{"id":"F2021L00413","name":"Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 4)","slug":"f2021l00413","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319145,"registerId":"commonwealth-F2021L00413-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 4)","content":"![Commonwealth Coat of Arms](image.001.jpeg)\n\nLIN 21/031\n\nSocial Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 4)\n\nI, David Littleproud, Minister for Agriculture, Drought, and Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991 (the Act).\n\nDated 29 March 2021\n\nDavid Littleproud\n\nMinister for Agriculture, Drought and Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 4).\n\n2 Commencement\n\nThis instrument commences on the day it is signed.\n\n3 Definitions\n\n(1)In this instrument:\n\n> destroyed means damaged to the extent that:\n\n(a) for a residence—it must be demolished; or\n\n(b) for a major asset or assets—it is unusable.\n\n> immediate family member, of a person, means:\n\n(a) the person’s partner; or\n\n(b) the person’s natural child, adoptive child or step-child; or\n\n(c) the person’s natural parent, adoptive parent or step-parent; or\n\n(d) the person’s legal guardian; or\n\n(e) the person’s brother, sister, step-brother or step-sister.\n\n> Note This term is used in a different sense to that used in the Act.\n\n> major asset or assets means:\n\n(a) an asset, with a market value of at least $20 000, located at the person’s principal place of residence; or\n\n(b) assets, with a combined market value of at least $20 000, located at the person’s principal place of residence.\n\n> Note: Examples Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.\n\n> major damage means:\n\n(a) for a residence:\n\n(i) damage to the interior of the residence; or\n\n(ii) that the residence is structurally unsound; or\n\n(iii) damage to the residence that exposes the interior of the residence to the elements; or\n\n(iv) sewage contamination of the interior of the residence or of the water supply to the residence; or\n\n(b) for a major asset or assets other than a water tank—that it is damaged by the heavy rainfall or by flood waters, to the extent that it needs to be replaced; or\n\n(c) for a major asset that is a water tank—damage to the extent that it needs to be repaired or cleaned, or the water replaced.\n\n> seriously injured, for a person, means:\n\n(a) the person has sustained an injury; and\n\n(b) because of the injury:\n\n(i) the person was admitted to hospital; or\n\n(ii) under normal circumstances, the person would have been admitted to hospital.\n\n(2)A place of residence is a person’s principal place of residence if:\n\n(a) the person regularly lives at the place with a degree of settled purpose; and\n\n(b) the person has a lawful right to reside at the place; and\n\n(c) the place is not:\n\n(i) a prison or a place of detention; or\n\n(ii) a secondary residence used for holidays.\n\n> Note It is possible for a person to have more than 1 principal place of residence.\n\n4 Person adversely affected by a major disaster\n\n(1)This section applies to the major disaster being the heavy rainfall and associated flooding that commenced on 10 March 2021 in New South Wales affecting the local government areas of Armidale, Ballina, Bathurst, Bega Valley, Bellingen, Blacktown, Blue Mountains, Brewarrina, Byron, Cabonne, Camden, Campbelltown, Canterbury Bankstown, Central Coast, Cessnock, Clarence Valley, Cobar, Coffs Harbour, Cumberland, Dungog, Eurobodalla, Fairfield, Gilgandra, Glen Innes Severn, Gunnedah, Gwydir, Hawkesbury, Hornsby, Inner West, Inverell, Kempsey, Ku-ring-gai, Kyogle, Lachlan, Lake Macquarie, Lismore, Lithgow, Liverpool, Liverpool Plains, Maitland, Mid-Coast, Moree Plains, Nambucca Valley, Narrabri, Newcastle, Northern Beaches, Oberon, Orange, Parramatta, Penrith, Port Macquarie-Hastings, Port Stephens, Queanbeyan-Palerang, Richmond Valley, Shoalhaven, Singleton, Sutherland, Tenterfield, The Hills, Tweed, Walcha, Walgett, Wingecarribee and Wollondilly.\n\n(2)For subsection 1061L(2) of the Act, a person is taken to be adversely affected by the major disaster if any of the following circumstances apply:\n\n(a) the person is seriously injured as a direct result of the disaster;\n\n(b) the person is an immediate family member of an Australian who is killed as a direct result of the disaster;\n\n(c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster;\n\n(d) a major asset or assets of the person has or have been destroyed or suffered major damage as a direct result of the disaster;\n\n(e) the person is a principal carer of a child to whom paragraph (a), (b), (c) or (d) applies.\n\n5 Repeal\n\nSocial Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 3) is repealed.\n\n6 Savings and transitional\n\nAnything done under the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2021 (No. 3) continues to be in effect as if it had been done under this instrument.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals Determination No. 3 but preserves anything done under it as if done under this instrument. The text itself sets geographic and eligibility scope (LGAs and defined criteria) and does not, on its face, indicate a substantive change to that scope."},"complexity_factors":["Cross-reference to Social Security Act subsection 1061L(2) (legal dependency on primary statute).","Several multi‑part defined terms with factual thresholds (destroyed, major damage, major asset with $20,000 market value).","Long explicit list of local government areas that fixes geographic scope.","Eligibility depends on mixed legal and factual tests (e.g. 'lawful right to reside', 'degree of settled purpose', hospital admission expectations).","Repeal of the prior Determination (No. 3) with a savings/transitional clause preserving past acts."],"plain_english_summary":"This instrument specifies who is treated as \"adversely affected\" for the Australian Government Disaster Recovery Payment after the New South Wales floods beginning 10 March 2021. It names the affected local government areas and sets clear eligibility triggers: serious injury, death of an immediate family member, destruction or major damage to a principal residence or major assets, or being the principal carer of an affected child. The designation determines who may qualify for the one‑off federal disaster payment."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the standard scope of disaster recovery payment determinations. It follows the established template for activating payments under the Social Security Act 1991, defining eligibility for a specific declared disaster without expanding beyond the original legislative intent of providing immediate financial assistance to disaster-affected individuals."},"complexity_factors":["Short length (6 sections, approximately 2 pages)","Straightforward structure: definitions, eligibility criteria, repeal and savings","Limited cross-referencing (only references subsection 1061L(2) of the Social Security Act 1991)","5 defined terms in section 3, plus 2 additional defined concepts ('destroyed' and 'major damage' have nested definitions)","Eligibility criteria are a simple disjunctive list (paragraphs (a)-(e)) with no nested exceptions or complex conditional logic","Geographic scope is a simple list of 55 local government areas with no mapping or boundary descriptions required"],"plain_english_summary":"This instrument declares the heavy rainfall and flooding from 10 March 2021 in 55 NSW council areas a \"major disaster\" under the Social Security Act, triggering a one‑off Australian Government Disaster Recovery Payment.\n\nIt sets who is \"adversely affected\" and therefore eligible — e.g. seriously injured or bereaved family members, those whose main home was destroyed or suffered major damage, owners of major assets (≥$20,000) badly damaged, and principal carers of affected children — allowing Centrelink to process claims."}},"importantCases":[],"_links":{"self":"/api/acts/f2021l00413","history":"/api/acts/f2021l00413/history","analysis":"/api/acts/f2021l00413/analysis","conflicts":"/api/acts/f2021l00413/conflicts","importantCases":"/api/acts/f2021l00413/important-cases","documents":"/api/acts/f2021l00413/documents"}}