Federal Register of Legislation - Australian Government

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Determinations/Social Security as made
This Determination applies to the storms and associated flooding that began on 13 January 2008 in the Mackay and Whitsunday regions of Queensland and continued on to affect other areas of Queensland.
Administered by: Attorney-General's
Registered 18 Feb 2008
Tabling HistoryDate
Tabled HR20-Feb-2008
Tabled Senate11-Mar-2008
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 2)

Social Security Act 1991

 

I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, make this Determination under subsection 1061L(2) of the Social Security Act 1991.

 

Dated       16 . 2         2008

 

 

                        J. Macklin

 

 

Minister for Families, Housing, Community Services and Indigenous Affairs

 

 

1                    Name of Determination

 

This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 2).

 

2                    Commencement

 

This Determination commences on the day it is signed.

 

3                    Definitions

 

In this Determination:

 

Act means the Social Security Act 1991.

 

 

 

 

damaged in relation to a person’s principal place of residence means:

 

(a)       the residence has been rendered structurally unsound; or

 

(b)       the majority of the interior floor of the residence has been submerged beneath flood waters; or

 

(c)        sewerage failure has resulted in overflow into the residence; or

 

(d)       the interior of the residence has been exposed to the elements due to a breach to the exterior shell of the residence.

 

principal place of residence, for a person, means the place in which the person normally resides.

 

 

4                    Person taken to be adversely affected by disaster

 

For subsection 1061L(2) of the Act, a person is adversely affected by a major disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.

 


______________________________________________________________

 

Schedule 1        Major Disaster

                             (section 4)

 

Flooding that began on 14 February 2008 generated from the monsoonal trough over the coast of central Queensland that affected the Mackay region and continued on to affect other areas of Queensland.

 

 

Schedule 2        Adverse circumstances

                             (section 4)

 

As a direct result of the major disaster mentioned in Schedule 1:

 

(a)          a person is seriously injured and is admitted to hospital for treatment for a period of 48 hours or more; or

 

(b)          a person’s principal place of residence has been destroyed; or

 

(c)          a person’s principal place of residence has been damaged.