{"id":"tas:act-1971-016","name":"Pensioners (Heating Allowances) Act 1971","slug":"pensioners-heating-allowances-act-1971","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"16 of 1971","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110264,"registerId":"tas-act-1971-016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Pensioners (Heating Allowances) Act 1971](/view/html/inforce/2026-04-12/act-1971-016) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> > (1)  *\\[Section 2 Subsection (1) amended by No. 76 of 1975, s. 2 \\]**\\[Section 2 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 \\]*In this Act, unless the contrary intention appears –\n> > \n> > > ***allowance*** means a heating allowance under [section four](#GS4@EN) ;\n> > \n> > > ***eligible pensioner*** means a pensioner who, by virtue of the provisions of [section three](#GS3@EN) , is eligible for the grant of an allowance;\n> > \n> > > ***pensioner*** means a person who is in receipt of –\n> > > \n> > > > > (a) an age pension, a widows' pension or an invalid pension under the *Social Services Act 1947-1970* of the Commonwealth;\n> > > > \n> > > > > (aa) a benefit from the State as a woman who has the custody, care, and control of a child in respect of which benefit the State receives financial assistance as a participating State under the *State Grants (Deserted Wives) Act 1968* of the Commonwealth;\n> > > > \n> > > > > (ab) a benefit under Part IVAAA of the *Social Services Act 1947-1975* of the Commonwealth as a woman who has the custody, care, and control of a child;\n> > > > \n> > > > > (b) a service pension under the *Repatriation Act 1920-1970* of the Commonwealth (being a service pension that is payable at a rate per annum not exceeding the maximum rate per annum that would be applicable to that person under section twenty-eight of the *Social Services Act 1947-1970* of the Commonwealth if he were qualified to receive an age pension under the last-mentioned Act); or\n> > > > \n> > > > > (c) any other pension, annuity, or allowance that the Minister certifies to be, in his opinion, of a similar nature to a pension referred to in [paragraph (a)](#GS2@Gs1@Nd3@Hpa@EN) or [paragraph (b)](#GS2@Gs1@Nd3@Hpb@EN) of this definition (being a pension, annuity, or allowance that is payable at a rate per annum not exceeding the maximum rate per annum that would be applicable to that person under section twenty-eight of the *Social Services Act 1947-1970* of the Commonwealth if he were qualified for an age pension under that Act);\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000\\]*](/view/html/inforce/2000-01-01/act-1999-074#JS2@Ja41@GC1@EN) ***liquid assets***, in relation to a person, means money in hand or in an authorised deposit-taking institution account, money lent by the person to another person (whether on security or otherwise), and money that is invested in the purchase of marketable securities;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja49@GC1@Hpa@EN) ***marketable securities*** means shares, debentures, debenture stock, bonds, notes, and other securities of a body corporate (whether incorporated in this State or elsewhere) and also bonds, notes, inscribed stock, and other securities issued or created by the Government of the Commonwealth or of this State or of another State;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja49@GC1@Hpb@EN) ***spouse***, in relation to a person, includes the person who is in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with that person.\n> \n> > (2)  A reference in this Act to a Commonwealth Act includes a reference to that Act as amended from time to time and to any Commonwealth Act passed in substitution for that Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Eligibility for the grant of an allowance","content":"### 3 Eligibility for the grant of an allowance\n\n> > (1)  *\\[Section 3 Subsection (1) amended by No. 49 of 1976, s. 2 \\]**\\[Section 3 Subsection (1) amended by No. 80 of 1981, s. 3 \\]*Subject to [subsection (3)](#GS3@Gs3@EN) of this section, a pensioner is eligible for the grant of an allowance if –\n> > \n> > > > (a) he is responsible for the payment of the cost of fuel or electricity used for providing heat in the house, flat, or room where he lives;\n> > > \n> > > > (b) his spouse (if any) is a pensioner and each other person who lives with him is either a pensioner or a child who is wholly dependent on him;\n> > > \n> > > > (c) the income of –\n> > > > \n> > > > > > (i) the pensioner;\n> > > > > \n> > > > > > (ii) his spouse (if any); or\n> > > > > \n> > > > > > (iii) any other person referred to in [paragraph (b)](#GS3@Gs1@Hpb@EN) of this subsection –\n> > > > \n> > > > does not exceed $10 a week; and\n> > > \n> > > > (d) the liquid assets of –\n> > > > \n> > > > > > (i) the pensioner do not exceed $1 750;\n> > > > > \n> > > > > > (ii) the pensioner and his spouse do not exceed in total $2 750; or\n> > > > > \n> > > > > > (iii) any other person referred to in [paragraph (b)](#GS3@Gs1@Hpb@EN) do not exceed $1 750.\n> \n> > (2)  For the purposes of [paragraph (c)](#GS3@Gs1@Hpc@EN) of [subsection (1)](#GS3@Gs1@EN) of this section, ***income*** does not include –\n> > \n> > > > (a) such a pension, annuity, or allowance as is referred to in [paragraph (a)](#GS2@Gs1@Nd3@Hpa@EN) , or [paragraph (b)](#GS2@Gs1@Nd3@Hpb@EN) , or [paragraph (c)](#GS2@Gs1@Nd3@Hpc@EN) of [the definition of ***pensioner***](#GS2@Gs1@Nd3@EN) in [subsection (1)](#GS2@Gs1@EN) of section two; or\n> > > \n> > > > (b) any sums paid to a person by way of child endowment under Part VI of the *Social Services Act 1947-1970* of the Commonwealth.