Explanatory Statement
Social Security (Australian Government Disaster Recovery Payment - Amount of payment for disasters outside Australia) Determination 2009
The Australian Government Disaster Recovery Payment (the AGDRP) provides an immediate, one-off payment to Australians adversely affected by a major disaster.
Subsection 1061N of the Social Security Act 1991 (the Act) provides that “the amount of an AGDRP payable to a person in relation to a major disaster that occurs outside Australia is the sum of:
(a) the amount that the Minister determines under subsection 1061P(4) in relation to the disaster; and
(b) if the person is the principal carer of one or more children – 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 principal carer.”
Subsection 1061P(4) provides that “the Minister may determine in writing for the purposes of paragraph 1061N(a) an amount not exceeding the adult rate for the financial year in which the determination is made.”
Subsection 1061P(5) provides that “the Minister may determine in writing for the purposes of paragraph 1061N(b) an amount not exceeding the child rate for the financial year in which the determination is made.”
The Social Security (Australian Government Disaster Recovery Payment - Amount of payment for disasters outside Australia) Determination 2009 (the Determination) sets out the amount of adult and child payments for disasters outside of Australia.
Section 1 of the Determination specifies the name of the Determination.
Section 2 of the Determination provides that it commences on the date it is signed.
Section 3 contains the definition relevant to the Determination.
Section 4 provides that for subsection 1061P(4) of the Act, and for the purposes of paragraph 1061N(a) of the Act, the adult amount of payment is $1000.00.
Section 5 provides that for subsection 1061P(5) of the Act, and for the purposes of paragraph 1061N(b) of the Act, the child amount of payment is $400.00.
Subsection 1061P(6) of the Act provides that a determination under section 1061P is a legislative instrument.
This instrument is not subject to disallowance by the Parliament (subsection 1061P(6) of the Act provides that section 42 of the Legislative Instruments Act 2003 does not apply to the determination).
Formal consultation has not been undertaken as the Determination was required as a matter of urgency.