Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 3) (Cth)

Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 3)

as amended

made under subsection 1061L(2) of the

Social Security Act 1991

This compilation was prepared on 9 December 2008

taking into account amendments up to Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2008 (No. 1)

Prepared by the Public Law Branch,

Department of Families, Housing, Community Services and Indigenous Affairs, Canberra

1          Name of Determination (see Note 1)

This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 3).

2          Commencement (see Note 1)

This Determination commences on the day it is signed.

3          Definitions

In this Determination:

Act means the Social Security Act 1991.

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

(a)       the residence has been declared structurally unsound; or

(b)       the exterior of the residence has been breached, resulting in the exposure of at least one quarter of the residence to the elements; or

(c)        storm water or other elements of the storm have affected at least one quarter of the residence; or

(d)       the interior of the residence has experienced sewerage contamination.

destroyed in relation to a person’s principal place of residence includes a residence being demolished following a declaration that the residence is structurally unsound.

seriously injured in relation to a person means:

(a)       the person has sustained injury; and

(b)       either:

(i)         the person was admitted to hospital for 48 hours or more; or

(ii)        under normal circumstances, the person required admittance to hospital for 48 hours or more.

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 license entitling the person to lawfully reside in that place.

5          Person taken to be adversely affected by 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.

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Schedule 1        Major disaster

(section 5)

The sequence of storms that occurred as a result of atmospheric instability and affected the south-east corner of Queensland:

(a)       that started on 16 November 2008 and continued to occur up to and including 20 November 2008; and

(b)       if the sequence of storms continues to occur after 20 November 2008 — that occurred from 21 November 2008 up to and including 30 November 2008.

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’s principal place of residence has been destroyed; or

(c)        a person’s principal place of residence has been damaged.

Notes

Note 1

The Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 3) (in force under subsection 1061L(2) of the Social Security Act 1991) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 3)	19 November 2008 (see F2008L04358)	18 November 2008
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2008 (No. 1)	21 November 2008 (see F2008L04379)	18 November 2008 immediately after the commencement of the Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 3)	—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted
Provision affected	How affected
Schedule 1..............................	rs. 2008 F2008L04379;