Explanatory Statement
Social Security (Disaster Recovery Allowance) (Prescribed Payments) Determination 2015
This determination is made under Section 1061KA(5) of the Social Security Act 1991 and provides that the Minister may prescribe income support payments that a person must not be in receipt of in order to qualify for the Disaster Recovery Allowance.
Section 36A of the Act empowers the Minister to determine in writing that an event is a “Part 2.23A major disaster” if the Minister is satisfied that an event is a disaster that has such a significant impact on individuals that a Government response in the form of income support is required and that the event is of national significance.
Section 1061KA of the Social Security Act 1991 (the Act) provides the qualification criteria for the DRA.
Section 1061KA(1) of the Act specifies the qualification criteria for DRA. One of the qualification criteria is that the Minister has determined in writing that the event is a Part 2.23 major disaster.
Section 1061KA(2) of the Act provides that a person under 22 years of age is not qualified if they are wholly or substantially dependent on another person (other than their partner); they are not a parent; and their income for that financial year is under $6,403.
Section 1061KA(3) of the Act provides that where the Minister has specified one or more affected industries under Section 36A, the DRA will only be granted to a person that earns, derives or receives income from one of those industries and does so through working in one of those areas.
Section 1061KA(4) of the Act provides that where the Minister has specified one or more affected areas under Section 36A, the DRA will only be granted to a person that earns, derives or receives income from one of those areas and does so through working in one of those areas, or to a person who resides in one of those areas.
Section 1061KA(6) of the Act gives the Minister the power to prescribe additional eligibility criteria for the DRA via written determination.
Section 1061KA(7) of the Act provides that determinations made under section 1061KA (this instrument) are not subject to disallowance meaning that Section 42 of the Legislative Instruments Act 2003 does not apply.
The Prescribed Payments Determination gives effect to the declaration referred to above and provides the DRA will not be granted if a person is in receipt of the prescribed payments.
Section 1 of the Prescribed Payments Determination specifies the name of the determination.
Section 2 of the Prescribed Payments Determination provides that it commences on the date after it is registered.
Section 3 of the Prescribed Payments Determination contains definitions relevant to this Determination.
Section 4 of the Prescribed Payments Determination provides the prescribed payments that exclude persons from being granted the DRA.