Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2019 (No. 16) (Cth)

Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2019 (No. 16)

I, David Littleproud, Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management, make the following determination under subsection 1061L(2) of the Social Security Act 1991.

Dated: 4 December 2019

David Littleproud The Hon. David Littleproud MP Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management

1 Name (1) This instrument is the Social Security (Australian Government Disaster Recovery Payment—Victorian Bushfires) Determination 2019 (No. 16) (2) This instrument may also be cited as LIN 19/312.

2 Commencement This instrument commences on the day it is signed. Note: Any retrospective application of this instrument is permitted by operation of subsection 12(2) of the Legislation Act 2003.

3 Definitions (1) In this instrument: Act means the Social Security Act 1991. destroyed, for a place of residence, include a residence damaged to the extent that it must be demolished. immediate family member, of a person, means: (a) the person's partner; or (b) the person's natural child, adoptive child or step-child; or (c) the person's natural parent, adoptive parent or step-parent; or (d) the person's legal guardian; or (e) the person's brother, sister, step-brother or step-sister. Note: This term is used in a different sense to that used in the Act. major damage, for a residence, means: (a) damage to the interior of the residence; or (b) that the residence is structurally unsound; or (c) damage to the residence that exposes the interior of the residence to the elements; or (d) sewage contamination of the interior of the residence or of the water supply to the residence. seriously injured, for a person, means: (a) the person has sustained an injury; and (b) because of the injury: (i) the person was admitted to hospital; or (ii) under normal circumstances, the person would have been admitted to hospital. (2) A place of residence is a person's principal place of residence if the person regularly lives at the place with a degree of settled purpose and the person has a lawful right to reside at the place unless the place is: (a) a prison or a place of detention; or (b) a secondary residence used for holidays. Note: It is possible for a person to have more than one principal place of residence.