Social Security and Repatriation Legislation Amendment Act 1984 (Cth)

Social Security and Repatriation Legislation Amendment Act 1984 No. 78 of 1984 TABLE OF PROVISIONS PART I—PRELIMINARY Section 1. Short title 2. Commencement PART II—AMENDMENTS OF THE SOCIAL SECURITY ACT 1947 3. Principal Act 4. Repeal of sections 3 and 4 and insertion of new section: 4. Saving of certain approvals 5. Interpretation 6. Extension of Act to Territory of Cocos (Keeling) Islands and application of Act in relation to external Territories 7. Insertion of new section: 16. Director-General may deem event to have occurred 8. Repeal of section 17a 9. Interpretation 10. Persons eligible for remote area allowance 11. Rate of remote area allowance 12. Interpretation 13. Repeal of section 19 14. Absence from Australia 15. Repeal of section 22 16. Conditions of grant of invalid pension 17. Rate of age or invalid pension 18. Supplementary assistance 19. Repeal of sections 48a, 51 and 52 20. Interpretation 21. Repeal of section 59b 22. Qualifications for widow's pension 23. Absence from Australia 24. Computation of income 25. Repeal of sections 77a and 82 26. Interpretation 27. Student children over the age of 16 years 28. Qualifications for benefit 29. Rate of benefit 30. Pension granted to former resident of Australia, &c. 31. Family allowance not payable in respect of child in receipt of payments under prescribed education scheme 32. Absence from Australia 33. Interpretation 34. Interpretation 35. Interpretation 36. Rate of unemployment and sickness benefits 37. Supplementary allowance 38. Income test 39. Refusal of claim, &c. 40. Waiting period 41. Postponement or cancellation of unemployment benefit in certain cases 42. Receipt of income, &c., to be notified 43. Repeal of sections 133 and 133a 44. Repeal of sections 133p and 133q and substitution of new section: 133p. Allowance not payable to service pensioner 45. Interpretation 46. Rate of rehabilitation allowance 47. Repeal of section 135bb and substitution of new section: 135bb. Allowance not payable to service pensioner 48. Provision of replacements and aids 49. Payment of invalid pension subject to certain conditions 50. Completion of treatment and training 51. Recovery of cost of treatment and training 52. Repeal of section 135ra 53. Arrangements for treatment, &c., for other persons 54. Repeal of section 135t 55. Notification and review 56. Power to obtain information, &c. 57. Insertion of new section: 135tha. Payment of pension, benefit, &c., during term of imprisionment 58. Cancellation, suspension or variation of pension, &c. 59. On death of married person, widow or widower to receive combined pensions for 12 weeks 60. Recovery of overpayments Back to Top 61. Evidence 62. Schedule 63. Minor amendments 64. Application PART III—AMENDMENTS OF THE SOCIAL SECURITY LEGISLATION AMENDMENT ACT 1983 64. Application 65. Principal Act 66. Commencement 67. Sharing of allowance between 2 persons PART IV—AMENDMENTS OF THE REPATRIATION ACT 1920 68. Principal Act 69. Interpretat5ion 70. Supplementary assistance 71. Remote area allowance PART V—AMENDMENTS OF THE AGED OR DISABLED PERSONS HOMES ACT 1954 72. Principal Act 73. Interpretation 74. Payments to approed organizations PART VI—AMENDMENTS OF THE COMPENSATION (COMMONWEALTH GOVERNMENT EMPLOYEES) ACT 1971 75. Principal Act 76. Interpretation 77. Insertion of new section: 24a. Officers to observe secrecy 78. Compensation payable in respect of injuries resulting in total incapacity 79. Compensation payable where damages recoverable 80. Insertion of new section: 114. Indictable offence 81. Double benefits 82. Insertion of new section: 121a. Compensation where prescribed compensation payable payable PART VII—AMENDMENT OF THE HANDICAPPED PERSONS ASSISTANCE ACT 1974 83. Principal Act 84. Approval of projects of maintenance PART VIII—AMENDMENTS OF THE SEAMAN'S COMPENSATION ACT 1911 85. Principal Act 86. Interpretation 87. Schedule 1 SCHEDULE Social Security and Repatriation Legislation Amendment Act 1984 No. 78 of 1984 An Act relating to social security, repatriation and related matters [Assented to 25 June 1984] BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: PART I—PRELIMINARY Short title 1. This Act may be cited as the Social Security and Repatriation Legislation Amendment Act 1984. Commencement 2. (1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent. (2) Section 9 and sub-sections 10 (1) and 11 (1) shall be deemed to have come into operation