Social Security Amendment Act 1994

1: Short Title and commencement
1: This Act may be cited as the Social Security Amendment Act 1994, and shall be read together with and deemed part of the Social Security Act 1964
2: This Act shall come into force on the day after the day on which it receives the Royal assent.
2: Application
Except as provided in section 8
a: Applications for benefits lodged on or after the date on which this Act comes into force; and
b: Applications for benefits lodged, but which have not been granted, before that date.
3: Interpretation
1: Amendment(s) incorporated in the Act(s).
2: Amendment(s) incorporated in the Act(s).
3: Amendment(s) incorporated in the Act(s).
4: The following enactments are hereby consequentially repealed:
a: Section 3 of the Social Security Amendment Act 1984
b: Section 2 of the Social Security Amendment Act (No 2) 1988
c: Section 14(2) Social Welfare (Transitional Provisions) Act 1990
d: Section 2 of the Social Security Amendment Act (No 5) 1991
e: The Social Security Amendment Act (No 2) 1992
f: Section 2(2) of the Social Security Amendment Act (No 4) 1992
g: Section 2(4) Social Security Amendment Act (No 3) 1993
4: Amendment(s) incorporated in the Act(s).
5: Special benefit
1: Amendment(s) incorporated in the Act(s).
2: The following enactments are hereby consequentially repealed:
a: Section 9 of the Social Security Amendment Act 1981
b: So much of Schedule 2 Social Welfare (Transitional Provisions) Amendment Act (No 2) 1993 section 61G
6: Amendment(s) incorporated in the Act(s).
7: Amendment(s) incorporated in the Act(s).
8: Transitional provisions
1: In this section,— Benefit section 124(1)﻿(d) Mortgage security premises section 61E Specified period and other terms and expressions have the meanings ascribed to them in section 3
2: Subject to subsection (3) of this section
a: The Director-General shall calculate the difference between the amount of the benefit paid during that period and the amount of the benefit that would otherwise have been payable if this Act had been in force during that period:
b: Where the result of the calculation is a deficiency in the payment made, the Director-General shall pay the amount of the deficiency to the beneficiary without further appropriation than this section; but may apply the amount of any such deficiency in reduction of the amount of any excess in the payment made of any other benefit affected by this section:
c: Where the result of the calculation is an excess in the payment made, the Director-General shall write off the amount of that excess under the authority of this section to the extent that it is not offset by the amount of any deficiency of payment of any other benefit affected by this section:
d: The Director-General shall also make such adjustments as are appropriate to the rate of the benefit payable after this Act comes into force.
3: No beneficiary—
a: Who was granted an accommodation supplement and another benefit during the specified period; and
b: Whose rate of accommodation supplement or other benefit during that period was or were affected by reason of any debt insurance payment made to the beneficiary or to some other person on behalf of or for the benefit of the beneficiary, being a payment in respect of the beneficiary's mortgage security over his or her premises,— shall have the total rate of payment that is made to him or her under that accommodation supplement and other benefit reduced by reason only of the coming into force of this Act, but nothing in this subsection shall prevent the Director-General subsequently reviewing the rate of accommodation supplement or other benefit, or both, payable to that beneficiary.
9: Savings
1: Subject to subsection (2) of this section
2: Nothing in subsection (1) of this section
a: Any application under section 10A
b: Any appeal under section 12J
c: Any proceedings in any court in relation to a decision or determination commenced by an applicant or a beneficiary before the 14th day of September 1994 or the decision of the court in any such proceedings.
3: In this section, terms and expressions have the meanings ascribed to them in section 3