Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 7) (Cth)

Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 7)

Social Security Act 1991

I, TANYA PLIBERSEK, Minister for Housing, Minister for the Status of Women make this Determination under subsection 1061L(2) of the Social Security Act 1991.

Dated   5^th October   2009

Tanya Plibersek

Minister for Housing, Minister for the Status of Women

1       Name of Determination

This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 7).

2       Commencement

This Determination commences on the day it is signed.

3       Definitions

In this Determination:

Act means the Social Security Act 1991.

Australian means a person who satisfies, or immediately prior to their death satisfied, paragraph 1061K(1)(b) of the Act.

immediate family member in relation to a victim means a person who is the victim’s:

(a)    partner; or

(b)    child, adoptive child or step-child; or

(c)     parent, adoptive parent, step‑parent or parent in law; or

(d)    legal guardian; or

(e)    brother, sister, step-brother or step-sister; or

(f)      grandparent; or

(g)    grandchild.

seriously injured in relation to a person means:

(a)    the person has sustained injury; and

(b)    either:

(i)      the person was admitted to hospital; or

(ii)     under normal circumstances, the person would require admittance to hospital.

victim means an Australian who died, was declared missing or was seriously injured as a direct result of the major disaster.

4          Person taken to be 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 the way mentioned in Schedule 2.

Schedule 1        Major Disaster

(section 4)

The earthquakes that impacted the island of Sumatra, Indonesia, on 30 September and 1 October 2009 (AEST).

Schedule 2        Adverse circumstances

(section 4)

A person is adversely affected by the major disaster mentioned in Schedule 1 where the person is an Australian and: 

(1)    the person was, on 30 September or 1 October 2009 (AEST), in an area directly impacted by the major disaster and as a direct result of that disaster:

(a)    the person was seriously injured; or

(b)    the person was an eye witness to a person seriously injured in the disaster; or

(c)     the person was an eye witness to the remains, body or bodies of a person or persons killed; or

(2)    the person is:

(a)    an immediate family member of a victim; and

(b)    considered to be one of up to three of the most appropriate immediate family members of a victim to make a claim for the Australian Government Disaster Recovery Payment in respect of the major disaster mentioned in Schedule 1.