Commonwealth Numbered Acts

SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1982 No. 98, 1982 - SECT 27

27. (1) After section 6 of the Principal Act the following section is inserted
in Part I: Certain persons to be disregarded for certain purposes

''6A. (1) For the purposes of the application of this Act-

   (a)  in relation to whether a pension, benefit or allowance is payable, or
        may continue to be payable, to a person under this Act; or

   (b)  in relation to the rate or amount of a pension, benefit or allowance
        payable to a person under this Act, no regard shall be had to another
        person who-

   (c)  has been granted a benefit under Part IVAAA; or

   (d)  is receiving a rehabilitation allowance under Part VIII and who,
        immediately before he became eligible to receive that allowance, was
        eligible to receive a benefit under Part IVAAA.

''(2) A family allowance under Part VI is not payable to an institution in
respect of a person who is an inmate of the institution if the person-

   (a)  has been granted a benefit under Part IVAAA; or

   (b)  is receiving a rehabilitation allowance under Part VIII and who,
        immediately before he became eligible to receive that allowance, was
        eligible to receive a benefit under Part IVAAA.''.

(2) The sub-section 6A (1) (in this sub-section referred to as the
''relevant sub-section'') that is inserted in the Social Security Act 1947 by
sub-section (1) of this section does not apply in relation to-

   (a)  a pension, benefit or allowance payable to a person under that Act if-

        (i)    that pension, benefit or allowance, as the case may be, was
               granted to that person (whether before or after the
               prescribed date) pursuant to a claim lodged before the
               prescribed date; and

        (ii)   that person has not ceased to be eligible or qualified to
               receive that pension, benefit or allowance, as the case may be,
               (otherwise than by virtue of sub-section 135B (3) of that Act)
               since the prescribed date; or

   (b)  a rehabilitation allowance payable to that person under Part VIII of
        that Act the amount of which is calculated by reference to such a
        pension, benefit or allowance, insofar as the relevant sub-section
        would, in relation to another person who is receiving a benefit under
        Part IVAAA of that Act or a rehabilitation allowance under Part VIII
        of that Act, affect the qualification or eligibility of the
        first-mentioned person for that pension, benefit or allowance, as the
        case may be, or the rate or amount of that pension, benefit or
        allowance (including a rehabilitation allowance), as the case may be,
        if that other person-

   (c)  was granted a benefit under Part IVAAA of that Act (whether before or
        after the prescribed date) pursuant to a claim lodged before the
        prescribed date; and

   (d)  has not ceased to be eligible to receive a benefit under Part IVAAA of
        that Act (otherwise than by virtue of sub-section 135B (3) of that
        Act) since the prescribed date.

(3) The sub-section 6A (2) that is inserted in the Social Security Act 1947 by
sub-section (1) of this section does not apply in relation to a family
allowance payable to an institution under that Act where that allowance-

   (a)  was granted (whether before or after the prescribed date) in respect
        of a person who became an inmate of an institution before the
        prescribed date;

   (b)  has not ceased to be payable since the prescribed date; and

   (c)  is payable in respect of a person who is receiving a benefit under
        Part IVAAA of that Act or a rehabilitation allowance under Part VIII
        of that Act, being a person who-

        (i)    was granted a benefit under Part IVAAA of that Act (whether
               before or after the prescribed date) pursuant to a claim lodged
               before the prescribed date; and

        (ii)   has not ceased to be eligible to receive a benefit under Part
               IVAAA of that Act (otherwise than by virtue of sub-section 135B
               (3) of that Act) since the prescribed date.

(4) Where a woman is not qualified to receive widow's pension under Part IV of
the Social Security Act 1947 as a class A widow by virtue of the operation, in
relation to a person who has been granted a benefit under Part IVAAA of that
Act or who is receiving a rehabilitation allowance under Part VIII of that
Act, of the sub-section 6A (1) that is inserted in that Act by sub-section (1)
of this section, section 60 of that Act applies in relation to that widow as
if she does not have the custody, care and control of that person.
(5) In sub-sections (2) and (3) ''prescribed date'' means 1 November 1982 or
the day on which the Social Security Legislation Amendment Act 1982 received
the Royal Assent, whichever is the later.