{"id":"C1973A00103","name":"Social Services Act (No. 4) 1973","slug":"social-services-act-no-4-1973","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"103 of 1973","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2560,"registerId":"commonwealth-C1973A00103-current","compilationNumber":null,"startDate":"2026-03-29","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Services Act (No. 4) 1973","content":"Social Services Act (No. 4) 1973\n\nNo. 103 of 1973\n\nAN ACT\n\nRelating to Social Services.\n\n\\[Assented to 26 September 1973\\]\n\nBE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—\n\nShort title and citation.\n\n1. (1) This Act may be cited as the Social Services Act (No, 4) 1973.\n\n(2) The Social Services Act 1947-1972, as amended by the Social Services Act 1973, the Social Services Act (No. 2) 1973 and the Social Services Act (No. 3) 1973, is in this Act referred to as the Principal Act.\n\n(3) Section 1 of the Social Services Act (No. 3) 1973 is amended by omitting sub-section (4).\n\n(4) The Principal Act, as amended by this Act, may be cited as the Social Services Act 1947-1973.\n\nCommencement.\n\n2. This Act shall come into operation on the day on which it receives the Royal Assent.\n\nParts.\n\n3. Section 5 of the Principal Act is repealed.\n\n  \n\nDefinitions.\n\n4. Section 18 of the Principal Act is amended by omitting paragraph (e) of the definition of “income” and substituting the following paragraphs :—\n\n“(e) a payment under Division 4b of Part III or under Part V, VI, VIa, VII, VIIa or VIII;\n\n“(ea) a benefit under section 98aaa of the Repatriation Act 1920-1973;”.\n\nRate of age or invalid pension (including guardians allowance payable to an unmarried person).\n\n5. Section 28 of the Principal Act is amended—\n\n(a) by omitting from paragraph (a) of sub-section (1a) the words “One thousand one hundred and eighteen dollars” and substituting the words “One thousand one hundred and ninety-six dollars”;\n\n(b) by omitting from paragraph (b) of sub-section (1a) the words “Nine hundred and seventy-five dollars” and substituting the words “One thousand and fifty-three dollars”;\n\n(c) by omitting from sub-section (1b) the words “Two hundred and thirty-four dollars” and substituting the words “Two hundred and sixty dollars”;\n\n(d) by omitting sub-section (1d) and substituting the following sub-section:—\n\n“(1d) In the case of a person to whom sub-section (2aa) applies—\n\n(a) the maximum rate of an age pension or invalid pension shall not be increased by virtue of sub-section (1aa) or (1b) unless he would be eligible to receive an invalid pension under the provisions of this Part (including sub-sections (1aa) and (1b)) if—\n\n(i) he were not a person to whom sub-section (2aa) applies; and\n\n(ii) he were permanently incapacitated for work; and\n\n(b) if he would be so eligible to receive an invalid pension, the amount of any increase under sub-section (1aa) or (1b) or, if both those sub-sections apply in relation to him, the total of the increases under those sub-sections, shall not exceed the maximum amount that could be included in the invalid pension by virtue of sub-section (1aa) or (1b) or of both those sub-sections, as the case may be.”;\n\n(e) by omitting from sub-section (1f) the words “Two hundred and thirty-four dollars” (wherever occurring) and substituting the words “Two hundred and sixty dollars”;\n\n(f) by omitting from sub-section (2) the words “except in the case of a claimant or pensioner who is permanently blind” and substituting the words “subject to sub-section (2aa)”;\n\n  \n\n(g) by inserting after sub-section. (2) the following sub-section:—\n\n“(2aa) Sub-section (2) does not apply in relation to a claimant or pensioner—\n\n(a) who is permanently blind; or\n\n(b) who—\n\n(i) has attained the age of seventy-five years; and\n\n(ii) is in receipt of, or is qualified to receive, an age pension.”; and\n\n(h) by inserting in sub-section (3), after the word “blind” (first occurring), the words “(other than a person who has attained the age of seventy-five years and is in receipt of, or is qualified to receive, an age pension)”;\n\n(i) by omitting from sub-paragraph (ii) of paragraph (a) of subsection (3) the words “Nine dollars” and substituting the words “Ten dollars”; and\n\n(j) by omitting from sub-paragraph (ii) of paragraph (b) of subsection (3) the symbol and figures “$1131” and substituting the symbol and figures “$1157”.\n\nComputation of income.\n\n6. Section 29 of the Principal Act is amended by omitting from paragraph (b) of sub-section (1) the words “or Part VI” and substituting the words “,Part VI or Part VIa”.\n\n7. After Division 4a of Part III the following Division is. inserted:—\n\n“Division 4b—Transitional Benefit for the Aged Blind\n\nTransitional benefit for the aged blind.\n\n“30d. (1) This section applies to a person if—\n\n(a) the person is in receipt of an age pension or an invalid pension;\n\n(b) the person is permanently blind;\n\n(c) the person, being a woman, has attained the age of sixty years or, being a man, has attained the age of sixty-five years; and\n\n(d) the person is not in receipt of a transitional benefit for the aged blind under section 98aaa of the Repatriation Act 1920-1973.\n\n“(2) There is payable to a person to whom this section applies, in addition to his pension, a transitional benefit that, until the Parliament otherwise provides, shall be payable at the rate of One hundred and fifty-six dollars per annum.