Social Security (Rewrite) Transition Act 1991 (Cth)

Social Security (Rewrite) Transition Act 1991 No. 70 of 1991 TABLE OF PROVISIONS PART 1—PRELIMINARY Section 1. Short title 2. Commencement PART 2—REPEAL OF THE 1947 ACT 3. Repeal of the 1947 Act PART 3—SAVINGS AND TRANSITIONALS 4. Insertion of schedule of savings and transitional provisions into the Social Security Act 1991 5. Other amendments of the Social Security Act 1991 of a transitional nature PART 4—CONSEQUENTIAL AMENDMENTS OF OTHER ACTS 6. Consequential amendments of other Acts SCHEDULE 1 NEW SCHEDULE 1a TO THE SOCIAL SECURITY ACT 1991 SCHEDULE 2 OTHER AMENDMENTS OF THE SOCIAL SECURITY ACT 1991 OF A TRANSITIONAL NATURE SCHEDULE 3 CONSEQUENTIAL AMENDMENTS OF OTHER ACTS Social Security (Rewrite) Transition Act 1991 No. 70 of 1991 An Act to repeal the Social Security Act 1947 and to make consequential, savings and transitional provisions for the transition to the Social Security Act 1991, and for related purposes [Assented to 25 June 1991] The Parliament of Australia enacts: PART 1—PRELIMINARY Short title 1. This Act may be cited as the Social Security (Rewrite) Transition Act 1991. Commencement 2. This Act commences immediately after the Social Security Act 1991 commences. PART 2—REPEAL OF THE 1947 ACT Repeal of the 1947 Act 3. The Social Security Act 1947 is repealed. PART 3—SAVINGS AND TRANSITIONALS Insertion of schedule of savings and transitional provisions into the Social Security Act 1991 4. After Schedule 1 to the Social Security Act 1991, the Schedule set out in Schedule 1 to this Act is inserted. Other amendments of the Social Security Act 1991 of a transitional nature 5. The Social Security Act 1991 is amended as set out in Schedule 2. PART 4—CONSEQUENTIAL AMENDMENTS OF OTHER ACTS Consequential amendments of other Acts 6. The Acts specified in Schedule 3 are amended as set out in that Schedule. SCHEDULE 1 Section 4 NEW SCHEDULE 1a TO THE SOCIAL SECURITY ACT 1991 SCHEDULE 1a SAVINGS AND TRANSITIONAL PROVISIONS PART 1—GENERAL Correspondence of pensions, benefits and allowances 1. (1) For the purposes of this Schedule, a pension, benefit or allowance under this Act and a pension, benefit or allowance under the 1947 Act that have the same name correspond to each other. SCHEDULE 1—continued (2) For the purposes of this Schedule: (a) a wife's pension under the 1947 Act and a wife pension under this Act correspond to each other; and (b) a carer's pension under the 1947 Act and a carer pension under this Act correspond to each other; and (c) a sole parent's pension under the 1947 Act and a sole parent pension under this Act correspond to each other; and (d) a widowed person's allowance under the 1947 Act and a widowed person allowance under this Act correspond to each other; and (e) a class B widow's pension under the 1947 Act and a widow B pension under this Act correspond to each other; and (f) an age pension under the 1947 Act payable because of section 26 of that Act and a special needs age pension under this Act correspond to each other; and (g) an invalid pension under the 1947 Act payable because of section 29 of that Act and a special needs invalid pension under this Act correspond to each other; and (h) a wife's pension under the 1947 Act payable because of subsection 37 (2) of that Act and a special needs wife pension under this Act correspond to each other; and (i) a sole parent's pension under the 1947 Act payable because of subsection 46 (1) of that Act and a special needs sole parent pension under this Act correspond to each other; and (j) a class B widow's pension under the 1947 Act payable because of subclause 4(1) of Schedule 1b to that Act and a special needs widow B pension under this Act correspond to each other. Correspondence of provisions 2. (1) If one provision of the 1947 Act and one provision of this Act have the same legal effect, the 2 provisions correspond to each other. (2) If: (a) one provision of the 1947 Act has a particular legal effect in relation to a number of payment types; and (b) a provision of this Act has that legal effect in relation to only one of those payment types; the provisions correspond to each other for the purposes of applying this Schedule to that payment type. (3) In this clause: "legal effect" includes conferring the power to issue an instrument; "payment type" means a pension, benefit or allowance. SCHEDULE 1—continued PART 2—SAVINGS AND TRANSITIONAL PROVISIONS APPLICABLE ON THE TRANSITION FROM THE 1947 ACT TO THIS ACT Division 1—Savings Saving of pensions, benefits and allowances 3. (1) If a determination granting a claim for a pension, benefit or allowance under the 1947 Act is in force immediately before 1 July 1991, the determination has effect, from 1 July 1991, as if it were a determination under this Act granting a claim for the corresponding pension, benefit or allowance under this Act. Note: for the statutory authority for the determination under the 1947 Act see subsection 168 (3) of that Act. (2) If a determination directing the making of a payment of a pension, benefit or allowance under the 