Social Security and Veterans' Entitlements Amendment Act (No. 2) 1987 (Cth)

Social Security and Veterans' Entitlements Amendment Act (No. 2) 1987

No. 130 of 1987

TABLE OF PROVISIONS

PART I—PRELIMINARY Section 1. Short title 2. Commencement 3. Application provisions 4. Transitional and savings provisions 5. Repeals PART II—AMENDMENTS OF THE SOCIAL SECURITY ACT 1947 6. Principal Act 7. Interpretation 8. Insertion of new section: 3a. Treatment of certain income 9. Pension loans scheme 10. Disposal of income or property 11. Financial hardship 12. Pension reduction amounts 13. Certain persons to be disregarded for certain purposes 14. Certain persons deemed to continue to receive full time education 15. Insertion of new section in Part I: 12a. Earnings credit 16. Rate of remote area allowance 17. Conditions of grant of invalid pension 18. Rate of pension 19. Rent assistance 20. Repeal of section 38 21. Carer's pension 22. Repeal of section 40

TABLE OF PROVISIONS—continued Section 23. Interpretation 24. Repeal of section 57 25. Right to be paid pension outside Australia 26. Pension payable under Reciprocal Agreement 27. Prescribed persons 28. Repeal of Part IX and substitution of new Part: PART IX—FAMILY ALLOWANCE SUPPLEMENT 72. Interpretation 73. Qualification to receive allowance 74. Rate of allowance 75. Claim for allowance 76. Payment of allowance 77. Cessation of allowance 78. Sharing of allowance between 2 persons 29. Qualification for family allowance 30. Family allowance not payable in respect of certain student children 31. Income test for family allowances 32. Date from which family allowance payable 33. Family allowances to cease in certain circumstances 34. Interpretation 35. Qualification for double orphan's pension 36. Repeal of Part XII and substitution of new Part: PART XII—CHILD DISABILITY ALLOWANCE 101. Interpretation 102. Qualification for allowance 103. Temporary absences from home 104. Rate of allowance 105. Day from which allowance payable 106. Reduction for periods in institution 107. Cessation of allowances 108. Allowance periods 109. Notification 37. Insertion of new section in Division 2 of Part XIII: 117a. Job search allowance 38. Rate of unemployment or sickness benefit 39. Indexation of unemployment and sickness benefits 40. Repeal of section 120 and substitution of new section: 120. Rent assistance 41. Insertion of new section: 121a. Parental income test 42. Income and assets test 43. Unemployment benefit not payable in certain cases 44. Repeal of section 127 and substitution of new section: 127. Education leavers 45. Benefit not payable to full time students 46. Reduction in rate of pension 47. Notice to insurers 48. Claims 49. Payment and calculation of instalments of certain pensions 50. Insertion of new section: 160a. Minimum payment 51. Manner of payment etc. 52. Payment of pension etc. during imprisonment etc. 53. Cancellation, suspension or variation of pension etc. 54. Pension etc. to cease to be payable in certain cases 55. Secretary may impose certain requirements 56. Special temporary allowance TABLE OF PROVISIONS—continued Section 57. Rates of certain pensions affected where certain education payments made 58. Recovery of overpayments 59. Extra-territorial operation of certain provisions PART III—AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986 60. Principal Act 61. Interpretation 62. Dependants 63. Repeal of section 12 and substitution of new section: 12. Interpretation 64. Determination of claims and applications 65. Insertion of new section: 24a. Continuation of rates of certain pensions 66. Increased rates of pension in certain cases 67. Capacity to undertake remunerative work 68. Review by Commission 69. Commission may take evidence 70. Reasons for decisions to be given 71. Interpretation 72. Insertion of new section: 35a. Treatment of certain income 73. Rate of veteran's service pension 74. Insertion of new section: 49b. Earnings credit 75. Disposal of property or income 76. Financial hardship 77. Remote area allowance 78. Review of decision etc. 79. Special temporary allowance 80. Prescribed persons 81. Prescribed rate of income and property value 82. Veterans eligible to be provided with treatment 83. Treatment at hospitals and other institutions 84. Clothing allowance 85. Attendant allowance 86. Decoration allowance 87. Recreation transport allowance 88. Commission not bound by technicalities 89. Payments of pensions 90. Repeal of section 123 and substitution of new sections: 123. Interpretation 123a. Payment of pension etc. on death of person 123b. Distribution where deceased leaves valid will 123c. Intestacy 123d. Statutory order of distribution 123e. Non-distributable amounts 91. Review of decisions in respect of pensions and attendant allowances 92. Board not bound by technicalities etc. 93. Applications for review 94. Application of Administrative Appeals Tribunal Act 95. Powers of Commission 96. Trustees for pensioners 97. Recovery of overpayments 98. References to provisions of the Social Security Act as re-numbered and re-lettered PART IV—AMENDMENTS OF THE SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 99. Principal Act 100. Interpretation TABLE OF PROVISIONS—continued Section 101. Duties of Pensions Committees 102. Determinations and assessments by Commission 103. Insertion of new section: 24a. Continuation of rates of certain pensions 104. Allowance for attendant 105. Power to obtain information 106. Application for review 107. Application of Administrative Appeals Tribunal Act 108. Payment of pensions 109. Review by Commission 110. Recovery of overpayments 111. Insertion of new section: 57b. Delegation by Secretary 112. Regulations 113. Schedule 2 114. Amendments relating to Social Security Act as re-numbered and re-lettered PART IV—AMENDMENTS OF THE VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 115. Principal Act 116. Assessment of rate of pension 117. Payment of pension etc. on death of person 118. Insertion of new section in Part IV: 58a. Appropriation 119. References to provisions of the Social Security Act as re-numbered and re-lettered PART V—AMENDMENTS OF THE DEFENCE (RE-ESTABLISHMENT) ACT 1965 120. Principal Act 121. Amendments relating to Social Security Act as re-numbered and re-lettered PART VI—AMENDMENTS OF THE STUDENT ASSISTANCE ACT 1973 122. Principal Act 123. Adjustment of benefit SCHEDULE 1 AMENDMENTS OF THE VETERANS' ENTITLEMENTS ACT 1986 TO SUBSTITUTE REFERENCES TO PROVISIONS OF THE SOCIAL SECURITY ACT 1947 AS RE-NUMBERED AND RE-LETTERED SCHEDULE 2 AMENDMENT OF THE SEAMEN'S WAR PENSIONS AND ALLOWANCES ACT 1940 TO SUBSTITUTE REFERENCES TO PROVISIONS OF THE SOCIAL SECURITY ACT 1947 AS RE-NUMBERED AND RE-LETTERED SCHEDULE 3 AMENDMENTS OF THE VETERANS' ENTITLEMENTS (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) ACT 1986 TO SUBSTITUTE REFERENCES TO PROVISIONS OF THE SOCIAL SECURITY ACT 1947 AS RE-NUMBERED ANDRE LETTERED SCHEDULE 4 AMENDMENTS OF THE DEFENCE (RE-ESTABLISHMENT) ACT 1965 TO SUBSTITUTE PROVISIONS OF THE SOCIAL SECURITY ACT 1947 AS RE-NUMBERED AND RE-LETTERED