Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023 (Cth)

Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023

No. 84, 2023

An Act to amend the Social Security Act 1991, and for related purposes

Contents

Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023

No. 84, 2023

An Act to amend the Social Security Act 1991, and for related purposes

[Assented to 28 September 2023]

The Parliament of Australia enacts:

1Short title

This Act is the Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this Act	The day after this Act receives the Royal Assent.	29 September 2023

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1AmendmentsPart 1Main amendments

Social Security Act 1991

1

Subparagraph 1061K(1)(b)(iv)

Omit “; and”, substitute “; or”.

2

At the end of paragraph 1061K(1)(b)

Add:

1. (v)

   is covered by a determination under subsection (3A); and

3

After subsection 1061K(3)

Insert:

1. (3A)

   The Minister may determine, by notifiable instrument, that a person can qualify for an AGDRP if:

   1. (a)

      the person has been in Australia for a specified period, or for a period or periods within a specified period, ending on the day a major disaster is determined under subsection 36(1); and

   2. (b)

      the person is one of the following:

      1. (i)

         an Australian citizen;

      2. (ii)

         the holder of a permanent visa;

      3. (iii)

         a special category visa holder who is a protected SCV holder.

4

Paragraph 1061M(1)(b)

Repeal the paragraph, substitute:

1. (b)

   if the person is the carer of one or more children on the first day the person is adversely affected by a major disaster—the amount worked out by multiplying the child rate for that financial year by the number of children for whom the person is the carer on that day.

5

Subsection 1061M(1) (note 1)

Omit “Note 1”, substitute “Note”.

6

Subsection 1061M(1) (note 2)

Repeal the note.

7

After subsection 1061M(1)

Insert:

1. (1A)

   For the purposes of this Division, a person is a carer of a child on a day if, on that day:

   1. (a)

      the person is the principal carer of the child; or

   2. (b)

      the person is receiving another social security payment and is treated as the principal carer of the child for the purposes of that payment; or

   (c) the person is entitled to be paid family tax benefit by instalment (within the meaning of the Family Assistance Administration Act) and:

   1. (i)

      the child is treated as an FTB child of the person for the purposes of that benefit; and

   2. (ii)

      the child is under 16 years of age; and

   3. (iii)

      the person does not, under section 59 of the Family Assistance Act, have a shared care percentage for the child.

   Note: For principal carer see subsections 5(15) to (24).

8

Paragraph 1061N(b)

Repeal the paragraph, substitute:

1. (b)

   if the person is the carer of one or more children on the first day the person is adversely affected by a major disaster—the amount worked out by multiplying the amount that the Minister determines under subsection 1061P(5) in relation to the disaster by the number of children for whom the person is the carer on that day.

9

Section 1061N (note 2)

Repeal the note, substitute:

Note 2: For carer see subsection 1061M(1A).

Part 2Technical corrections

Social Security Act 1991

1. 10

   Subsection 23(1) (definition of major disaster)

   Omit “a declaration is in force under section 36”, substitute “a determination is in force under subsection 36(1)”.

11

Paragraph 36(4)(a)

Omit “declaration”, substitute “determination”.

12

Paragraph 36(4)(b)

Omit “declarations” (wherever occurring), substitute “determinations”.

13

Paragraph 1061M(1)(a)

Omit “declared under section 36”, substitute “determined under subsection 36(1)”.

Schedule 2Application provision

1

Application of amendments

The amendments made by Part 1 of Schedule 1 to this Act apply in relation to major disasters determined under subsection 36(1) of the Social Security Act 1991 on or after the commencement of that Part.

[Minister’s second reading speech made in—

House of Representatives on 6 September 2023

Senate on 14 September 2023]

(108/23)