Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2) (Cth)

LIN 23/093

Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2)

I, Madeleine King, Acting Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991. Dated 19 December 2023 Time: 4:23pm AEDT Madeleine King Acting Minister for Emergency Management

1 Name This instrument is the Social Security (Australian Government Disaster Recovery Payment—Tropical Cyclone Jasper—December 2023) (LIN 23/093) Determination 2023 (No. 2).

2 Commencement This instrument commences immediately after it is signed.

3 Definitions (1) In this instrument: destroyed means damaged to the extent that: (a) for a residence—it must be demolished; or (b) for a major asset or assets—it is unusable. 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 asset means: (a) an asset, with a market value of at least $20 000, located at the person's principal place of residence; or (b) assets, with a combined market value of at least $20 000, located at the person's principal place of residence. Examples Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment. major damage means: (a) for a residence: (i) damage to the interior of the residence; or (ii) that the residence is structurally unsound; or (iii) damage to the residence that exposes the interior of the residence to the elements; or (iv) sewage contamination of the interior of the residence or of the water supply to the residence; or (b) for a major asset or assets other than a water tank—that the asset is damaged by severe weather, including storms, or by flood waters, to the extent that it needs to be replaced; or (c) for a major asset that is a water tank—damage to the extent that the water tank needs to be repaired or cleaned, or the water contained in the water tank is contaminated as a result of the major disaster specified in section 4 and needs to be replaced. 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: (a) the person regularly lives at the place with a degree of settled purpose; and (b) the person has a lawful right to reside at the place; and (c) the place is not: (i) a prison or a place of detention; or (ii) a secondary residence used for holidays. Note It is possible for a person to have more than 1 principal place of residence.