\n> \n> > (3)  *\\[Section 3 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 \\]*Notwithstanding [paragraph (b)](#GS3@Gs1@Hpb@EN) of [subsection (1)](#GS3@Gs1@EN) of this section, where the Minister is satisfied, on the report of the Secretary of the Department, that –\n> > \n> > > > (a) a pensioner is not eligible for the grant of an allowance solely by reason of the operation of that paragraph; and\n> > > \n> > > > (b) the pensioner would suffer undue hardship if he is not granted an allowance –\n> > \n> > the Minister may authorize the Secretary of the Department to grant an allowance to the pensioner as if he were an eligible pensioner.\n> \n> > (4)  *\\[Section 3 Subsection (4) added by No. 49 of 1976, s. 2 \\]**\\[Section 3 Subsection (4) amended by No. 80 of 1981, s. 3 \\]**\\[Section 3 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 \\]*Notwithstanding [paragraphs (c)](#GS3@Gs1@Hpc@EN) and [(d)](#GS3@Gs1@Hpd@EN) of [subsection (1)](#GS3@Gs1@EN) , where in the case of a pensioner –\n> > \n> > > > (a) the income of any of the persons referred to in [paragraph (c)](#GS3@Gs1@Hpc@EN) of that subsection exceeds $10 a week; or\n> > > \n> > > > (b) the liquid assets of –\n> > > > \n> > > > > > (i) the pensioner exceed $1 750;\n> > > > > \n> > > > > > (ii) the pensioner and his spouse exceed in total $2 750; and\n> > > > > \n> > > > > > (iii) any other person referred to in [paragraph (b)](#GS3@Gs1@Hpb@EN) of that subsection exceed $1 750 –\n> > \n> > the Minister may, if satisfied on the report of the Secretary of the Department that the pensioner would suffer undue hardship if he is not granted an allowance, authorize the Secretary of the Department to grant an allowance to the pensioner as if he were an eligible pensioner.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Grant of allowances","content":"### 4 Grant of allowances\n\n> > (1)  *\\[Section 4 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 \\]*On the application of a pensioner, the Secretary of the Department, if satisfied that the pensioner is an eligible pensioner, may grant him a heating allowance.\n> \n> > (2)  A heating allowance shall consist of –\n> > \n> > > > (a) thirty dollars; or\n> > > \n> > > > (b) such other sum as may be prescribed –\n> > \n> > and shall be paid in three equal instalments in the months of March, July, and November.\n> \n> > (3)  A heating allowance shall, in the first instance, be granted for one year only, but it may be continued during subsequent years on a fresh application being made in each year.\n> \n> > (4)  An application under this section shall be in the prescribed form.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"False information","content":"### 5 False information\n\n> > (1)  *\\[Section 5 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 \\]*A person who, in an application under [section four](#GS4@EN) (whether made on his own behalf or on behalf of another person), knowingly makes a false statement or furnishes false information is guilty of an offence.\n> > \n> > Penalty:  Fine not exceeding 0·2 penalty units.\n> \n> > (2)  *\\[Section 5 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 \\]*Where a person to whom an allowance has been granted is convicted of an offence under this section, the Secretary of the Department may cancel the allowance.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Regulations","content":"### 6 Regulations\n\n> The Governor may make regulations for the purposes of this Act.","sortOrder":5}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to have remained true to its original purpose — providing heating allowances to Tasmanian pensioners. There is no indication from the material provided of scope creep or significant broadening/narrowing of the Act's intent since 1971, though the Table of Amendments (not provided) would confirm this definitively."},"complexity_factors":["Narrow, single-purpose subject matter (heating allowances for pensioners) keeps complexity low","State-level legislation with limited jurisdictional interplay apparent from the text provided","The Act dates from 1971 and may reference outdated administrative structures or pension definitions requiring cross-referencing with other legislation","Full operative provisions were not provided, so any hidden complexity in eligibility criteria or payment calculations cannot be assessed","References to Administrative Arrangement Orders for the responsible minister adds a minor layer of administrative complexity"],"plain_english_summary":"The Pensioners (Heating Allowances) Act 1971 is a Tasmanian law that provides extra financial help for eligible pensioners to meet home heating costs. It targets people on fixed government pensions who face higher winter expenses in Tasmania’s colder climate.\n\nThe Act has operated since 1971 and remains current; details on eligibility, payments and amendments are in the consolidated text and administrative arrangements."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act as presented reflects later amendments that altered scope and definitions: it adds specific asset-related definitions (\"liquid assets\", \"marketable securities\") and broadens the definition of \"spouse\" to include significant relationships (s2(1)); it creates explicit ministerial/administrative discretion to grant allowances despite failing income or asset tests for cases of undue hardship (s3(3)–(4)); and it provides for prescribed variations to the allowance amount and form requirements (s4(2),(4)). These changes shift some determinations from rigid eligibility rules to administrative discretion and delegated regulation."