Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023

Administered by Department of Home Affairs

Legislation au C2023A00084 In force Act

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Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023

 

No. 84, 2023

 

 

 

 

 

An Act to amend the Social Security Act 1991, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Main amendments

Social Security Act 1991

Part 2—Technical corrections

Social Security Act 1991

Schedule 2—Application provision

 

 

Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023

No. 84, 2023

 

 

 

An Act to amend the Social Security Act 1991, and for related purposes

[Assented to 28 September 2023]

The Parliament of Australia enacts:

1  Short title

  This Act is the Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

29 September 2023

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Main amendments

Social Security Act 1991

1  Subparagraph 1061K(1)(b)(iv)

Omit “; and”, substitute “; or”.

2  At the end of paragraph 1061K(1)(b)

Add:

 (v) is covered by a determination under subsection (3A); and

3  After subsection 1061K(3)

Insert:

 (3A) The Minister may determine, by notifiable instrument, that a person can qualify for an AGDRP if:

 (a) the person has been in Australia for a specified period, or for a period or periods within a specified period, ending on the day a major disaster is determined under subsection 36(1); and

 (b) the person is one of the following:

 (i) an Australian citizen;

 (ii) the holder of a permanent visa;

 (iii) a special category visa holder who is a protected SCV holder.

4  Paragraph 1061M(1)(b)

Repeal the paragraph, substitute:

 (b) if the person is the carer of one or more children on the first day the person is adversely affected by a major disaster—the amount worked out by multiplying the child rate for that financial year by the number of children for whom the person is the carer on that day.

5  Subsection 1061M(1) (note 1)

Omit “Note 1”, substitute “Note”.

6  Subsection 1061M(1) (note 2)

Repeal the note.

7  After subsection 1061M(1)

Insert:

 (1A) For the purposes of this Division, a person is a carer of a child on a day if, on that day:

 (a) the person is the principal carer of the child; or

 (b) the person is receiving another social security payment and is treated as the principal carer of the child for the purposes of that payment; or

 (c) the person is entitled to be paid family tax benefit by instalment (within the meaning of the Family Assistance Administration Act) and:

 (i) the child is treated as an FTB child of the person for the purposes of that benefit; and

 (ii) the child is under 16 years of age; and

 (iii) the person does not, under section 59 of the Family Assistance Act, have a shared care percentage for the child.

Note: For principal carer see subsections 5(15) to (24).

8  Paragraph 1061N(b)

Repeal the paragraph, substitute:

 (b) if the person is the carer of one or more children on the first day the person is adversely affected by a major disaster—the amount worked out by multiplying the amount that the Minister determines under subsection 1061P(5) in relation to the disaster by the number of children for whom the person is the carer on that day.

9  Section 1061N (note 2)

Repeal the note, substitute:

Note 2: For carer see subsection 1061M(1A).

Part 2—Technical corrections

Social Security Act 1991

10  Subsection 23(1) (definition of major disaster)

Omit “a declaration is in force under section 36”, substitute “a determination is in force under subsection 36(1)”.

11  Paragraph 36(4)(a)

Omit “declaration”, substitute “determination”.

12  Paragraph 36(4)(b)

Omit “declarations” (wherever occurring), substitute “determinations”.

13  Paragraph 1061M(1)(a)

Omit “declared under section 36”, substitute “determined under subsection 36(1)”.

Schedule 2—Application provision

 

1  Application of amendments

The amendments made by Part 1 of Schedule 1 to this Act apply in relation to major disasters determined under subsection 36(1) of the Social Security Act 1991 on or after the commencement of that Part.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 6 September 2023

Senate on 14 September 2023]

 

(108/23)

 

Overview

The Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023 was enacted by the Parliament of Australia to amend the Social Security Act 1991, primarily to introduce the Australian Government Disaster Recovery Payment (AGDRP) and to make technical corrections related to major disasters. The Act aims to provide financial assistance to individuals affected by major disasters, thereby addressing the gap in social security provisions for disaster recovery. The policy objective of the Act is to ensure that eligible individuals receive timely and adequate support during the recovery phase following a major disaster, thereby easing their financial burden and facilitating their recovery. The Act came into effect on 29 September 2023, the day after receiving Royal Assent. It introduces significant changes to the Social Security Act 1991, including modifications to eligibility criteria for disaster recovery payments and the definition of major disasters. These amendments are intended to streamline the process for individuals to access support during and after a disaster, ensuring that they can focus on recovery without undue financial stress.

Scope and Application

The Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023 is designed to modify the Social Security Act 1991 by introducing new provisions for the Australian Government Disaster Recovery Payment (AGDRP). This Act applies to individuals and entities affected by major disasters declared under subsection 36(1) of the Social Security Act 1991, which include Australian citizens, permanent visa holders, and certain special category visa holders who meet specified residency criteria. The Act's amendments extend to those who are adversely affected by such disasters, particularly focusing on carers of children in these situations. The jurisdictional reach of this Act is nationwide, impacting individuals across all states and territories of Australia. The amendments introduced by this Act are effective for major disasters determined on or after the commencement of the Act, which occurred on 29 September 2023. The Act does not specify any exclusions, exemptions, or thresholds; however, the Minister retains the authority to make determinations regarding eligibility for the AGDRP through subordinate instruments.

Key Provisions

The Social Security Amendment (Australian Government Disaster Recovery Payment) Act 2023 makes several key amendments to the Social Security Act 1991. Firstly, it introduces a new subparagraph 1061K(1)(b)(iv) into the Social Security Act, allowing for additional eligibility criteria for the Australian Government Disaster Recovery Payment (AGDRP) (section 1). It also adds a new subparagraph 1061K(1)(b)(v) that includes a condition where a person can qualify for the AGDRP if they are covered by a determination under subsection 1061K(3A) (section 1). The Act further specifies new criteria under subsection 1061K(3A) for who can qualify for the AGDRP, including Australian citizens, permanent visa holders, and certain special category visa holders who have been in Australia for a specified period before a major disaster is determined (section 2). These amendments impose specific obligations on the parties involved. The Minister is required to determine, by notifiable instrument, the eligibility criteria for the AGDRP, including the conditions related to the duration of stay in Australia and the types of visa holders eligible for the payment (section 3A). The Act also mandates that the amount payable to a carer of one or more children adversely affected by a major disaster be calculated by multiplying the child rate for that financial year by the number of children for whom the person is the carer on the first day they are adversely affected by the disaster (sections 4 and 8). Additionally, the definition of "carer" is expanded to include those who are principal carers, those receiving another social security payment and treated as the principal carer, and those entitled to family tax benefit by instalment where certain conditions are met (section 7). Failure to comply with the provisions of this Act can lead to various consequences. Although the Act does not explicitly detail penalties, breaches of related provisions in the Social Security Act 1991 could potentially incur civil or criminal penalties. For instance, making a false statement or providing false information to obtain a payment could lead to fines or imprisonment under the Social Security Act. The exact penalties would depend on the specific provision breached and the circumstances of the breach. It is crucial for all parties to adhere to the requirements set out in the Act to avoid any legal repercussions.

Legal classification tags

Area of Law
Social Security Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
Reporting & Disclosure Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.