Explanatory Statement
Social Security (Disaster Recovery Allowance) (Rate Calculator) Determination 2015
This determination is made under Section 1061KC(2) of the Social Security Act 1991 and provides that the Minister must specify a method for calculating the fortnightly rate of the Disaster Recovery Allowance (DRA).
Section 1061KC(1) of the Act provides that the DRA is paid at a daily rate which is calculated by dividing the fortnightly rate by fourteen (14).
Section 1061KC(3) of the Act provides that the fortnightly rate may be nil.
Section 1061KC(4) of the Act provides that if the person is under 22 years of age, the fortnightly rate of DRA must not exceed the maximum basic rate of youth allowance that would be payable to a qualified person.
Section 1061KC(5) of the Act provides that if the person is at least 22 years of age, the fortnightly rate of DRA must not exceed the maximum basic rate of newstart allowance that would be payable to a qualified person.
The Social Security (Disaster Recovery Allowance) (Rate Calculator) Determination 2015
(the Rate Calculator Determination) gives effect to the legislative instrument referred to above and specifies the manner in which the rate of payment for the DRA will be calculated.
Section 1 of the Rate Calculator Determination specifies the name of the determination.
Section 2 of the Rate Calculator Determination provides that it commences on the day after it is signed.
Section 3 of the Rate Calculator Determination contains definitions relevant to this Determination.
Section 4 of the Rate Calculator Determination provides that the DRA is to be calculated in accordance with the Rate Calculator under this section.
An instrument made under Section 1061KC(2) is a legislative instrument subject to disallowance in accordance with Section 42 of the Legislative Instruments Act 2003.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
A Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is provided at Attachment A to this Explanatory Statement.
Section 17 of the Legislative Instruments Act 2003 requires appropriate consultation be undertaken where a proposed instrument is likely to have effect on business. This is provided in Attachment A to this Explanatory Statement.
ATTACHMENT A
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Social Security (Disaster Recovery Allowance) (Rate Calculator) Determination 2015
A determination made under Section 1061KC(2) of the Social Security Act 1991,
Social Security (Disaster Recovery Allowance) (Rate Calculator) Determination 2015 is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Determination
This Determination is made under Section 1061KC(2) of the Social Security Act 1991 and specifies the method in which the fortnightly rate of DRA will be calculated. This ensures the rate of DRA payment is adjusted in accordance with a qualified person’s circumstances.
Consultation
Section 18(2)(a) of the Legislative Instruments Act 2003 provides that consultation may be unnecessary or inappropriate where an instrument is of a minor or machinery nature or does not substantially alter existing arrangements. The Attorney-General’s Department has previously consulted with the then Department of Education, Employment and Workplace Relations (DEEWR). It would not be reasonably practical to consult with the public at large as it does not substantially alter existing arrangements.
Human rights implications
The Determination engages the following human right:
Right to Social Security:
Specifying the method in which the DRA will be calculated engages the right to social security recognised in Article 9 of the International Covenant on Economic, Social and Cultural Rights. The Determination ensures that individuals who claim DRA have a rate calculated based on their age, living arrangements, partnered status and whether they are responsible for a dependent child/children. Where a person may receive a greater rate of payment from another income support payment, their right to apply for another payment is retained. This will generally advance the right to social security.
Conclusion
This Determination is compatible with human rights because it generally advances human rights.