Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 8) (Cth)

Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 8)

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   8^th November   2009

Jenny 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 2009 (No. 8).

1. Commencement

This Determination commences on the day it is signed.

1. Definitions

In this Determination:

Act means the Social Security Act 1991.

destroyed in relation to a person’s principal place of residence includes a residence being damaged to the extent that it must be demolished.

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

(a)       at least one-quarter of the residence has been submerged by flood waters or affected by associated debris; or

(b)the residence has been breached, exposing at least one‑quarter of the interior of the residence to the elements; or

(c)the interior of the residence has experienced sewerage contamination; or

(d)the residence has been declared structurally unsound as supported by evidence.

isolated in relation to a person’s principal place of residence means the person was stranded in their residence for a period of 24 hours or more, as supported by evidence.

unable to return in relation to a person’s principal place of residence means the person could not access their residence for a period of 24 hours or more, as supported by evidence.

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.

1. 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 licence entitling the person to lawfully reside in that place.

1. 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 5)

The storms and associated flooding that commenced on 5 November 2009 affecting the mid-north coast region of New South Wales.

Schedule 2        Adverse circumstances

(section 5)

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

(a)        a person was seriously injured; or

(b)a person was isolated in their principal place of residence for a period of 24 hours or more; or

(c)a person was unable to return to their principal place of residence for a period of 24 hours or more; or

(d)        a person’s principal place of residence has been destroyed; or

(e)a person’s principal place of residence has sustained major damage; or

(f)where a person (the Principal Carer) is the principal carer of a child (the Dependent Child):

(i)the Dependent Child was seriously injured; or

(ii)the Dependent Child was isolated in their principal place of residence for a period of 24 hours or more; or

(iii)the Dependent Child was unable to return to their principal place of residence for a period of 24 hours or more; or

(iv)the Dependent Child’s principal place of residence has been destroyed; or

(v)the Dependent Child’s principal place of residence has sustained major damage.