of
        the Social Services Act 1947, the amendment applies in relation to an
        instalment of pension, benefit or allowance falling due on the first
        pension pay-day after 1 February 1982 and to all subsequent
        instalments; and

   (b)  in so far as an amendment made by section 17 or 19 of this Act affects
        instalments of benefits under Part VII of the Social Services Act
        1947, the amendment applies in relation to every instalment of benefit
        that falls due on or after 1 February 1982.

(2) Subject to sub-section (3), where, but for this sub-section, the
application of an amendment referred to in sub-section (1) (other than the
amendment made by section 21) in relation to-

   (a)  a supplementary assistance allowance that commenced to be payable to a
        person on and from a date before 1 February 1982; or

   (b)  a supplementary assistance allowance that commences to be payable to a
        person immediately on the cessation of a
        supplementary assistance allowance that was, immediately before its
        cessation, a supplementary assistance allowance to which this
        sub-section applied, would result in the
        supplementary assistance allowance ceasing to be payable or being
        payable at the same rate or a reduced rate, then-

   (c)  the Principal Act continues to apply, or applies, in accordance with
        its tenor, in relation to that allowance; and

   (d)  sub-section (1) does not apply in relation to any instalment in which
        that allowance is included.

(3) Sub-section (2) ceases to apply in relation to a supplementary
assistance allowance in relation to a person if-

   (a)  the person ceases to be entitled to supplementary assistance allowance
        in accordance with the Principal Act, as applied by sub-section (2);
        or

   (b)  the application to that supplementary assistance allowance of the
        relevant amendment referred to in sub-section (1) would result in that
        allowance becoming payable at an increased rate.

(4) In so far as an amendment made by section 13 of this Act affects payments
of endowment under Part VI of the Social Services Act 1947, the amendment
applies in relation to the payment of endowment in respect of the endowment
period commencing on 15 December 1981 and to all subsequent payments.

(5) In so far as the amendment made by section 18 of this Act affects
instalments of benefits under Part VII of the Social Services Act 1947, the
amendment applies in relation to every instalment of benefit that falls due on
or after 1 November 1981.

(6) The amendments made by sections 7, 8 and 9-

   (a)  do not affect any pensions under Part III of the Social Services Act
        1947 that were granted before 1 November 1981; and

   (b)  do not apply in relation to the granting of any pensions under that
        Part on or after that date as a result of claims lodged with the
        Department before that date.
(7) In this section, ''supplementary assistance allowance'' means-

   (a)  an allowance by way of supplementary assistance under section 30A or
        65A of the Social Services Act 1947; or

   (b)  a supplementary allowance under section 112A of the Social Services
        Act 1947.
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