Federal Register of Legislation - Australian Government

Primary content

Determinations/Social Security as made
This Determination applies to the storms generated from the severe line of thunderstorms that began on 16 November 2008 and affected the south-east corner of Queensland.
Administered by: Attorney-General's
Registered 19 Nov 2008
Tabling HistoryDate
Tabled HR24-Nov-2008
Tabled Senate24-Nov-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Repealed by Spent and Redundant Instruments Repeal Regulation 2014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. 3)

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             18 November             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. 3).

 

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 declared structurally unsound; or

 

(b)       the exterior of the residence has been breached, resulting in the exposure of at least one quarter of the residence to the elements; or

 

(c)        storm water or other elements of the storm have affected at least one quarter of the residence; or

 

(d)       the interior of the residence has experienced sewerage contamination.

 

destroyed in relation to a person’s principal place of residence includes a residence being demolished following a declaration that the residence is structurally unsound.

 

seriously injured in relation to a person means:

 

(a)               the person has sustained injury; and

 

(b)               either:

 

(i)                 the person was admitted to hospital for 48 hours or more; or

 

(ii)               under normal circumstances, the person required admittance to hospital for 48 hours or more.

 

 

4                    Principal place of residence

 

In this determination, a place is to be regarded as the person’s principal place of residence if:

 

(a)       the place is a place in which the person normally resides; and

 

(b)       the person has a right or license entitling the person to lawfully reside in that place.

 

 

 

 

 

 

 

 

5                    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 5)

 

Storms generated from the severe line of thunderstorms that began on
16 November 2008 and affected the south-east corner of
Queensland.

 

 

Schedule 2        Adverse circumstances

                             (section 5)

 

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

 

(a)          a person is seriously injured; or

 

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

 

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