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LIN 21/030 Determinations/Social Security as made
This instrument provides an immediate, one-off payment to Australians adversely affected by a major disaster. It applies only to the heavy rainfall and associated flooding that commenced on 10 March 2021 in New South Wales, affecting various local government areas. It gives effect to the disaster referred to above and sets out the circumstances in which a person is to be ‘adversely affected’ by the major disaster.
Administered by: Home Affairs
General Comments: For a savings and transitional provision relating to the repeal of this instrument, see section 6 of the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 4).
Registered 30 Mar 2021
Date of repeal 29 Mar 2021
Repealed by Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 4)

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LIN 21/030

I, David Littleproud, Minister for Agriculture, Drought, and Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991 (the Act).

Dated 25 March 2021

Minister for Agriculture, Drought and Emergency Management

 


1          Name

                 This instrument is the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 3).

2          Commencement

                 This instrument commences on the day it is signed.

3          Definitions

        (1)     In this instrument:

destroyed means damaged to the extent that:

(a)   for a residence—it must be demolished; or

(b)   for a major asset or assets—it is unusable.

immediate family member, of a person, means:

(a)   the person’s partner; or

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

(c)   the person’s natural parent, adoptive parent or step-parent; or

(d)   the person’s legal guardian; or

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

Note          This term is used in a different sense to that used in the Act.

major asset or assets means:

(a)   an asset, with a market value of at least $20 000, located at the person’s principal place of residence; or

(b)   assets, with a combined market value of at least $20 000, located at the person’s principal place of residence.

Examples  Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.

major damage means:

(a)   for a residence:

             (i)  damage to the interior of the residence; or

            (ii)  that the residence is structurally unsound; or

           (iii)  damage to the residence that exposes the interior of the residence to the elements; or

           (iv)  sewage contamination of the interior of the residence or of the water supply to the residence; or

(b)   for a major asset or assets other than a water tank—that it is damaged by the heavy rainfall or by flood waters, to the extent that it needs to be replaced; or

(c)   for a major asset that is a water tank—damage to the extent that it needs to be repaired or cleaned, or the water replaced.

seriously injured, for a person, means:

(a)   the person has sustained an injury; and

(b)   because of the injury:

             (i)  the person was admitted to hospital; or

            (ii)  under normal circumstances, the person would have been admitted to hospital.

        (2)     A place of residence is a person’s principal place of residence if:

(a)   the person regularly lives at the place with a degree of settled purpose; and

(b)   the person has a lawful right to reside at the place; and

(c)   the place is not:

             (i)  a prison or a place of detention; or

            (ii)  a secondary residence used for holidays.

Note          It is possible for a person to have more than 1 principal place of residence.

4          Person adversely affected by a major disaster

        (1)     This section applies to the major disaster being the heavy rainfall and associated flooding that commenced on 10 March 2021 in New South Wales affecting the local government areas of Armidale, Ballina, Bathurst, Bega Valley, Bellingen, Blacktown, Blue Mountains, Brewarrina, Byron, Cabonne, Camden, Campbelltown, Canterbury Bankstown, Central Coast, Cessnock, Clarence Valley, Cobar, Coffs Harbour, Cumberland, Dungog, Eurobodalla, Fairfield, Glen Innes Severn, Gunnedah, Gwydir, Hawkesbury, Hornsby, Inner West, Inverell, Kempsey, Ku-ring-gai, Kyogle, Lake Macquarie, Lismore, Liverpool, Liverpool Plains, Maitland, Mid-Coast, Moree Plains, Nambucca Valley, Narrabri, Newcastle, Northern Beaches, Oberon, Orange, Parramatta, Penrith, Port Macquarie-Hastings, Port Stephens, Richmond Valley, Shoalhaven, Singleton, Sutherland, Tenterfield, The Hills, Tweed, Walcha, Walgett, Wingecarribee and Wollondilly.

        (2)     For subsection 1061L(2) of the Act, a person is taken to be adversely affected by the major disaster if any of the following circumstances apply:

(a)   the person is seriously injured as a direct result of the disaster;

(b)   the person is an immediate family member of an Australian who is killed as a direct result of the disaster;

(c)   the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster;

(d)   a major asset or assets of the person has or have been destroyed or suffered major damage as a direct result of the disaster;

(e)   the person is a principal carer of a child to whom paragraph (a), (b), (c) or (d) applies.

5          Repeal

                 Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 2) is repealed.

6          Savings and transitional

                 Anything done under the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 2) continues to be in effect as if it had been done under this instrument.