Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 4) (Cth)

Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 4)

Social Security Act 1991

I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, make this Determination under subsection 1061L(2) of the Social Security Act 1991.

Dated             28^th November          2008

J Macklin

Minister for Families, Housing, Community Services and Indigenous Affairs

1. Name of Determination

This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2008 (No. 4).

1. Commencement

This Determination commences on the day it is signed.

1. Definitions

In this Determination:

Act means the Social Security Act 1991.

psychological trauma in relation to a person means:

(a)the person was caught up in the violence or witnessed the violence of the major disaster; or

(b)the person was held in hostage or witnessed hostage situations arising from the major disaster; or

(c)the person was a witness to:

(i)a person seriously injured because of the major disaster; or

(ii)the remains, body or bodies of a person or persons killed as a consequence of the major disaster; or

(d)the person is the immediate family member of a  Australian killed in the major disaster.

seriously injured in relation to a person means:

(a)the person sustained an injury or injuries requiring hospitalisation; or

(b)the person sustained an injury or injuries that under normal circumstances would require hospitalisation.

1. 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 4)

The terrorist attacks that began on 26 November 2008 in the south Mumbai area, India.

Schedule 2        Adverse circumstances

(section 4)

As a direct result of the major disaster mentioned in Schedule 1:

(a)a person is seriously injured; or

(b)a person suffers psychological trauma.