1947 Act is in force immediately before 1 July 1991, the determination has effect, from 1 July 1991, as if it were a determination under this Act directing the making of a payment of the corresponding pension, benefit or allowance under this Act. Note: for the statutory authority for the determination under the 1947 Act see subsection 168 (3) of that Act. (3) If a determination of the rate of a pension, benefit or allowance under the 1947 Act is in force immediately before 1 July 1991, the determination has effect, from 1 July 1991, as if it were a determination under this Act of the rate of the corresponding pension, benefit or allowance under this Act. Note: for the statutory authority for the determination under the 1947 Act see subsections 168 (1) and (3) of that Act. (4) This clause's principal effect is to allow the continued payment of pensions, benefits and allowances granted under the 1947 Act without the need for a new claim by the recipient. Instruments in force under the 1947 Act on 30 June 1991 4. (1) An instrument that was in force under a provision of the 1947 Act immediately before 1 July 1991 has effect, from 1 July 1991, as if it were an instrument made under the corresponding provision of this Act. SCHEDULE 1—continued (2) Without limiting subclause (1), the instrument may be: (a) a determination; or (b) a direction; or (c) an approval; or (d) a notice; or (e) a declaration; or (f) an authorisation. (3) Subclause (1) does not apply to: (a) a determination to which clause 3 applies; or (b) a delegation under section 14 or 231 of the 1947 Act. (4) If an instrument to which subclause (1) applies was, when made, to have effect only for a limited period, the instrument has effect under subsection (1) only for so much of the period as had not already expired before 1 July 1991. Saving of claims for pensions, benefits, allowances etc. 5. (1) If: (a) a person has lodged a claim for a pension, benefit or allowance under the 1947 Act before 1 July 1991; and (b) the claim has not been determined before 1 July 1991; the claim has effect from 1 July 1991 as if it were a claim for a corresponding pension, benefit or allowance under this Act. (2) If: (a) a person has lodged a claim for an employment entry payment under the 1947 Act before 1 July 1991; and (b) the claim has not been determined before 1 July 1991; the claim has effect from 1 July 1991 as if it were a claim for an employment entry payment under this Act. (3) If: (a) subclause (1) applies to a claim; and (b) the claim is granted under this Act; the determination granting the claim may have a date of effect before 1 July 1991. (4) If: (a) subclause (1) applies to a claim; and (b) the claim is granted under this Act; and (c) the determination granting the claim has a date of effect before 1 July 1991; the payment of instalments during the period that starts on the date of effect of the determination and ends on 30 June 1991 is to be made under this Act and the person making the claim has no rights under the 1947 Act arising from the claim. SCHEDULE 1—continued Application to participate in the pensions loan scheme 6. (1) If: (a) a person has made a request under subsection 5 (2) of the 1947 Act before 1 July 1991; and (b) the request has not been determined before 1 July 1991; the request has effect from 1 July 1991 as if it had been made under subsection 1136 (1) of this Act. (2) If: (a) subclause (1) applies to a request; and (b) the request is granted under this Act; the 1947 Act has effect, for the period that starts on the day on which the request was made and ends on 30 June 1991, as if the request had been granted under the 1947 Act. Application to take advantage of hardship rules—pensions 7. (1) If: (a) a person who was receiving a social security pension made a request under subsection 7 (1) of the 1947 Act before 1 July 1991; and (b) the request was not determined before 1 July 1991; the request has effect, from 1 July 1991, as if it had been made under subsection 1129 (1) of this Act. (2) A decision in response to the request will have a date of effect before 1 July 1991 (see subsection 1129 (2) of this Act). (3) If: (a) subclause (1) applies to a request; and (b) the request is granted under this Act; and (c) the date of effect of the decision to grant the request is before 1 July 1991; the 1947 Act has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1991, as if the decision had been made under the 1947 Act. Application to take advantage of hardship rules—benefits 8. (1) If: (a) a person who was receiving a social security benefit has made a request under subsection 7 (1) of the 1947 Act before 1 July 1991; and (b) the request has not been determined before 1 July 1991; the request has effect, from 1 July 1991, as if it had been made under subsection 1131 (1) of this Act. SCHEDULE 1—continued (2) A decision in response to the request will have a date of effect before 1 July 1991 (see subsection 1131 (3) of this Act). (3) If: (a) subclause (1) applies to a request; and (b) the request is granted under this Act; and (c) the date of effect of the