on 1 May 1984. (3) Section 46 shall be deemed to have come into operation on 27 October 1982. (4) Part III shall be deemed to have come into operation on 24 October 1983. (5) Section 71 shall be deemed to have come into operation on 10 May 1984. (6) Sub-sections 10 (2), 11 (2) and 14 (2), section 19, sub-section 23 (2), sections 25 and 32, sub-sections 35 (2) and 36 (2) and sections 38, 43, 44, 47, 57 and 58 shall come into operation on 1 August 1984. (7) Part V shall come into operation on such date as is fixed by the Minister by notice in the Gazette. PART II—AMENDMENTS OF THE SOCIAL SECURITY ACT 1947 3. The Social Security Act 19471 is in this Part referred to as the Principal Act. 4. Sections 3 and 4 of the Principal Act are repealed and the following section is substituted: Saving of certain approvals "4. For the purposes of this Act— (a) every charitable institution or organization that, immediately prior to the commencement of this Act, was a charitable institution or organization approved by the Minister under the Child Endowment Act 1941 shall be deemed to have been approved by the Director-General under Part VI; and (b) every friendly society that, immediately prior to the commencement of this Act, was a friendly society approved by the Director-General under the Unemployment and Sickness Benefits Act 1944 shall be deemed to have been approved by the Director-General under Part VII.". Interpretation 5. Section 6 of the Principal Act is amended— (a) by inserting before the definition of "Australia" in sub-section (1) the following definitions: "'absent resident' means a person outside Australia who is— (a) a person whose domicile is in Australia, not being a person whom the Director-General is satisfied is a person whose permanent place of abode is outside Australia; or (b) a person who is— (i) an eligible employee for the purposes of the Superannuation Act 1976; or (ii) the spouse of such an employee; 'adopted child' means a child adopted under the law of any place, whether in Australia or not, relating to the adoption of children;"; (b) by inserting after the definition of "Australia" in sub-section (1) the following definition: "'benevolent home' means a home conducted for benevolent purposes which is wholly or partly maintained by contributions from the Consolidated Revenue Fund of the Commonwealth or from the consolidated revenue of a State or of the Northern Territory and is approved by the Director-General for the purposes of this definition;"; (c) by omitting from sub-section (1) the definition of "friendly society"; (d) by inserting before the definition of "medical practitioner" in sub-section (1) the following definition: "'Government rent' means— (a) rent payable to any of the following authorities: (i) The Housing Commission of New South Wales; (ii) the Director, within the meaning of the Housing Act 1983 of the State of Victoria; (iii) The Queensland Housing Commission; (iv) The Corporation of the Director of Aboriginal and Islanders Advancement established by a law of Queensland; (v) the South Australian Housing Trust; (vi) The State Housing Commission estabished by a law of Western Australia; (vii) the Director-General of Housing and Construction holding office under a law of Tasmania; (viii) the Northern Territory Housing Commission; (b) rent payable to the Commonwealth in respect of any accommodation in Glebe in New South Wales; or (c) rent payable to the Commonwealth in respect of any accommodation in the Australian Capital Territory or in the Jervis Bay Territory, other than rent of a kind specified by the Minister, by notice in writing published in the Gazette, for the purposes of this paragraph;"; (e) by omitting from sub-section (1) the definitions of "mental hospital" and "mental hospital patient" and substituting the following definitions: "'mental hospital' means premises that the Director-General is satisfied are premises at which accommodation for mentally ill persons is provided and are declared by the Director-General, in writing, to be a mental hospital for the purposes of this definition; 'mental hospital patient' means— (a) a person who has been admitted to a mental hospital as a patient of the hospital and is shown on the records of the hospital as a patient (other than an out-patient) of the hospital; or (b) a person who is being transferred from one mental hospital to another mental hospital, being a person who, immediately before the transfer began, was a mental hospital