Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5) (Cth)

Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5)

as amended

made under subsection 1061L(2) of the

Social Security Act 1991

Compilation start date:   29 October 2013

Includes amendments up to: Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 10)

About this compilation

This compilation

This is a compilation of the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5) as in force on 29 October 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 2 December 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of determination.................................................................................................. 1

3............ Definitions..................................................................................................................... 1

4............ Person adversely affected by a major disaster............................................................... 1

Schedule 1—Major disaster  2

Schedule 2—Circumstances in which person adversely affected        3

Endnotes4

Endnote 1—About the endnotes  4

Endnote 2—Abbreviation key  5

Endnote 3—Legislation history  6

Endnote 4—Amendment history  7

Endnote 5—Uncommenced amendments [none]  8

Endnote 6—Modifications [none]  8

Endnote 7—Misdescribed amendments [none]  8

Endnote 8—Miscellaneous [none]  8

1  Name of determination

This determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5).

3  Definitions

(1)  In this determination:

Act means the Social Security Act 1991.

destroyed, for a place of residence, includes a residence damaged to the extent that it must be demolished.

immediate family member, of a person, means:

(a)  the person’s partner; or

(b)  the person’s natural child, adoptive child or stepchild; or

(c)  the person’s natural parent, adoptive parent or step‑parent; or

(d)  the person’s legal guardian; or

(e)  the person’s brother, sister, stepbrother or stepsister.

Note:          This term is used in a different sense to that used in the Act.

major damage, for a residence, means:

(a)  damage to at least a quarter of the interior of the residence; or

(b)  that the residence is structurally unsound; or

(c)  damage to the residence that exposes at least a quarter of the interior of the residence to the elements; or

(d)  sewage contamination of the interior of the residence, or of the water supply to the residence.

seriously injured, for a person, means:

(a)  the person has sustained an injury; and

(b)  because of the injury:

(i)  the person was admitted to hospital; or

(ii)  under normal circumstances, the person would have been admitted to hospital.

4  Person 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 a way mentioned in Schedule 2.

Note:          Subsection 36(1) of the Social Security Act 1991 allows the Minister to determine, in writing, that an event is a major disaster if the event is a disaster that has such a significant impact on individuals that a government response is required.

Schedule 1—Major disaster

Only the bushfires in New South Wales which commenced on 9 October 2013 and continued in October 2013 which as at 18 October 2013 covered the affected Local Government Areas of Blue Mountains, Lake Macquarie, Lithgow, Muswellbrook, Port Macquarie‑Hastings, Port Stephens, Wingecarribee, Wollondilly and Wyong.

Schedule 2—Circumstances in which person adversely affected

A person is adversely affected by a major disaster mentioned in Schedule 1 if:

(a)  as a direct result of the disaster:

(i)  the person is seriously injured; or

(ii)  the person is an immediate family member of an Australian who is killed; or

(iii)  the person’s principal place of residence has been destroyed or has sustained major damage; or

(b)  the person is the principal carer of a child to whom paragraph (a) applies.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub‑Ch = Sub‑Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub‑subparagraph(s)

Endnote 3—Legislation history

Name	FRLI registration	Commencement	Application, saving and transitional provisions
Social Security (Australian Government Disaster Recovery Payment) Determination 2013 (No. 5)	18 Oct 2013 (see F2013L01814)	19 Oct 2013
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 9)	23 Oct 2013 (see F2013L01826)	24 Oct 2013	—
Social Security (Australian Government Disaster Recovery Payment) Amendment Determination 2013 (No. 10)	28 Oct 2013 (see F2013L01841)	29 Oct 2013	—

Endnote 4—Amendment history

Provision affected	How affected
s 2....................................................	rep LIA s 48D
Sch 1
Sch 1................................................	am 2013 No 9 and 10

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]