(1) This determination is the Social Security (LIN 19/130: Australian Government Disaster Recovery Payment) Determination 2019 (No. 3)

(2) This instrument may be cited as LIN 19/130.

The Social Security (LIN 19/116: Australian Government Disaster Recovery Payment) Determination 2019 (No. 2) is revoked.

3 Commencement

This determination commences on the day it is signed.

4 Definitions

(1) In this determination:

Act means the Social Security Act 1991.

destroyed, for a place of residence, includes a residence damaged to the extent that it must be demolished.

immediate family member, of a person, means:

(a) the person’s partner; or

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

(d) the person’s legal guardian; or

(e) the person’s brother, sister, stepbrother or stepsister.

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

major damage, for a residence, means:

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

(b) that the residence is structurally unsound; or

(d) sewage contamination of the interior of the residence, or of the water supply to the residence.

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) In this determination:

(a) a place of residence is a person’s principal place of residence if the person regularly lives at the place with a degree of settled purpose and the person has a lawful right to reside at the place; and

(b) it is possible for a person to have more than one principal place of residence; and

(d) a secondary residence used for holidays is not a principal place of residence

5 Person 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 a way mentioned in Schedule 2.

Note Subsection 36 (1) of the Social Security Act 1991 allows the Minister to determine, in writing, that an event is a major disaster if the event is a disaster that has such a significant impact on individuals that a government response is required.

6 Transitional

A claim made under the Social Security (LIN 19/116: Australian Government Disaster Recovery Payment) Determination 2019 is taken to have been made under this instrument.

Schedule 1 Major disaster

The monsoonal trough which produced heavy rainfall and associated flooding that commenced from 25 January 2019 and which is expected to continue in February 2019, and affected the local government areas of Burdekin, Burke, Charters Towers, Cloncurry, Cook, Douglas, Flinders, McKinlay, Richmond, Palm Island, Townsville, Winton and Wujal Wujal in the State of Queensland.

Schedule 2 Circumstances in which person adversely affected

A person is adversely affected by a major disaster mentioned in Schedule 1 if:

(a) as a direct result of the disaster:

(i) the person is seriously injured; or

(ii) the person is an immediate family member of an Australian who is killed; or

(iii) the person’s principal place of residence has been destroyed or has sustained major damage; or

(b) the person is the principal carer of a child to whom paragraph (a) applies.

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Note

All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See http://www.legislation.gov.au.