patient within the meaning of paragraph (a) at the first-mentioned hospital and who is being so transferred in order to become a mental hospital patient, within the meaning of that paragraph, at that other hospital;"; (f) by inserting after the definition of "officer" in sub-section (1) the following definition: "'rent', in relation to a person, means rent, not being Government rent, in respect of premises, or a part of premises, occupied by the person as the home of the person and includes amounts payable by the person for— (a) lodging or for board and lodging; (b) the use of the site for— (i) a caravan or other vehicle; or (ii) a structure, occupied by the person as the home of the person; or (c) the right to moor a vessel that is occupied by the person as the home of the person;"; and (g) by omitting sub-section (2) and substituting the following sub-section: "(2) If a law of a State or of the Northern Territory alters the name of an authority referred to in the definition of 'Government rent' in sub-section (1), a reference to that authority in that definition shall be construed as a reference to the authority under the new name.". Extension of Act to Territory of Cocos (Keeling) Islands and application of Act in relation to external Territories 6. Section 6c of the Principal Act is amended by adding at the end thereof the following sub-sections: "(2) A reference in— (a) Division 2 (other than section 21a) or Division 3 of Part III; (b) Division 2 of Part IV; or (c) Part IVaaa, to a period of residence in Australia shall be read as including a reference to a period of residence in an area that was, at the time of residence, an external Territory, other than Norfolk Island. "(3) In paragraph 25 (1) (b), a reference to Australia shall be read as including a reference to an area that was, at the time a claimant became permanently incapacitated for work or permanently blind, an external Territory, other than Norfolk Island. "(4) For the purposes of Part III and sub-section 60 (1), continuity of residence of a claimant in Australia shall be deemed not to have been interrupted by absence of the claimant in an external Territory. "(5) In paragraph 60 (1) (d), a reference to Australia shall be read as including a reference to an area that was, at the time of the occurrence of the event by reason of which the claimant became a widow, an external Territory, other than Norfolk Island. "(6) A reference in any of the paragraphs of sub-section 83aac (1) to residence in Australia shall be read as including a reference to residence in an area that was, at the time of the residence, an external Territory, other than Norfolk Island. "(7) In paragraph 83ad (1) (a), a reference to a person who formerly resided in Australia and who has returned to Australia shall be read as including a reference to a person who— (a) formerly resided in an area that was, at the time of the residence, an external Territory; (b) has never resided in Australia; and (c) has arrived in Australia.". 7. After section 15a of the Principal Act the following section is inserted: Director-General may deem event to have occurred "16. Where— (a) the Director-General has, in pursuance of section 14 or 15, annulled a determination, direction, decision or approval; or (b) the Administrative Appeals Tribunal has, in pursuance of section 43 of the Administrative Appeals Tribunal Act 1975, set aside a decision of the Director-General, the Director-General, if in his opinion it is reasonable to do so, may, for the purposes of this Act, deem an event to have occurred, being an event that, in the opinion of the Director-General, would have occurred but for the determination, direction, decision or approval having been made or given, as the case requires.". Repeal of section 17a 8. Section 17a of the Principal Act is repealed. Interpretation 9. Section 17b of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section: "(2) For the purposes of this Part (other than paragraph 17c (3) (b)), where a person whose usual place of residence is situated in the remote area is absent from the remote area for a period, the person shall be taken to be physically present in the remote area during that period or during the first 8 weeks of that period, whichever is the shorter.". Persons eligible for remote area allowance 10. (1) Section 17c of the Principal Act is amended by adding at the end thereof the following sub-section: "(3) Where a person whose usual place of residence is situated