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Determinations/Social Security as made
This Determination gives effect to a declaration made under section 36 of the Social Security Act 1991 that applies to the flooding that occurred in South-east Queensland and the North Coast and Northern Rivers regions of New South Wales in May 2009 and sets out the circumstances in which a person is to be regarded as “adversely affected” by this event.
Administered by: Attorney-General's
Registered 26 May 2009
Tabling HistoryDate
Tabled HR28-May-2009
Tabled Senate15-Jun-2009
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 5)

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                         25th May                                             2009

 

 

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 2009 (No. 5).

 

2                    Commencement

 

This Determination commences on the day it is signed.

 

3                    Definitions

 

In this Determination:

 

Act means the Social Security Act 1991.

 

Australian means a person, who immediately prior to their death, satisfied subparagraph 1061K(1)(b)(i), (ii) or (iv) of the Act.

 

destroyed in relation to a person’s principal place of residence includes a residence being damaged to the extent that it must be demolished.

 

immediate family member means a person who in relation to an Australian killed in the major disaster (the deceased) is:

(a)               the deceased person’s partner; or

(b)               the deceased person’s child, adoptive child or step-child; or

(c)               the deceased person’s parent, adoptive parent or step‑parent; or

(d)               the deceased person’s legal guardian; or

(e)               the deceased person’s brother, sister, step-brother or step-sister; or

(f)                 the deceased person’s grandparent; or

(g)               the deceased person’s grandchild.

 

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

 

(a)       at least one-quarter of the residence has been submerged by flood waters or affected by associated debris; or

 

(b)       the residence has been breached, exposing at least one‑quarter of the interior of the residence to the elements; or

 

(c)        the interior of the residence has experienced sewerage contamination; or

 

(d)       the residence has been declared structurally unsound as supported by evidence.

 

seriously injured in relation to a person means:

 

(a)       the person has sustained injury; and

 

(b)       either:

 

(i)         the person was admitted to hospital; or

 

(ii)        under normal circumstances, the person would require admittance to hospital.


 

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 licence entitling the person to lawfully reside in that place.

 

5                    Person taken to be adversely affected by a major 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)

 

The storms and associated flooding that occurred in South-east Queensland and the North Coast and Northern Rivers regions of New South Wales:

 

(a)       that started on 20 May 2009; and

 

(b)       that continued in May 2009.

 

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 is:

 

(i)         an immediate family member of an Australian killed; and

 

(ii)        the most appropriate immediate family member to make a claim for the Australian Government Disaster Recovery Payment in respect of the major disaster mentioned in Schedule 1; or

 

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

 

(d)       a person’s principal place of residence has sustained major damage; or

 

(e)       where a person (the Principal Carer) is the principal carer of a child (the Dependent Child):

 

(i)         the Dependent Child is seriously injured; or

 

(ii)        the Dependent Child is an immediate family member of an Australian killed and the Principal Carer is the most appropriate person to make a claim for the Australian Government Disaster Recovery Payment in respect of the major disaster mentioned in Schedule 1; or

 

(iii)       the Dependent Child’s principal place of residence has been destroyed; or

 

(iv)       the Dependent Child’s principal place of residence has sustained major damage.