Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 9)

Link to law: https://www.comlaw.gov.au/Details/F2010L00001

Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 9) Social Security Act 1991
  I, TANYA PLIBERSEK, Minister for Housing and Minister for the Status of Women, make this Determination under subsection 1061L(2) of the Social Security Act 1991.     Dated 31 December 2009         Tanya Plibersek Minister for Housing and Minister for the Status of Women  
  1                    Name of Determination   This Determination is the Social Security (Australian Government Disaster Recovery Payment) Determination 2009 (No. 9).   2                    Commencement   This Determination commences on the day it is signed.   3                    Definitions   In this Determination:   Act means the Social Security Act 1991.   destroyed in relation to a person’s principal place of residence includes a residence being damaged to the extent that it must be demolished. experienced a utility failure in relation to a person’s principal place of residence means: (a)         the principal place of residence was without electricity, water or another essential service for a period of 48 hours or more, and (b)         the utility failure was a result of damage to public or private infrastructure arising as a direct result of the disaster.   major damage in relation to a person’s principal place of residence means:   (a)       at least one-quarter of the residence has been damaged; or   (b)               the residence has been declared structurally unsound as supported by evidence; or   (c)               the residence has been breached, exposing at least   one-quarter of the interior of the residence to the elements.   seriously injured in relation to a person means:   (a)               the person has sustained injury; and   (b)               either:   (i)                 the person was admitted to hospital; or   (ii)               under normal circumstances, the person required admittance to hospital.   unable to return in relation to a person’s principal place of residence means the person could not access their principal place of residence as supported by evidence.   4                    Principal place of residence   In this Determination, a place is to be regarded as the person’s principal place of residence if:   (a)       the place is a place in which the person normally resides; and   (b)       the person has a right or licence entitling the person to lawfully reside in that place.         5                    Person taken to be adversely affected by disaster   For subsection 1061L(2) of the Act, a person is adversely affected by a major disaster mentioned in Schedule 1 if the person is affected in the way mentioned in Schedule 2.    
Schedule 1        Major Disaster                              (section 5)   The bushfires in the Shires of Toodyay, Dandaragan and Coorow in the State of Western Australia that started on 29 December 2009 and that continued in December 2009.   Schedule 2        Adverse circumstances                              (section 5)   As a direct result of the major disaster mentioned in Schedule 1:   (a)          a person is seriously injured; or   (b)          a person’s principal place of residence has been destroyed; or   (c)          a person’s principal place of residence has sustained major damage; or   (d)          a person is unable to return to their principal place of residence for a period of 24 hours or more; or   (e)          a person’s principal place of residence experienced a utility failure for a period of 48 hours or more; or   (f)            where a person (the Principal Carer) is the principal carer of a child (the Dependent Child),   (i)                 the Dependent Child is seriously injured; or   (ii)               the Dependent Child’s principal place of residence has been destroyed; or   (iii)             the Dependent Child’s principal place of residence has sustained major damage; or   (iv)              the Dependent Child is unable to return to their principal place of residence for a period of 24 hours or more; or   (v)                the Dependent Child’s principal place of residence experienced a utility failure for a period of 48 hours or more.
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