decision to grant the request is before 1 July 1991; the 1947 Act has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1991, as if the decision had been made under the 1947 Act. Application for determination of rate of return on market-linked investment 9. (1) If: (a) a person made an application under subsection 12f (2) of the 1947 Act before 1 July 1991; and (b) the application was not determined before 1 July 1991; the application has effect as if it had been made under subsection 1089(1) of this Act. (2) The date of effect of the decision in response to the application will be the date on which the application was received by the Secretary (see subsection 1091 (1) of this Act). (3) If: (a) subclause (1) applies to an application; and (b) the application is granted under this Act; the 1947 Act has effect, for the period that starts on the date on which the application was received by the Secretary and ends on 30 June 1991, as if the decision had been made under section 12f of the 1947 Act. Application for amount owing at recipient's death 10. If: (a) a person made an application under subsection 161(4) of the 1947 Act; and (b) the application was not determined before 1 July 1991; the application has effect, from 1 July 1991, as if it had been made under the corresponding provision of this Act and: (c) this Act has effect as if the amount in respect of which the application was made were an amount payable under this Act; and (d) the application has no effect for the purposes of the 1947 Act. SCHEDULE 1—continued Power to obtain information about payments and debts under the 1947 Act 11. (1) If a provision of this Act gives the Secretary power to request a person to give information or produce a document relevant to a pension, benefit or allowance under this Act, the power extends to requesting a person to give information or produce a document relevant to the corresponding pension, benefit or allowance under the 1947 Act. (2) If a provision of this Act gives the Secretary power to request a person to give information or produce a document relevant to a debt owed under or as a result of this Act, the power extends to requesting a person to give information or produce a document relevant to a debt owed under or as a result of the 1947 Act. Division 2—Review of decisions Unfinalised reviews of decisions—internal review 12. (1) If: (a) a person made an application under subsection 173 (1) of the 1947 Act before 1 July 1991; and (b) the application was not determined before 1 July 1991; the application has effect, from 1 July 1991, as if it were an application under subsection 1240 (1) of this Act. (2) The date of effect of the decision made in response to the application may be before 1 July 1991. (3) If: (a) subclause (1) applies to an application; and (b) the date of effect of the decision made in response to the application is before 1 July 1991; the decision has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1991, as if it were a decision under section 174 of the 1947 Act. Unfinalised reviews of decisions—SSAT review 13. (1) If: (a) a person made an application under subsection 177 (1) of the 1947 Act before 1 July 1991; and (b) the application was not determined before 1 July 1991; the application has effect, from 1 July 1991, as if it were an application under subsection 1247 (1) of this Act. (2) The date of effect of a decision made in response to the application may be before 1 July 1991. SCHEDULE 1—continued (3) If: (a) subclause (1) applies to an application; and (b) the date of effect of the decision made in response to the application is before 1 July 1991; the decision has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1991, as if it were a decision under section 182 of the 1947 Act. Application to be joined as a party to SSAT review 14. If: (a) a person made an application under subsection 181 (2) of the 1947 Act; and (b) the application was not determined before 1 July 1991; the application has effect, from 1 July 1991, as if it were an application under subsection 1260 (2) of this Act. Unfinalised reviews of decisions—review by AAT 15. (1) If: (a) a person made an application under subsection 205 (1) of the 1947 Act before 1 July 1991; and (b) the application was not determined before 1 July 1991; the application has effect, from 1 July 1991, as if it were an application under subsection 1283 (1) of this Act. (2) The date of effect of the decision made in response to the application may be before 1 July 1991. (3) If: (a) subclause (1) applies to an application; and (b) the date of effect of the decision made in response to the application is before 1 July 1991; the decision has effect, for the period that starts on the date of effect of the decision and ends on 30 June 1991, as if it were a decision made under Division 4 of Part XIX of the 1947 Act. Division 3—Social Security Appeals Tribunal Appointment of members 16. (1) An appointment of a person as: (a) National Convener of the Social Security Appeals Tribunal; or (b) a senior member of the Social Security Appeals Tribunal; that was in