\n\n“(3) A benefit under this section is payable from a date determined by the Director-General, which may be a date before the date of the determination.\n\n“(4) Where a person in receipt of a benefit under this section ceases to be a person to whom this section applies, the Director-General may cancel the benefit as on and from such date as the Director-General determines.”.\n\n  \n\nStatement of income and property to be furnished when required.\n\n8. Section 44 of the Principal Act is amended by omitting the words “permanently blind person” and substituting the words “person to whom sub-section (2aa) of section 28 applies”.\n\nReceipt of property, &c., to be notified.\n\n9. Section 45 of the Principal Act is amended—\n\n(a) by omitting from sub-section (1) the words “permanently blind person” and substituting the words “person to whom subsection (2aa) of section 28 applies”;\n\n(b) by omitting paragraph (b) of sub-section (2) and substituting the following paragraph:—\n\n“(b) is not a person to whom sub-section (2aa) of section 28 applies; and”;\n\n(c) by omitting sub-paragraph (ii) of paragraph (a) of sub-section (3) and substituting the following sub-paragraph:—\n\n“(ii) is not a person to whom sub-section (2aa) of section 28 applies; and”; and\n\n(d) by omitting from sub-section (7) the words “permanently blind” and substituting the words “a person to whom sub-section (2aa) of section 28 applies”.\n\nCancellation, &c., of pension.\n\n10. Section 46 of the Principal Act is amended by omitting from sub-section (2) the words “permanently blind” and substituting the words “a person to whom sub-section (2aa) of section 28 applies”.\n\nSuspension of pension where allowance granted under Tuberculosis Act.\n\n11. Section 48a of the Principal Act is amended by adding at the end thereof the following sub-section:—\n\n“(2) This section does not apply in relation to a person to whom subsection (2aa) of section 28 applies.”.\n\nInmates of benevolent homes.\n\n12. Section 50 of the Principal Act is amended by omitting paragraph (a) of sub-section (1) and substituting the following paragraph:—\n\n“(a) he shall, so long as he remains an. inmate of the benevolent home, be paid so much of his pension as does not exceed Four hundred and sixteen dollars per annum or, if an allowance under Division 4a is payable to him, Four hundred and sixty-eight dollars per annum;”.\n\nQualifications for widow’s pension.\n\n13. Section 60 of the Principal Act is amended by omitting from sub-section (3) all the words before paragraph (a) and substituting the words “For the purposes of this section, the event by reason of which a woman became a widow”.\n\nRate of widow’s pension (including mother’s allowance payable to Class A widows).\n\n14. Section 63 of the Principal Act is amended by omitting from sub-section (1a) the words “Two hundred and thirty-four dollars” and substituting the words “Two hundred and sixty dollars”.\n\n  \n\nComputation of income.\n\n15. Section 64 of the Principal Act is amended by omitting from paragraph (b) the words “or Part VI” and substituting the words “,Part VI or Part VIa”.\n\nInmates of benevolent homes.\n\n16. Section 80 of the Principal Act is amended by omitting paragraph (a) of sub-section (1) and substituting the following paragraph:—\n\n“(a) she shall, so long as she remains an inmate of the benevolent home, be paid so much of her pension as does not exceed the rate of Four hundred and sixteen dollars per annum or, if an allowance under Division 3a is payable to her, Four hundred and sixty-eight dollars per annum;”.\n\nInterpretation.\n\n17. Section 83a of the Principal Act is amended—\n\n(a) by omitting from paragraph (b) of the definition of “deceased pensioner” in sub-section (1) the words—\n\n“being an amendment alleviating the operation of the means test in relation to that person, made after the date of commencement of the Social Services Act 1968 had not been made”\n\nand substituting the words—\n\n“being—\n\n(i) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Social Services Act 1968; or\n\n(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made”;\n\n(b) by omitting from paragraph (c) of the definition of “deceased pensioner” in sub-section (1) the words—\n\n“being an amendment alleviating the operation of the means test in relation to that person, made after the date of commencement of the Social Services Act 1968 had not been made”\n\nand substituting the words—\n\n“being—\n\n(iii) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Social Services Act 1968; or\n\n(iv) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made”;\n\n  \n\n(c) by omitting from paragraph (a) of the definition of “pensioner” in sub-section (1) the words—\n\n“being an amendment alleviating the operation of the means test in relation to that person, made after the date of commencement of the Social Services Act 1968 had not been made”\n\nand substituting the words—\n\n“being—\n\n(i) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Social Services Act 1968; or\n\n(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made”; and\n\n(d) by omitting from paragraph (b) of the definition of “pensioner” in sub-section (1) the words—\n\n“being an amendment alleviating the operation of the means test in relation to that person, made after the date of commencement of the Social Services Act 1968 had not been made”\n\nand substituting the words—\n\n“being—\n\n(i) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Social Services Act 1968; or\n\n(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made”.