Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006 (82 of 2006)

Schedule 4   Australian Government Disaster Recovery Payment

Part 1   Main amendments

Social Security Act 1991

5   Part 2.24 of Chapter 2

Repeal the Part, substitute:

Part 2.24 - Australian Government Disaster Recovery Payment

Division 1 - Qualification for Australian Government Disaster Recovery Payment

1061K Qualification for Australian Government Disaster Recovery Payment

(1) A person is qualified for an Australian Government Disaster Recovery Payment if:

(a) the person is at least 16 years old, or is receiving a social security payment; and

(b) the person:

(i) is an Australian resident; or

(ii) is the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v); or

(iii) is receiving a social security payment; or

(iv) is an Australian citizen who is not an Australian resident and who is covered by a determination under subsection (3); and

(c) the person is adversely affected by a major disaster.

Note 1: For Australian resident see section 7.

Note 2: For adversely affected see section 1061L.

Note 3: For major disaster see section 36.

(2) The Minister may determine in writing that a specified class of Australian citizens who are not Australian residents can qualify for an AGDRP.

Note: For Australian resident see section 7.

(3) A determination made under subsection (2) is a legislative instrument, but section 42 of the Legislative Instruments Act 2003 does not apply to the determination.

(4) A person cannot be qualified for more than one AGDRP in relation to the same major disaster.

1061L Meaning of adversely affected

(1) For the purposes of this Act, a person is adversely affected by a major disaster if the person is affected by the disaster in a way determined by the Minister in relation to the disaster.

(2) The Minister may determine in writing, in relation to a major disaster, the circumstances in which persons are to be taken to be adversely affected by the disaster.

(3) A determination made under this section is a legislative instrument, but section 42 of the Legislative Instruments Act 2003 does not apply to the determination.

Division 2 - Amount of Australian Government Disaster Recovery Payment

1061M Amount of payment for disasters in Australia

(1) The amount of an AGDRP payable to a person in relation to a major disaster that occurs in Australia is the sum of:

(a) the adult rate for the financial year in which the major disaster is declared under section 36; and

(b) if the person is the principal carer of one or more children - the amount worked out by multiplying the child rate for that financial year by the number of children for whom the person is the principal carer.

Note 1: For major disaster see section 36.

Note 2: For principal carer see subsections 5(15) to (24).

(2) For the purposes of this Division, the adult rate for a financial year is:

(a) the amount that the Minister determines under subsection 1061P(1) to be the adult rate for the financial year; or

(b) if the Minister has not determined an adult rate for the financial year - the amount that the Minister last determined to be the adult rate for a previous financial year; or

(c) if the Minister has never determined an adult rate for any financial year - $1,000.

(3) For the purposes of this Division, the child rate for a financial year is:

(a) the amount that the Minister determines under subsection 1061P(2) to be the child rate for the financial year; or

(b) if the Minister has not determined a child rate for the financial year - the amount that the Minister last determined to be the child rate for a previous financial year; or

(c) if the Minister has never determined a child rate for any financial year - $400.

1061N Amount of payment for disasters outside Australia

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.

Note 1: For major disaster see section 36.

Note 2: For principal carer see subsections 5(15) to (24).

1061P Determinations of rates

(1) The Minister may determine in writing for the purposes of subsection 1061M(2) the adult rate for a financial year.

(2) The Minister may determine in writing for the purposes of subsection 1061M(3) the child rate for a financial year.

(3) A determination under subsection (1) or (2) must be made in the financial year preceding the year to which the determination relates.

(4) 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.

(5) 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.

(6) A determination made under this section is a legislative instrument, but section 42 of the Legislative Instruments Act 2003 does not apply to the determination.