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LIN 23/003 Determinations/Social Security as made
This instrument facilitates access to the Australian Government Disaster Recovery Payment by specifying those persons who are adversely affected by a major disaster.
Administered by: Home Affairs
Registered 19 Jan 2023

Title: Commonwealth Coat of Arms - Description: Commonwealth Coat of Arms

I, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.

Dated                                               9 January 2023

 

SENATOR THE HON MURRAY WATT

Minister for Emergency Management

 


1          Name

                 This instrument is the Social Security (Australian Government Disaster Recovery Payment—New South Wales Floods – September 2022-January 2023) Determination 2023.

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 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 storms 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 storms and floods that commenced on 14 September 2022 and continued in October 2022, November 2022, December 2022 and January 2023 in New South Wales affecting the local government areas of Balranald, Bathurst, Bourke, Cabonne, Central Darling, Cobar, Cootamundra-Gundagai, Cowra, Dubbo, Edward River, Forbes, Gunnedah, Lachlan, Liverpool Plains, Moree Plains, Murray River, Murrumbidgee, Narrabri, Narrandera, Parkes, Snowy Valleys, Upper Lachlan, Wagga Wagga, Walgett, Weddin and Wentworth.

        (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 citizen or resident 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 of the person has 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 - September-October 2022) Determination 2022 (No. 7) (LIN 22/114) is repealed.

6          Savings and transitional

                 Anything done under Social Security (Australian Government Disaster Recovery Payment—New South Wales floods - September-October 2022) Determination 2022 (No. 7) (LIN 22/114) continues to have effect as if it had been done under this instrument.