\n\nFuneral benefit payable to pensioner.\n\n18. Section 83b of the Principal Act is amended by omitting sub-section (3a) and substituting the following sub-section:—\n\n“(3a) The reference in paragraph (b) of sub-section (3) to a service pension does not include a reference to such a pension that would not be payable if—\n\n(a) any amendment of the Repatriation Act 1920-1968, being—\n\n(i) an amendment alleviating the operation of the means test in relation to the person in receipt of the pension made after the date of commencement of the Repatriation Act 1968; or\n\n(ii) an amendment of a rate of pension, allowance or benefit under Division 5 of Part III made after the date of commencement of the Repatriation Act (No. 3) 1973,\n\nhad not been made; and\n\n  \n\n(b) any amendment of the Social Services Act 1947-1968, being—\n\n(i) an amendment alleviating the operation of the means test in relation to the person in receipt of the pension made after the date of commencement of the Social Services Act 1968; or\n\n(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made.”.\n\n19. After Part VI of the Principal. Act the following Part is inserted:—\n\n“Part VIa—Double Orphans’ Pensions\n\nDefinitions.\n\n“105a. (1) In this Part, unless the contrary intention appears—\n\n‘child’ has the same meaning as in Part VI;\n\n‘double orphan’ means—\n\n(a) a child (other than an adopted child) both of whose parents are dead; or\n\n(b) an adopted child both of whose adoptive parents are dead or, if there was only one adoptive parent, whose adoptive parent is dead.\n\n“(2) For the purposes of a claim for a double orphan’s pension—\n\n(a) where one parent of a child (other than an adopted child) is dead and the whereabouts of the other parent of the child are not known to the claimant, the other parent shall be deemed to be dead; and\n\n(b) where one of two adoptive parents of an adopted child is dead and the whereabouts of the other adoptive parent of the child are not known to the claimant, the other adoptive parent shall be deemed to be dead.\n\nQualification for double orphan’s pension.\n\n“105b. (1) A person or institution that is qualified to receive an endowment under Part VI in respect of a child who is a double orphan is qualified to receive, in addition to that endowment, a double orphan’s pension in respect of that child.\n\n“(2) This section does not apply in. relation to a child in respect of any period during which the child is in receipt of a pension under Table A in Schedule 3 to the Repatriation Act 1920-1973.\n\nRate of pension.\n\n“105c. The rate of a double orphan’s pension in respect of a child is Ten dollars per week.\n\nApplication of Part VI.\n\n“105d. Subject to this Part, Part VI applies in relation to a claim for, or the payment of, a double orphan’s pension as if that pension were an endowment under Part VI.\n\n  \n\nNotification of knowledge of whereabouts of a parent.\n\n“105e. Where—\n\n(a) a person is in receipt of a double orphan’s pension in respect of a child who is a double orphan by reason of the fact that the whereabouts of the surviving parent of the child are not known to that person; and\n\n(b) that person becomes aware of the whereabouts of that surviving parent,\n\nthat person shall, within fourteen days after he so becomes aware, notify a Director accordingly.\n\nPenalty; Forty dollars.\n\nCessation of pension if whereabouts of surviving parent become known.\n\n“105f. A double orphan’s pension that is payable in respect of a child by reason of the fact that the whereabouts of the surviving parent of the child are not known to the person or institution in receipt of the pension ceases to be payable if the whereabouts of that surviving parent become known to that person or institution.\n\nApplication of pension under this Part.\n\n“105g. A double orphan’s pension shall be applied by the person, institution or authority to whom it is payable to the maintenance, training and advancement of the child in respect of whom it is granted.”.\n\nInterpretation.\n\n20. Section 106 of the Principal Act is amended by inserting in paragraph (b) of the definition of “income” in sub-section (1), after the letters “VI”, the letters “, VIa”.\n\nRate of unemployment and sickness benefit.\n\n21. Section 112 of the Principal Act is amended—\n\n(a) by omitting from paragraph (a) of sub-section (1) the words “Twenty-one dollars fifty cents” and substituting the words “Twenty-three dollars”;\n\n(b) by omitting from paragraph (b) of sub-section (1) the words “Eighteen dollars seventy-five cents” and substituting the words “Twenty dollars twenty-five cents”;\n\n(c) by omitting from sub-section (2) the words “Eighteen dollars seventy-five cents” (wherever occurring) and substituting the words “Twenty dollars twenty-five cents”;\n\n(d) by omitting from sub-section (4) the words “Twenty-one dollars fifty cents” (wherever occurring) and substituting the words “Twenty-three dollars”;\n\n(e) by omitting from sub-section (4a) the words “Thirty-seven dollars fifty cents” (wherever occurring) and substituting the words “Forty dollars fifty cents”;\n\n(f) by omitting from sub-section (5) the words “Four dollars fifty cents” and. substituting the words “Five dollars”; and\n\n(g) by omitting from paragraph (c) of sub-section (6) the words “Four dollars fifty cents” and substituting the words “Five dollars”.