in the remote area— (a) is in receipt of— (i) a benefit under Part VII, or an allowance under Part VIII, the rate of which is increased by reference to paragraph 112 (2) (b) or sub-section 112 (4a); or (ii) an allowance under Part VIIa or VIII, the rate of which is calculated having regard to an amount of wife's pension under Part III; (b) is absent from the remote area for a period exceeding 8 weeks; and (c) has a spouse who is physically present in, and whose usual place of residence is situated in, the remote area, the person is eligible to receive a remote area allowance.". (2) Section 17c of the Principal Act is amended by omitting from sub-paragraph (3) (a) (i) "paragraph 112 (2) (b) or sub-section 112 (4a)" and substituting "sub-section 112 (2)". Rate of remote area allowance 11. (1) Section 17d of the Principal Act is amended— (a) by omitting from paragraph (3) (a) "sub-section 112 (2) or (4a)" (wherever occurring) and substituting "paragraph 112 (2) (b) or sub-section 112 (4a)"; (b) by omitting from paragraph (3) (a) "a rehabilitation" and substituting "an"; (c) by omitting from sub-section (3) all the words after "first-mentioned person" and substituting: "is— (c) where sub-section 17c (1) applies-such amount exceeding $12 per fortnight but not exceeding $24 per fortnight; or (d) where sub-section 17c (3) applies-such amount not exceeding $14 per fortnight, as the Director-General determines in writing."; (d) by omitting from paragraph (4) (a) "a rehabilitation allowance under"; (e) by omitting from sub-section (4) "is $24 per fortnight" and substituting: "is— (d) where sub-section 17c (1) applies—$24 per fortnight; or (e) where sub-section 17c (3) applies—$14 per fortnight."; (f) by inserting in sub-section (5) "or (1f)" after "28 (1b)"; (g) by omitting from sub-section (6) all the words after "present in" and substituting "Australia"; and (h) by inserting in paragraph (7) (a) "or (1f)" after "28 (1b)". (2) Section 17d of the Principal Act is amended by omitting from paragraph (3) (a) "paragraph 112 (2) (b) or sub-section 112 (4a)" (wherever occurring) and substituting "sub-section 112 (2)". Interpretation 12. Section 18 of the Principal Act is amended— (a) by omitting the definition of "benevolent home"; (b) by omitting the definitions of "dependent female" and "Government rent" and substituting the following definitions: "'de facto spouse' means a person who is living with another person of the opposite sex as the spouse of that other person on a bona fide domestic basis although not legally married to that other person; "'husband' includes a male de facto spouse;"; (c) by omitting paragraph (e) of the definition of "income" and substituting the following paragraph: "(e) a payment under this Act;"; (d) by omitting "(other than this Act)" from paragraph (f) of the definition of "income"; (e) by omitting from paragraph (1) of the definition of "income" all the words after "Forces"; (f) by omitting the definition of "rent"; and (g) by omitting the definition of "wife" and substituting the following definitions: "'spouse' includes a de facto spouse; "'wife' includes a female de facto spouse.". Repeal of section 19 13. Section 19 of the Principal Act is repealed. Absence from Australia 14. (1) Section 20 of the Principal Act is amended by omitting sub-section (3). (2) Section 20 of the Principal Act is amended— (a) by omitting sub-section (1); and (b) by omitting paragraph (2) (b) and substituting the following paragraph: "(b) while the person was an absent resident.". Repeal of section 22 15. Section 22 of the Principal Act is repealed. Conditions of grant of invalid pension 16. Section 25 of the Principal Act is amended by omitting paragraph (1) (b) and substituting the following paragraph: "(b) in the case of a claimant under section 24, unless he became permanently incapacitated for work or permanently blind while in Australia or during a temporary absence from Australia;". Rate of age or invalid pension 17. Section 28 of the Principal Act is amended by omitting sub-paragraphs (1a) (a) (i) to (iv) (inclusive) and substituting the following sub-paragraphs: "(i) a pension under this Part; (ii) a benefit under Part VII; (iii) an allowance under Part VIIA; (iv) a rehabilitation allowance under Part VIII; (v) a service pension under the Repatriation Act 1920; or (vi) an allowance under section 9 of the Tuberculosis Act 1948". Supplementary assistance 18. Section 30a of the Principal Act is amended— (a) by