force immediately before 1 July 1991 has effect after 1 July 1991 as if it had been made under subsection 1324 (1) of this Act. (2) An appointment of a person as an ordinary member of the Social Security Appeals Tribunal that was in force immediately before SCHEDULE 1—continued 1 July 1991 has effect, from 1 July 1991, as if it had been made under subsection 1324 (2) of this Act. (3) An appointment that has effect under subclause (1) or (2) has effect under that subsection for the remainder of the term of appointment unexpired as at 30 June 1991. Acting appointments 17. An acting appointment under section 220 of the 1947 Act that was in force immediately before 1 July 1991 has effect, from 1 July 1991, as if it had been made under section 1326 of this Act. Leave of absence 18. Leave of absence granted under section 225 of the 1947 Act has effect for the purposes of this Act as if it had been granted under section 1331 of this Act. Approval to engage in outside employment 19. An approval given under section 226 of the 1947 Act has effect for the purposes of this Act as if it had been granted under section 1332 of this Act. Division 4—Continuation of earlier savings provisions Papua New Guinea pensions (changes introduced in 1973 and 1975) 20. (1) If a pension was, immediately before 16 September 1975, payable to a person in Papua New Guinea because of section 14 of the Social Services Act (No. 2) 1973, the pension continues to be payable to the person as if the Papua New Guinea area formed part of Australia. (2) Subclause (1) only applies to the person while the person remains in the Papua New Guinea area. (3) If the person leaves the Papua New Guinea area other than to come to Australia, the person is to be taken, for the purposes of Part 4.2 of this Act, to leave Australia. (4) In this clause: "Papua New Guinea area" means the area that comprised Papua New Guinea immediately before 16 September 1975. Widow's pension—mental hospital patient partners (changes introduced on 1 November 1980) 21. (1) If: (a) immediately before 1 November 1980: (i) a woman was receiving a widow's pension under the 1947 Act; and SCHEDULE 1—continued (ii) the woman's husband was a mental hospital patient; and (b) at all times since 1 November 1980, the woman's husband has continued to be a mental hospital patient; and (c) the woman has an SPP child; the woman is to be taken to satisfy paragraph 249 (1) (a) of this Act (sole parent pension). (2) If: (a) immediately before 1 November 1980: (i) a woman was receiving a widow's pension under the 1947 Act; and (ii) the woman's husband was a mental hospital patient; and (b) at all times since 1 November 1980, the woman's husband has continued to be a mental hospital patient; and (c) the woman does not have an SPP child; the woman is to be taken to satisfy paragraph 362 (1) (c) of this Act (widow B pension). (3) For the purposes of subclauses (1) and (2), if the woman's husband is absent from the mental hospital for a continuous period of 4 weeks or more, he is to be taken to cease to be a mental hospital patient at the end of the 4 week period that starts when the absence starts. (4) If: (a) subclause (1) or (2) applies to a woman; and (b) the woman is qualified for a wife pension; and (c) the rate at which a wife pension would be payable to the woman is higher than the rate at which a sole parent or widow B pension would be payable to the woman; the following provisions apply: (d) subclauses (1) and (2) do not prevent the grant to her of a wife pension; (e) the grant of a wife pension to her may take effect on and from the date on which the woman became qualified for the wife pension at the higher rate; (f) if she is granted a wife pension, subclause (1) or (2) is to be taken to have ceased to apply to her on the day on which the grant of the wife pension takes effect. Benevolent homes (changes introduced on 1 January 1981) 22. (1) If: (a) immediately before 1 January 1981: (i) a person was receiving an age, invalid or class B widow pension under the 1947 Act; and SCHEDULE 1—continued (ii) the person was an inmate of a benevolent home; and (iii) the person's pension was being dealt with in accordance with section 50 or 80 of the 1947 Act; and (b) at all times since 1 January 1981, the person has been an inmate of a benevolent home; the following provisions apply to the person's pension in spite of anything in section 60, 113, 274 or 381 of this Act: (c) the person is to be paid so much of the person's pension as does not exceed: (i) if the person is receiving rent assistance—$1,164.80 per year; or (ii) if the person is not receiving rent assistance—$1,112.80 per year; and (d) the balance (if any) is to be paid to the person controlling the benevolent home for the maintenance of the pensioner in the home. (2) Subclause (1) stops applying to the person's pension if the amount payable under that subclause to the person controlling the benevolent home equals or exceeds the pensioner contribution that would otherwise be payable to that person under section 60, 113, 274 or 381 of this Act. Dependent