\n\n  \n\nInterpretation.\n\n22. Section 134 of the Principal Act is amended—\n\n(a) by inserting after the definition of “benefit” the following definition:—\n\n“‘child’ means a child under the age of sixteen years;”; and\n\n(b) by adding at the end thereof the following sub-section;—\n\n“(2) Where a person who is wholly or substantially dependent on a trainee—\n\n(a) has attained the age of sixteen years;\n\n(b) is receiving full-time education at a school, college or university; and\n\n(c) is not in receipt of an invalid pension tinder Part III,\n\nthis Part applies in relation to that trainee as if that person were a child under the age of sixteen years in the custody, care and control of that trainee.”.\n\nEligibility for treatment and training.\n\n23. Section 135a of the Principal Act is amended by omitting from sub-section (2) the words “within a period of three years after the commencement of treatment or training”.\n\nPayments during training.\n\n24. Section 135d of the Principal Act is amended—\n\n(a) by inserting in sub-section (1), after the word “training” (first occurring), the words “(not being training received concurrently with treatment)”;\n\n(b) by omitting from sub-section. (1) the words “at a rate determined in accordance with this section, together with a training allowance at the rate of Four dollars per week” and substituting the words “at rates determined in accordance with this section”;\n\n(c) by inserting after sub-section (2) the following sub-section:—\n\n“(2a) The rate of training allowance payable to a person under sub-section. (1) is—\n\n(a) where the training is, in the opinion of the Director-General, full-time training—Eight dollars per week; or\n\n(b) in any other case—Four dollars per week.”; and\n\n(d) by omitting paragraphs (a) and (b) of sub-section (3) and substituting the following paragraphs:—\n\n“(a) in the case of—\n\n(i) a married trainee; or\n\n(ii) a trainee who is not married but has the custody, care and control of one or more children,\n\nSixteen dollars per week during the period of training; or\n\n(b) in any other case—Ten dollars per week during the period of training.”.\n\nProvision of vocational training for certain widows.\n\n25. Section 135t of the Principal Act is amended—\n\n(a) by omitting from sub-section (5) the words “or allowance” and substituting the words “,allowance or benefit”;\n\n  \n\n(b) by omitting sub-section (6) and substituting the following subsection:—\n\n“(6) While a woman is receiving training under this section she shall be paid a training allowance at the rate of—\n\n(a) where the training is, in the opinion of the Director-General, full-lime training—Eight dollars per week; or\n\n(b) in any other case—Four dollars per week,\n\nin addition to the pension and allowance (if any) that she receives under Part IV or the benefit and allowance (if any) that she receives under Part IVaaa, as the case may be.”; and\n\n(c) by omitting sub-section (10) and substituting the following sub-section:—\n\n“(10) Where the Director-General is satisfied that it is necessary for a woman to live away from her usual place of residence for the purpose of receiving training under this section, he may authorize payment to the woman, in addition to the pension and allowances referred to in sub-sections (5), (6) and (7), of a living away from home allowance during the period of training at a rate not exceeding—\n\n(a) where the woman has the custody, care and control of one or more children—Sixteen dollars per week; or\n\n(b) in any other case—Ten dollars per week.”.\n\nModification of certain other laws.\n\n26. Section 135v of the Principal Act is amended—\n\n(a) by omitting from sub-section (1) the words—\n\n“being an amendment alleviating the operation of the means test in relation to that person, made after the date of commencement of the Social Services Act 1968 had not been made”\n\nand substituting the words—\n\n“being—\n\n(a) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Social Services Act 1968; or\n\n(b) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made”;\n\n(b) by omitting from paragraph (a) of sub-section (2) the words—\n\n“being an amendment alleviating the operation of the test in relation to that person, made after that date had not been made”\n\n  \n\nand substituting the words—\n\n“being—\n\n(i) an amendment alleviating the operation of the means test in relation to that person made after that date; or\n\n(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made”;\n\n(c) by omitting from paragraph (b) of sub-section (2) the words—\n\n“being an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Social Services Act 1968 had not been made”\n\nand substituting the words—\n\n“being—\n\n(i) an amendment alleviating the operation of the means test in relation to that person, made after the date of commencement of the Social Services Act 1968; or\n\n(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made”;\n\n(d) by omitting from paragraph (a) of sub-section (3) the words—\n\n“being an amendment alleviating the operation of the means test in relation to that person, made after that date had not been made”\n\nand substituting the words—\n\n“being—\n\n(i) an amendment alleviating the operation of the means test in relation to that person made after that date; or\n\n(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made”; and\n\n(e) by omitting from paragraph (b) of sub-section (3) the words—\n\n“being an amendment alleviating the operation of the means test in relation to that person, made after the date of commencement of the Social Services Act 1968 had not been made”\n\nand substituting the words—\n\n“being—\n\n(i) an amendment alleviating the operation of the means test in relation to that person made after the date of commencement of the Social Services Act 1968; or\n\n  \n\n(ii) an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973,\n\nhad not been made”.