omitting sub-section (3ab) and substituting the following sub-section: "(3ab) An allowance under this section is not payable to a person during any period during which the spouse of the person, being a spouse who is living with the person in their matrimonial home, is entitled to receive an incentive allowance under section 26 or 133ja."; and (b) by omitting from sub-section (7) "a dependent female and the husband of a dependent female, but does not include a person (other than a dependent female or the husband of a dependent female)" and substituting "a de facto spouse, but does not include a person (other than a de facto spouse)". Repeal of sections 48a, 51 and 52 19. Sections 48a, 51 and 52 of the Principal Act are repealed. Interpretation 20. Section 59 of the Principal Act is amended— (a) by omitting from sub-section (1) the definitions of "benevolent home", "Government rent" and "rent"; and (b) by adding at the end thereof the following sub-section: "(5) For the purposes of this Part, where— (a) a purported marriage that is void has taken place (whether before or after the commencement of this sub-section); (b) the Director-General is of the opinion that the woman who was a party to the purported marriage believed, at the time when the purported marriage took place, that the purported marriage was valid; and (c) the man who was a party to the purported marriage has deserted that woman for a period of not less than 6 months otherwise than in circumstances in which, if that man and that woman had been married, there would have been just cause for that man to desert that woman, that woman shall be deemed to be a deserted wife.". Repeal of section 59b 21. Section 59b of the Principal Act is repealed. Qualifications for widow's pension 22. Section 60 of the Principal Act is amended— (a) by omitting from paragraph (1) (d) "or in an area that was, at the time of that occurrence, an external Territory, other than Norfolk Island"; and (b) by inserting after sub-section (1) the following sub-section: "(1a) Where a woman ceases to be qualified to receive a widow's pension as a class A widow by virtue of the operation of sub-section 6a (1), this section applies in relation to that widow as if— (a) she does not have the custody, care and control of a child; and (b) she has ceased to be qualified to receive that pension by reason of the fact that she no longer has the custody, care and control of a child.". Absence from Australia 23. (1) Section 61 of the Principal Act is amended by omitting sub-section (3). (2) Section 61 of the Principal Act is amended— (a) by omitting sub-section (1); and (b) by omitting paragraph (2) (b) and substituting the following paragraph: "(b) while the person was an absent resident; or". Computation of income 24. Section 64 of the Principal Act is amended by omitting paragraph (d) and substituting the following paragraph: "(d) so much of any amount received by a widow for the maintenance of a child from— (a) her husband or former husband; and (b) the father or mother of the child, as exceeds the rate of $312 per annum shall be included.". Repeal of sections 77a and 82 25. Sections 77a and 82 of the Principal Act are repealed. Interpretation 26. Section 83aaa of the Principal Act is amended— (a) by omitting from sub-section (1) the definition of "adopted child"; and (b) by omitting sub-section (7). Student children over the age of 16 years 27. Section 83aab of the Principal Act is amended by inserting in sub-section (1)", being a person who is a parent or an adoptive parent of the dependant or a person who has, or but for the age of the dependant would have, the custody of the dependant," after "person" (second occurring). Qualifications for benefit 28. Section 83aac of the Principal Act is amended by omitting sub-section (2). Rate of benefit 29. Section 83aae of the Principal Act is amended by omitting paragraph (2) (b) and substituting the following paragraph: "(b) the income of the supporting parent for the purposes of that Part shall be taken to include so much of any amount received by the supporting parent for the maintenance of a child from— (i) the spouse or former spouse of the supporting parent; and (ii) the father or mother of the child, as exceeds the rate of $312 per annum; and". Pension granted to former resident of Australia, &c. 30. Section 83ad of the Principal Act is amended by omitting from paragraph (1) (a) all the words after "Australia" (second occurring). Family allowance not