},"complexity_factors":["Eligibility combines multiple conditions: pension status, responsibility for heating costs, household composition, income cap ($10/week) and liquid-asset caps ($1,750 individual; $2,750 couple) (s3(1)(a)–(d)).","Definitions layer in external Commonwealth statutes and ministerial certification for comparable pensions, widening interpretation questions (s2(1) pensioner definition).","Ministerial and Secretary discretion to override strict eligibility on 'undue hardship' creates case-by-case administrative decision-making (s3(3)–(4)).","Administrative mechanics require annual application in a prescribed form and Secretary satisfaction before grant, creating recurring compliance burden (s4(1),(3),(4)).","Payment mechanics set a fixed sum ($30) or a prescribed alternative and mandate three instalments in March, July and November, tying timing to admin processes (s4(2)).","Offence and enforcement: making false statements attracts a fine and enables cancellation of the allowance, creating deterrence and enforcement steps (s5(1)–(2)).","Regulation-making power and references to 'prescribed' amounts/forms leave scope for delegated rule‑making and future adjustment (s4(2),(4); s6).","Multiple historical amendments and cross-references to other Acts increase interpretive complexity and require checking amending instruments for full effect (s2(2) and amendment notes)."],"plain_english_summary":"This Act provides a small, means-tested heating allowance to pensioners who pay for home heating. Eligibility is based on pension status, responsibility for heating costs, a low weekly income cap and limits on liquid assets; applications are made each year and the allowance is paid in three instalments. The Minister and departmental Secretary can authorize payments in cases of undue hardship, and false information attracts a modest fine and possible cancellation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: providing heating allowances to pensioners. The amendments over 50+ years have been technical updates — adding new pension categories (single mothers' benefits), modernising definitions (expanding 'spouse' to include de facto partners under the Relationships Act 2003), and updating institutional references. There has been no mission creep; the core scheme, eligibility structure, and $30 payment amount remain essentially unchanged since 1971."},"complexity_factors":["Only 6 short sections with straightforward structure","7 defined terms in the interpretation section, mostly simple (allowance, eligible pensioner, pensioner, liquid assets, marketable securities, spouse)","Basic eligibility test with 4 cumulative conditions in s.3(1)","Two explicit carve-outs for 'undue hardship' (s.3(3) and s.3(4)) that override the strict tests","Income definition excludes the pension itself and child endowment (s.3(2)) — simple exclusion","No cross-references to other Acts beyond the standard 'Commonwealth Act includes amendments' clause","Monetary thresholds are fixed amounts ($10/week, $1,750, $2,750) rather than indexed formulas","Single offence provision (s.5) with minimal penalty (0.2 penalty units ≈ $33)","Legislation has been amended multiple times (1975, 1976, 1981, 1990, 1994, 1999, 2003) but amendments are minor updates (adding benefit types, updating definitions, adjusting machinery provisions)"],"plain_english_summary":"**What this law does:**\n\nThis Act provides **heating allowances** — cash payments to help pensioners pay for fuel or electricity to keep warm. It sets out who qualifies, how much they get, and when they get it.\n\n**Who it affects:**\n\n- **Age pensioners**, **widows**, **invalid pensioners**, and certain **service pensioners** (veterans)\n- **Single mothers** receiving specific benefits\n- People whose **spouse or partner** is also a pensioner, and who live with dependent children only\n\n**Key rules to qualify:**\n\n- You must **pay the heating bills** where you live\n- Your **household income** (excluding your pension itself) must be **$10/week or less**\n- Your **savings and investments** (\"liquid assets\") must be below set limits: **$1,750** for a single person, **$2,750** for a couple\n- Generally, everyone in your home must be a pensioner or a dependent child\n\n**Safety valve:**\nEven if you don't meet the strict income or assets tests, the **Minister can approve a payment** if you'd suffer \"undue hardship\" without it.\n\n**How much and when:**\n\n- **$30 per year** (or a different amount set by regulations), paid in **three instalments** in March, July, and November\n- You must **reapply every year**\n\n**Why it matters:**\n\nThis is a **targeted welfare measure** from 1971, designed to help the poorest pensioners afford winter heating. The dollar amounts are frozen in time — $10/week and $1,750 in savings were modest even in the 1970s — suggesting the Act is largely **historical or superseded** by modern Centrelink payments, though it remains on the statute books."}},"importantCases":[],"_links":{"self":"/api/acts/pensioners-heating-allowances-act-1971","history":"/api/acts/pensioners-heating-allowances-act-1971/history","analysis":"/api/acts/pensioners-heating-allowances-act-1971/analysis","conflicts":"/api/acts/pensioners-heating-allowances-act-1971/conflicts","importantCases":"/api/acts/pensioners-heating-allowances-act-1971/important-cases","documents":"/api/acts/pensioners-heating-allowances-act-1971/documents"}}