\n\nBenefits to be absolutely inalienable.\n\n27. Section 144 of the Principal Act is amended by adding at the end thereof the following sub-sections:—\n\n“(2) Notwithstanding sub-section (1), the Director-General may, at the request of a pensioner or in accordance with the Income Tax Assessment Act 1936-1973, make deductions from the instalments of the pension payable to the pensioner, and pay the amounts so deducted to the Commissioner of Taxation, for the purpose of enabling the collection of tax that is, or may become, payable by the pensioner.\n\n“(3) In sub-section (2), ‘pension’ includes an allowance or benefit, and ‘pensioner’ has a corresponding meaning.”.\n\nApplication of amendments.\n\n28. (1) In so far as an amendment made by this Act affects instalments of pensions or allowances under the Social Services Act 1947-1973, the amendment applies in relation to an instalment of a pension or allowance falling due on the first pension pay-day or allowance pay-day after the day on which this Act receives the Royal Assent and to all subsequent instalments.\n\n(2) In so far as an amendment made by this Act affects instalments of service pensions under the Repatriation Act 1920-1973, the amendment applies in relation to an instalment of a service pension falling due on the day on which this Act receives the Royal Assent, if that day is a service pension pay-day, or, if it is not, on the first service pension pay-day after that day, and to all subsequent instalments.\n\n(3) In so far as an amendment made by this Act affects instalments of unemployment or sickness benefit, the amendment applies in relation to an instalment of benefit payable in respect of a period that commenced during the period of six days immediately before the day on which this Act receives the Royal Assent and in relation to an instalment of benefit payable in respect of a period that commences on or after that day.\n\nClaims lodged on or before 31 December 1973.\n\n29. (1) Where—\n\n(a) on or before 31 December 1973 a person lodges a claim for an age pension; and\n\n(b) an age pension is granted to that person by virtue of the application in relation to that person of paragraph 28(2aa)(b) of the Principal Act, as amended by this Act,\n\nthe age pension is to be paid from—\n\n(c) in the case of a person in relation to whom that paragraph applies on the prescribed date—the prescribed date; or\n\n  \n\n(d) in any other case—the first pension pay-day after the prescribed date on which that paragraph applies in relation to that person.\n\n(2) In this section, “prescribed date” means the pension pay-day referred to in sub-section 28(1).","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"Section 17 (amending s.83a of the Principal Act) — paragraphs (b) and (d)","severity":"medium","reasoning":"Section 17(b) substitutes sub-paragraphs numbered (iii) and (iv) into paragraph (c) of the 'deceased pensioner' definition, while all other parallel amendments in sections 17(a), (c) and (d) use sub-paragraph numbers (i) and (ii). There is no structural reason why paragraph (c) of 'deceased pensioner' would have differently numbered sub-paragraphs — the numbering (iii) and (iv) appears to be a drafting error that creates an oddly numbered provision inconsistent with the remainder of the section and creates potential interpretive confusion.","confidence":0.82,"description":"The substituted sub-paragraph numbering in the definition amendments uses (i)/(ii) for paragraphs (b) and (d) of the 'deceased pensioner' and 'pensioner' definitions respectively, but the text of section 17(b) — amending paragraph (c) of 'deceased pensioner' — erroneously uses sub-paragraph numbers (iii) and (iv) instead of (i) and (ii), creating an internal numbering inconsistency that does not align with standard legislative drafting convention or with the parallel amendments in sections 17(a), 17(c), and 17(d)."},{"type":"self_contradicting","section":"Section 17 (amending s.83a) — retrospective self-reference","severity":"medium","reasoning":"The Act raises pension rates (ss.5, 14, 21) and then instructs that those very rate increases be treated as if they had not been made for the purpose of calculating whether a person qualifies as a 'deceased pensioner' or 'pensioner' under s.83a. This is internally coherent in legislative purpose (preserving funeral benefit eligibility), but on the commencement date itself the Act refers to its own commencement as the threshold, creating a self-referential loop where the Act modifies rates and simultaneously instructs those modifications to be notionally undone for a separate purpose.","confidence":0.7,"description":"Amendments to the definitions of 'deceased pensioner' and 'pensioner' in s.83a require ignoring 'an amendment of a rate of pension, allowance or benefit made after the date of commencement of the Social Services Act (No. 4) 1973' — but this very Act is the Social Services Act (No. 4) 1973. On the day of commencement, the Act directs administrators to notionally disregard rate amendments introduced by the Act itself when calculating entitlements, meaning the amended rates in sections 5, 14, and 21 of this Act would simultaneously apply for payment purposes and be disregarded for means-assessment purposes."