payable in respect of child in receipt of payments under prescribed education scheme 31. Section 95b of the Principal Act is amended by inserting in sub-section (2) "and Youth Affairs" after "Education". Absence from Australia 32. Section 104 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section: "(2) A family allowance shall not be granted or paid by virtue of sub-section (1) unless the person to whom the family allowance is granted or paid is an absent resident.". Interpretation 33. Section 105a of the Principal Act is amended by omitting from sub-section (1) the definition of "adopted child". Interpretation 34. Section 105h of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section: "(2) Where a husband— (a) has the custody, care and control of a child; and (b) is not living permanently apart from his wife, that child shall, except where a handicapped child's allowance is not payable to the wife in respect of that child by reason other than that she does not have custody, care and control of that child, be deemed, for the purposes of this Part, to be in the sole custody, care and control of the wife.". Interpretation 35. (1) Section 106 of the Principal Act is amended— (a) by inserting after the definition of "claimant" in sub-section (1) the following definition: "'de facto spouse' means a person who is living with another person of the opposite sex as the spouse of that other person on a bona fide domestic basis although not legally married to that other person;"; (b) by omitting from sub-section (1) the definitions of "dependent female" and "friendly society" and substituting the following definitions: "'friendly society' means a society— (a) registered or incorporated under a law of a State or of a Territory relating to friendly societies; and (b) approved by the Director-General for the purposes of this definition, and includes any other person who, or body that— (c) in the opinion of the Director-General is similar in character to, and provides benefits similar in nature to the benefits provided by, a friendly society; and (d) is approved by the Director-General for the purposes of this definition; 'husband' includes a male de facto spouse;"; (c) by omitting paragraph (b) of the definition of "income" in sub-section (1) and substituting the following paragraph: "(b) a payment under this Act;"; (d) by omitting "(other than this Act)" from paragraph (c) of the definition of "income" in sub-section (1); (e) by omitting from paragraph (i) of the definition of "income" all the words after "Forces"; (f) by omitting from sub-section (1) the definition of "married person" and substituting the following definition: "'married person' includes a de facto spouse but does not include a person (other than a de facto spouse) who is— (a) a widow; (b) a widower; or (c) a person whose marriage has been dissolved but who has not remarried, and 'spouse' has a corresponding meaning;"; (g) by omitting from sub-section (1) the definitions of "rent" and "Government rent"; (h) by adding at the end of sub-section (1) the following definition: "'wife' includes a female de facto spouse."; and (j) by inserting after sub-section (2) the following sub-section: "(2a) Where a person— (a) is qualified to receive a benefit under this Part; and (b) is entitled to be paid a lump sum of money by the former employer of the person in consequence of the termination of the person's employment, the person shall be deemed to have received the total amount of that lump sum on the date on which that person's employment with the employer was terminated.". (2) Section 106 of the Principal Act is amended by omitting ", (4a)" from the definition of "dependant" in sub-section (1). Rate of unemployment and sickness benefits 36. (1) Section 112 of the Principal Act is amended by omitting from sub-paragraph (6) (b) (i) "an age or invalid pension" and substituting "a pension". (2) Section 112 of the Principal Act is amended— (a) by omitting from paragraph (1) (b) "a person" and substituting "an unmarried person"; (b) by omitting sub-section (2) and substituting the following sub-section: "(2) Subject to sections 113 and 114, where a married person who is qualified to receive an unemployment benefit or a sickness benefit has a spouse who is resident in Australia and is, in the opinion of the Director-General, dependent (whether substantially or less than substantially) on the married person, not being a spouse who is in receipt of a prescribed pension, the