child—pension, benefit and Labour Force Program recipients (changes introduced on 1 November 1984) 23. (1) If: (a) immediately before 1 November 1984: (i) one person (in this subclause called the "adult") was receiving family allowance; and (ii) another person (in this subclause called the "child") was receiving: (a) a social security pension or benefit; or (b) payments under a program in the Labour Force Program; and (b) at all times since 1 November 1984: (i) the adult has continued to receive family allowance; and (ii) the child has continued to receive a pension, benefit or payments of a kind referred to in subparagraph (a) (ii); subsection 5 (6) of this Act does not operate to prevent the child being a dependent child for the purposes of working out: (c) whether the adult is qualified for a pension, benefit or allowance under this Act; or (d) the rate at which a pension, benefit or allowance under this Act is payable to the adult. SCHEDULE 1—continued (2) If: (a) immediately before 1 November 1984: (i) one person (in this subclause called the "adult") was receiving double orphan's pension; and (ii) another person (in this subclause called the "child") was receiving: (a) a social security pension or benefit; or (b) payments under a program in the Labour Force Program; and (b) at all times since 1 November 1984: (i) the adult has continued to receive the double orphan's pension; and (ii) the child has continued to receive a pension, benefit or payment of a kind referred to in subparagraph (a) (ii); subsection 5 (6) of this Act does not operate to prevent the child being a dependent child for the purposes of working out: (c) whether the adult is qualified for a pension, benefit or allowance under this Act; or (d) the rate at which a pension, benefit or allowance under this Act is payable to the adult. (3) If: (a) immediately before 1 November 1984: (i) one person (in this subclause called the "adult") was receiving handicapped child's allowance; and (ii) another person (in this subclause called the "child") was receiving: (a) a social security pension or benefit; or (b) payments under a program in the Labour Force Program; and (b) at all times since 1 November 1984: (i) the adult has continued to receive the handicapped child's allowance or child disability allowance; and (ii) the child has continued to receive a pension, benefit or payment of a kind referred to in subparagraph (a) (ii); subsection 5 (6) of this Act does not operate to prevent the child being a dependent child for the purposes of working out: (c) whether the adult is qualified for a pension, benefit or allowance under this Act; or (d) the rate at which a pension, benefit or allowance under this Act is payable to the adult. SCHEDULE 1—continued (4) If: (a) immediately before 1 November 1984: (i) one person (in this subclause called the "adult") was receiving: (a) a social security pension or benefit; or (b) a mobility allowance or service pension under the Repatriation Act 1920; and (ii) another person (in this subclause called the "child") was receiving: (a) a social security pension or benefit; or (b) payments under a Labour Force Program; and (b) at all times since 1 November 1984: (i) the adult has continued to receive a pension, benefit or allowance of a kind referred to in subparagraph (a) (i); and (ii) the child has continued to receive a pension, benefit or payment of a kind referred to in subparagraph (a) (ii); subsection 5 (6) of this Act does not operate to prevent the child being a dependent child for the purposes of working out: (c) whether the adult is qualified for a pension, benefit or allowance under this Act; or (d) the rate at which a pension, benefit or allowance is payable to the adult under this Act. Rent assistance for sickness beneficiaries (changes introduced on 13 December 1987) 24. (1) If: (a) immediately before 13 December 1987: (i) a person was receiving sickness benefit; and (ii) the person's sickness benefit rate included an amount by way of rent assistance; and (b) the person has been receiving sickness benefit at all times since 13 December 1987; the amount of rent assistance to be included in the person's sickness benefit rate is to be calculated as if section 120 of the 1947 Act, as in force immediately before 13 December 1987, had continued to apply to the person. (2) Subclause (1) ceases to apply to the person if, apart from this clause, a higher rate of rent assistance would apply to the person. Rates of some pensions—education payments made (changes introduced on 1 January 1987) 25. (1) If: (a) immediately before 1 January 1987: SCHEDULE 1—continued (i) a person was receiving a social security pension; and (ii) payments were being made to the person under: (a) the Tertiary Education Assistance Scheme; or (b) the Adult Secondary Education Assistance Scheme; or (c) the Secondary Allowance Scheme; and (b) on or after 1 January 1987, the person becomes eligible to receive payments under the AUSTUDY Scheme; the rate of that pension for the continuation period is to be: (c) the rate at which the pension was payable immediately