},{"type":"other","section":"Section 29 — 'prescribed date' circular definition","severity":"low","reasoning":"The definition in s.29(2) treats a dynamic future event (the first pension pay-day after Royal Assent) as a defined 'prescribed date', but since the Act had already received Royal Assent on 26 September 1973 by the time it was in force, this is self-resolving in practice. However, the drafting is inelegant and the cross-reference to s.28(1) is potentially confusing as s.28(1) does not actually define or 'refer to' a pay-day by date — it describes a class of pay-days.","confidence":0.65,"description":"Section 29(2) defines 'prescribed date' as 'the pension pay-day referred to in sub-section 28(1)'. However, sub-section 28(1) does not refer to a specific date — it refers to 'the first pension pay-day after the day on which this Act receives the Royal Assent', which is a prospective event rather than a fixed date ascertainable at the time of lodging a claim. The definition of 'prescribed date' thus resolves to a moving reference rather than a definite date."},{"type":"impossible_compliance","section":"Section 30d(3) (inserted Division 4b)","severity":"medium","reasoning":"Granting the Director-General unfettered discretion to backdate a benefit to any date, without any legislative guardrail (such as 'not earlier than the date of the claim' or 'not earlier than the date of commencement of this section'), creates an open-ended retrospective liability on the Commonwealth. This is a structural absurdity — the legislature cannot have intended unlimited retrospectivity, yet the text provides none. It also creates an impossible compliance situation for administrators who have no legislative guidance on the outer limit.","confidence":0.78,"description":"The transitional benefit for the aged blind under s.30d(3) may be paid 'from a date determined by the Director-General, which may be a date before the date of the determination.' This grants an executive officer retrospective payment power with no statutory outer limit on how far back the retrospective date may extend — potentially allowing payment from before this Act commenced, or even before the Principal Act's relevant provisions existed."},{"type":"self_contradicting","section":"Section 105e and 105f (inserted Part VIa)","severity":"high","reasoning":"Section 105f is drafted in absolute terms ('ceases to be payable if the whereabouts... become known') — this operates automatically by law upon the fact of knowledge. Section 105e, however, presupposes continued receipt during a 14-day notification window ('a person is in receipt of a double orphan's pension... and that person becomes aware... shall within fourteen days notify'). If the pension ceases the instant the person becomes aware (per s.105f), then s.105e's notification obligation is triggered at the same moment the entitlement extinguishes, and there is nothing left to notify about — the administrative purpose of notification (enabling the department to cancel the pension) is defeated because the pension has already ended by statute.","confidence":0.85,"description":"Section 105e imposes a 14-day notification obligation on a recipient who 'becomes aware of the whereabouts' of a surviving parent, while s.105f provides that the pension 'ceases to be payable' if the whereabouts 'become known' — without requiring notice or a determination. The pension therefore automatically ceases under s.105f upon knowledge, yet s.105e implies the pension continues for at least 14 days post-knowledge (since it grants time to notify). This creates an absurd situation where the pension is simultaneously ceased by operation of law (s.105f) and still running during the 14-day notification window (s.105e)."},{"type":"other","section":"Section 105b(1) read with 105a — 'double orphan' definition","severity":"low","reasoning":"This is more of a policy absurdity than a logical impossibility, but it is a genuine structural flaw — a truly orphaned child could be denied the additional pension simply because the carer does not meet Part VI endowment criteria. The drafting ties a targeted welfare measure to an unrelated eligibility gate, which may exclude the very children the provision is designed to protect.","confidence":0.6,"description":"The definition of 'double orphan' in s.105a requires both parents to be dead (or, for adopted children, both adoptive parents). Section 105a(2) extends this by deeming a missing parent 'dead'. However, s.105b(1) grants the pension to those 'qualified to receive an endowment under Part VI in respect of a child who is a double orphan' — making the double orphan's pension entirely parasitic on Part VI endowment eligibility. If a person or institution is not eligible for the child endowment under Part VI, they cannot receive the double orphan's pension even if the child genuinely has no surviving parents and is in desperate need, which produces an arbitrary gap in coverage."