rate of the benefit applicable to the married person under sub-section (1) shall, by virtue of this sub-section, be increased by an amount per week equal to the amount per week specified in paragraph (1) (d) or, if the spouse is, in the opinion of the Director-General, less than substantially dependent on the married person, such amount (if any) per week as the Director-General considers reasonable in the circumstances but not exceeding the amount per week so specified."; (c) by omitting sub-section (4a); and (d) by omitting sub-section (7) and substituting the following sub-section: "(7) For the purposes of this section and section 114, 'prescribed pension' means— (a) a benefit under Part IVaaa or this Part; (b) a pension under Part III or IV; (c) an allowance under Part VIIa; (d) a rehabilitation allowance under Part VIII; (e) a service pension under the Repatriation Act 1920; or (f) an allowance under section 9 of the Tuberculosis Act 1948.". Supplementary allowance 37. Section 112a of the Principal Act is amended— (a) by omitting "other than a dependent female or the husband of a dependent female" from the definition of "married person" in sub-section (1) and substituting "other than a de facto spouse"; (b) by omitting all the words from and including "exceeding $10," (second occurring) from the definition of "prescribed period" in sub-section (1) and substituting "exceeding $10."; and (c) by omitting sub-section (3aa) and substituting the following sub-section: "(3aa) An allowance under this section is not payable to a person— (a) if the spouse of the person is receiving an incentive allowance under section 26 or 133ja and is living with the person in their matrimonial home; or (b) in respect of any period during which the person is outside Australia.". Income test 38. Section 114 of the Principal Act is amended— (a) by omitting from sub-section (1) "Where" and substituting "Subject to sub- section (1a), where"; (b) by inserting after sub-section (1) the following sub-section: "(1a) Where the person referred to in sub-section (1) has a spouse— (a) whose income is included in the income of the person under sub- section (3); and (b) who is in receipt of a prescribed pension, the rate per week of the benefit payable to the person shall be reduced by one half of the amount which, but for this sub-section, would have been the amount of the reduction under sub-section (1)."; and (c) by omitting sub-section (5) and substituting the following sub-section: "(5) For the purposes of sub-section (1), the income of a person who is qualified to receive a sickness benefit, or of the spouse of that person, shall not include any amount received by that person from a friendly society in respect of the incapacity by reason of which the person is qualified to receive that sickness benefit.". Refusal of claim, &c. 39. Section 115b of the Principal Act is amended by omitting from sub-section (4) "section 112a or 114" and substituting "this Act". Waiting period 40. Section 119 of the Principal Act is amended— (a) by omitting from paragraph (1) (a) "to which paragraph (b) does not apply" and substituting "where neither paragraph (b) nor (c) applies"; (b) by omitting from paragraph (1) (a) "or" (last occurring); (c) by omitting from paragraph (1) (b) "on" (second occurring); and (d) by adding at the end of sub-section (1) the following word and paragraph: "; and (c) in a case where the person— (i) was eligible to receive a rehabilitation allowance under Part VIII immediately before becoming qualified to receive the unemployment benefit; and (ii) lodged a claim for the benefit within 14 days of the day on which the person became so qualified, from and including that day.". Postponement or cancellation of unemployment benefit in certain cases 41. Section 120 of the Principal Act is amended by omitting from sub-section (2) "less than 6 weeks or". Receipt of income, &c., to be notified 42. Section 130 of the Principal Act is amended— (a) by omitting sub-section (1b); and (b) by omitting from sub-section (1c) "dependent female or the husband of a dependent female" (wherever occurring) and substituting "de facto spouse". Repeal of sections 133 and 133a 43. Sections 133 and 133a of the Principal Act are repealed. 44. Sections 133p and 133q of the Principal Act are repealed and the following section is substituted: Allowance not payable to service pensioner "133p. A sheltered employment allowance is not payable to a person in respect of any p