before 1 January 1987; or (d) if: (i) the person was receiving a pension of that kind immediately before 21 October 1986; and (ii) the rate at which the pension was payable to the person immediately before 21 October 1986 is higher than the rate at which the pension was payable to the person immediately before 1 January 1987; the rate at which the pension was payable to the person immediately before 21 October 1986. (2) For the purposes of subclause (1), the continuation period is the period that commences on the day on which the person becomes eligible to receive payments under the AUSTUDY Scheme and ends when the person ceases to be eligible to receive payments under that Scheme. (3) If: (a) immediately before 1 September 1987, a person was receiving a widow's pension or a supporting parent's benefit under the 1947 Act; and (b) on 1 September 1987, the person was eligible to receive payments under the AUSTUDY Scheme for a full-time course of education that the person had commenced before 1 September 1987; and (c) the person has a dependent child; and (d) if this subclause had not been enacted, the person would not be qualified for a sole parent pension or a widow B pension under this Act because the child had turned 16; the person's qualification for a sole parent pension or widow B pension under this Act continues during the continuation period as if the child had not turned 16. (4) For the purposes of subclause (3), the continuation period is the period that commences on 1 September 1987 and ends on the day on SCHEDULE 1—continued which the person ceases to be eligible to receive payments under the AUSTUDY Scheme in respect of the course of education. (5) If: (a) immediately before 1 January 1988: (i) a person was receiving a social security pension; and (ii) the person was eligible to receive payments under a relevant Aboriginal Tertiary Education Scheme; and (iii) payments were being made to, or in respect of, the person under the Aboriginal Study Assistance Scheme; and (b) the person continues to be eligible to receive payments under the Aboriginal Study Assistance Scheme on or after 1 January 1988; the rate of the person's pension is not, during the continuation period, to exceed the rate at which it was payable immediately before the commencement of section 1 of the Social Security Amendment Act 1988. (6) For the purposes of subsection (5): (a) the relevant Aboriginal Tertiary Education Schemes are: (i) in relation to a time before 1 January 1989—the Aboriginal Study Assistance Scheme; or (ii) in relation to a time on or after 1 January 1989—the ABSTUDY Tertiary Scheme; and (b) the continuation period is the period that starts on 1 January 1988 and ends on the day on which the person ceases to be eligible to receive payments under the Aboriginal Study Assistance Scheme. Maintenance income test (changes introduced on 17 June 1988) 26.(1) If: (a) in the fortnight that ended on 16 June 1988: (i) a person was receiving a social security pension, social security benefit or service pension; and (ii) the person had maintenance income; and (b) at all times since 17 June 1988, the person has been receiving a social security pension, social security benefit or service pension; and (c) subsection 21 (4) of the Social Security and Veterans' Entitlements (Maintenance Income Test) Amendment Act 1988 has not ceased to apply to the person; and (d) in a fortnight the person's total income would otherwise be less than it was in the fortnight that ended on 16 June 1988; SCHEDULE 1—continued the person's social security pension or benefit amount in that fortnight is to be such that the person's total income for the fortnight is equal to the person's total income for the fortnight that ended on 16 June 1988. (2) Subclause (1): (a) has effect in spite of anything else in this Act; and (b) has effect subject to subclause (3); and (c) does not apply if: (i) the person was required by or under the 1947 Act or the Veterans' Entitlements Act to notify the Department of the maintenance income that the person had in the fortnight that ended on 16 June 1988; and (ii) the person failed to notify the Department of the maintenance income as required by or under that Act. (3) If subclause (1) ceases to apply to the person, this clause will not apply to the person at any time after that cessation. (4) The person's social security pension or benefit amount in the fortnight is not to exceed: (a) if the person had a dependent child or dependent children immediately before 17 June 1988—the amount of the social security pension, social security benefit or service pension received in the fortnight that ended on 16 June 1988; or (b) if the person did not have a dependent child immediately before 17 June 1988—the amount of the social security pension, social security benefit or service pension received by the person in the fortnight that ended on 16 June 1988 increased to take account of any indexation increases, but no other increases, after 16 June 1988. (5) If: (a) the person's total income for the fortnight that ended on 16 June 1988 included an extra p