}],"contradictions":[{"severity":"high","section_a":"Section 105e (notification obligation — 14 days after awareness)","section_b":"Section 105f (pension ceases upon knowledge of whereabouts)","confidence":0.88,"description":"Section 105f provides that the double orphan's pension automatically ceases to be payable the moment the whereabouts of the surviving parent 'become known' to the recipient. Section 105e, however, presupposes that the recipient remains 'in receipt of' the pension while also being aware of the parent's whereabouts, granting them 14 days to notify. These provisions directly contradict each other: 105f extinguishes the entitlement instantaneously upon knowledge, while 105e treats continued receipt during a post-knowledge notification window as the normal state of affairs."},{"severity":"low","section_a":"Section 28(1) (amending s.28 — application of increased rates from commencement)","section_b":"Section 17 (amending s.83a — directing those same rate increases to be notionally disregarded)","confidence":0.55,"description":"Section 28(1) of the amending Act applies the new increased pension rates from the first pension pay-day after Royal Assent, making them operative and payable. Section 17 simultaneously amends s.83a to require that, for the purpose of calculating funeral benefit eligibility, amendments of pension rates made after commencement of this Act be treated as if they had never been made. This creates a tension where the same rate increases are simultaneously in force for payment purposes and notionally non-existent for means-assessment purposes — though the provisions serve different purposes, the operative effect on the same day of commencement is contradictory."},{"severity":"medium","section_a":"Section 5(h) (amending s.28(3) — excluding persons aged 75+ with age pension from 'permanently blind' concession)","section_b":"Section 5(g) (inserting s.28(2aa) — exempting persons aged 75+ with age pension from means test)","confidence":0.72,"description":"Section 5(g) inserts s.28(2aa)(b), which exempts persons aged 75+ receiving an age pension from the means test (i.e., treats them beneficially like permanently blind persons). Section 5(h) simultaneously amends s.28(3) to exclude that same cohort (persons aged 75+ receiving an age pension) from the specific supplementary benefit concession available to permanently blind persons. The two sub-sections therefore simultaneously extend a general exemption to the 75+ cohort and withdraw a specific concession from that cohort that permanently blind persons retain, creating a complex and potentially inconsistent treatment of overlapping categories."},{"severity":"low","section_a":"Section 8 (amending s.44 — statement of income and property)","section_b":"Section 5(g) (inserting s.28(2aa) — definition of exempt cohort)","confidence":0.5,"description":"Section 8 replaces the reference to 'permanently blind person' in s.44 with 'person to whom sub-section (2aa) of section 28 applies', thereby extending the exemption from the income/property statement requirement to aged 75+ pensioners. However, s.28(2aa) as inserted is a composite provision covering both permanently blind persons (para (a)) and 75+ age pensioners (para (b)). The amendment to s.44 therefore inadvertently ties the procedural exemption to the entirety of s.28(2aa), meaning any future amendment to the scope of s.28(2aa) would automatically alter the s.44 exemption, with no independent legislative consideration — a structural drafting tension between the specific and the generic."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original Social Services Act 1947 was focused primarily on age, invalid, and widow's pensions with basic income support mechanisms. This 1973 amendment notably expands scope in two directions: first, it introduces an entirely new category of payment — the Double Orphans' Pension (Part VIa) — which goes beyond income support for individuals to create a child welfare payment based on parental death status; and second, it introduces a new 'Transitional Benefit for the Aged Blind' as a distinct payment stream. The addition of tax withholding provisions also extends the Act into the intersection of social security and tax administration, a new conceptual territory for the legislation. While still broadly within the social services domain, the Act has grown to cover child welfare, rehabilitation training, veterans' pension interactions, and tax compliance — well beyond the original pension-focused intent."},"complexity_factors":["Heavy reliance on cross-references — virtually every section amends a specific subsection of the Principal Act (Social Services Act 1947-1972), requiring the reader to hold two statutes in mind simultaneously","Repetitive but technically distinct amendment language — Sections 17 and 26 each repeat near-identical substitution text across four or five paragraphs with minor but legally significant variations (e.g. different paragraph lettering and numbering)","Multiple layered conditional logic — e.g. new s.28(1d) and s.28(2aa) create nested eligibility conditions: a person must satisfy age, pension type, blindness status, and income test conditions in combination","New standalone Parts introduced mid-Act (Part VIa on Double Orphans' Pensions, Division 4b on Transitional Benefit for the Aged Blind) with their own internal definitions and cross-references back to other Parts","Transitional provisions (sections 28 and 29) contain time-sensitive conditional logic tied to pay-day cycles and claim lodgement deadlines","Multiple defined terms modified or introduced across different sections without a single consolidated definitions section (e.g. 