Social Security (Disaster Recovery Allowance) (Rate calculator) Determination 2013

Overview

The Social Security (Disaster Recovery Allowance) (Rate Calculator) Determination 2013 was enacted to provide a structured method for calculating the fortnightly rate of the Disaster Recovery Allowance (DRA) under the Social Security Act 1991. This determination was introduced to ensure that the rate of DRA payment is appropriately adjusted based on the circumstances of the qualified individuals, such as their age, living arrangements, and whether they have dependent children. It was made by the Minister under Section 1061KC(2) of the Act and commenced on the date it was registered. The policy objective behind this legislation is to provide a fair and equitable method of calculating the DRA, ensuring that the assistance provided is consistent with the principles of social security as recognised in international human rights instruments. The determination also ensures compatibility with human rights by engaging the right to social security as recognised in Article 9 of the International Covenant on Economic, Social and Cultural Rights.

Scope and Application

The Social Security (Disaster Recovery Allowance) (Rate Calculator) Determination 2013 applies to individuals who are eligible for the Disaster Recovery Allowance (DRA) under the Social Security Act 1991. It specifies the method for calculating the fortnightly rate of the DRA, ensuring that payments are adjusted based on the claimant's age, living arrangements, partnered status, and whether they are responsible for dependent children. The determination is applicable nationally across Australia, as it is made under federal legislation. Notably, the fortnightly rate of DRA cannot exceed the maximum basic rate of youth allowance for those under 22 years of age, or the maximum basic rate of newstart allowance for those aged 22 or over. This legislative instrument is subject to disallowance under the Legislative Instruments Act 2003, and it has been declared compatible with human rights, specifically engaging the right to social security as recognised in the International Covenant on Economic, Social and Cultural Rights.

Key Provisions

The Social Security (Disaster Recovery Allowance) (Rate Calculator) Determination 2013 provides a specific method for calculating the fortnightly rate of the Disaster Recovery Allowance (DRA) under Section 1061KC(2) of the Social Security Act 1991 (the Act). This method, detailed in Section 4 of the Determination, ensures that the DRA is calculated based on a qualified person's circumstances, including their age, living arrangements, partnered status, and responsibility for dependent children. Section 1061KC(1) of the Act requires that the DRA is paid at a daily rate, which is calculated by dividing the fortnightly rate by fourteen (14), while Section 1061KC(3) allows for the possibility that the fortnightly rate may be nil. Additionally, Sections 1061KC(4) and 1061KC(5) of the Act specify that the fortnightly rate must not exceed the maximum basic rate of youth allowance for those under 22 years of age or the maximum basic rate of newstart allowance for those aged 22 years or older. The Determination imposes several obligations on the parties involved. The Minister, under Section 1061KC(2) of the Act, is required to specify the method for calculating the DRA, which is done through this Determination. The method outlined ensures that the DRA is calculated in a manner that is fair and reflective of the claimant's specific circumstances. Furthermore, the Determination ensures that claimants have their rates calculated in a transparent and consistent manner, aligning with their entitlement based on age and other relevant factors. The Determination also retains the right of individuals to apply for other income support payments if they are eligible for a higher rate. Failure to comply with the provisions of the Determination could result in various consequences. While the Determination itself does not explicitly list offences, penalties, or consequences for breach, breaches of the Social Security Act 1991, under which this Determination is made, can lead to civil and criminal penalties. For example, Section 1210 of the Act allows for the imposition of fines for fraudulent claims, with the maximum penalty varying based on the nature and extent of the fraud. Additionally, Section 1211 of the Act provides for imprisonment for offences related to false statements or documents, with penalties ranging from fines to imprisonment depending on the severity of the offence. These potential penalties underscore the importance of adhering to the calculation method specified in the Determination. In summary, the Social Security (Disaster Recovery Allowance) (Rate Calculator) Determination 2013 provides a clear and structured method for calculating the fortnightly rate of DRA, ensuring it is fair and reflective of the claimant's circumstances. The Determination imposes obligations on the Minister to specify this method and on claimants to ensure their circumstances are accurately represented. While the Determination itself does not detail specific penalties, the broader legislative framework provides for significant consequences for non-compliance, reinforcing the importance of adherence to the specified calculation method.