'child', 'double orphan', 'deceased pensioner', 'pensioner' each defined or redefined in different places)","Interaction with at least two other statutes — the Repatriation Act 1920-1973 and the Income Tax Assessment Act 1936-1973 — creating inter-legislative dependencies","Dollar amounts are stated as fixed figures throughout, requiring comparison with the pre-existing Act text to understand the magnitude of changes"],"plain_english_summary":"## Social Services Act (No. 4) 1973 — Plain English Summary\n\nThis Act is a **package of amendments** to Australia's main social services law (the Social Services Act 1947-1973). It does not stand alone — think of it as a set of updates and improvements to an existing rulebook that governs who receives government payments and how much they get.\n\n---\n\n### Who does it affect?\n\nThis legislation affects a wide range of Australians who receive, or may be eligible to receive, government support payments, including:\n\n- **Age pensioners** (people receiving an old-age government pension)\n- **Invalid pensioners** (people receiving a pension due to permanent incapacity)\n- **Permanently blind people** receiving pensions\n- **Widows** receiving a widow's pension\n- **Double orphans** — children whose both parents (or both adoptive parents) have died\n- **People receiving unemployment or sickness benefits**\n- **People in rehabilitation/vocational training programs**\n- **Inmates of benevolent homes** (government-supported residential care facilities)\n\n---\n\n### What does it do? Key changes:\n\n**1. Pension rate increases**\nSeveral dollar figures in the existing law are replaced with higher amounts, effectively **increasing the rate of age, invalid, and widow's pensions**, as well as guardians' allowances and unemployment/sickness benefits. For example, unemployment benefit rates are lifted (e.g. from $21.50 to $23 per week for some recipients).\n\n**2. Special treatment for people aged 75+ receiving an age pension**\nPeople aged 75 and over who receive (or are eligible for) an age pension are given **the same exemptions from the income and assets \"means test\" (a financial assessment to determine eligibility) as permanently blind people**. This means they do not have to report income or property in the same way as younger pensioners.\n\n**3. New \"Transitional Benefit for the Aged Blind\" (Division 4b)**\nA brand new payment is created — a **\"transitional benefit\"** of $156 per year — payable to permanently blind people of pension age who are already receiving an age or invalid pension. This is an **additional top-up payment** on top of their existing pension.\n\n**4. New \"Double Orphans' Pension\" (Part VIa)**\nA completely **new type of pension** is introduced for children who have lost both parents (or both adoptive parents). The person or institution caring for such a child can receive **$10 per week** on top of any existing child endowment (a family payment). If the whereabouts of a surviving parent are simply *unknown*, that parent is treated as deceased for eligibility purposes — but the carer must notify authorities within 14 days if they later find out where that parent is.\n\n**5. Benevolent home residents — updated payment caps**\nThe maximum pension amount paid to people living in government-supported care homes is updated to **$416 per year** (or $468 if they also receive a carer's allowance).\n\n**6. Vocational training improvements**\nPeople undergoing rehabilitation or vocational training (including widows) get:\n- A **higher training allowance** for full-time training ($8/week, up from $4/week)\n- Clearer rules about **living-away-from-home allowances** for trainees who must relocate\n- An expanded definition of \"child\" for training support purposes — including full-time students up to age 16\n\n**7. Tax deductions from pension payments**\nPreviously, pension payments could not be touched or redirected (they were \"inalienable\" — meaning legally protected from being taken). A new exception is added allowing the **Tax Commissioner to have tax deductions made directly from pension payments**, at the pensioner's request or as required under tax law.\n\n**8. Funeral benefit rules updated**\nThe rules about who qualifies as a \"pensioner\" for funeral benefit purposes are updated to account for recent increases in pension rates — not just means-test changes.\n\n**9. Transitional payment rules**\nDetailed rules are set out for **when** the new and increased payment rates take effect, so that people already receiving payments receive the benefit from the appropriate payment date.\n\n---\n\n### Why does it matter?\n\nThis Act represents a meaningful **expansion of the social safety net** in 1973 Australia. It increases payment rates, creates new entitlements (particularly for blind pensioners and double orphans), and eases administrative obligations for older Australians aged 75 and over. It reflects a broader policy shift toward greater support for vulnerable Australians during the Whitlam Government era."}},"importantCases":[],"_links":{"self":"/api/acts/social-services-act-no-4-1973","history":"/api/acts/social-services-act-no-4-1973/history","analysis":"/api/acts/social-services-act-no-4-1973/analysis","conflicts":"/api/acts/social-services-act-no-4-1973/conflicts","importantCases":"/api/acts/social-services-act-no-4-1973/important-cases","documents":"/api/acts/social-services-act-no-4-1973/documents"}}