{"id":"F2022L00938","name":"Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2022 (No. 5)","slug":"f2022l00938","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":319194,"registerId":"commonwealth-F2022L00938-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 2022 (No. 5)","content":"![Logo of Department of Home Affairs](image.001.png)\n\nSocial Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2022 (No. 5)\n\nI, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.\n\nDated 27 June 2022\n\nMurray Watt\n\nMinister for Emergency Management\n\n1 Name\n\nThis instrument is the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods) Determination 2022 (No. 5).\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 severe weather, heavy rainfall and associated flooding that commenced on 22 February 2022 in New South Wales affecting the local government areas of Armidale, Ballina, Bayside, Bega Valley, Bellingen, Blacktown, Blue Mountains, Byron, Camden, Campbelltown, Canterbury Bankstown, Central Coast, Cessnock, Clarence Valley, Coffs Harbour, Cumberland, Dungog, Eurobodalla, Fairfield, Georges River, Glen Innes Severn, Goulburn Mulwaree, Hawkesbury, Hornsby, Inner West, Kiama, Kempsey, Ku-ring-gai, Kyogle, Lake Macquarie, Lismore, Lithgow, Liverpool, Maitland, MidCoast, Mid-Western, Muswellbrook, Nambucca, Newcastle, Northern Beaches, Parramatta, Penrith, Port Macquarie Hastings, Port Stephens, Queanbeyan-Palerang, Richmond Valley, Ryde, Shellharbour, Shoalhaven, Singleton, Snowy Monaro, Strathfield, Sutherland, Tenterfield, The Hills, Tweed, Upper Hunter, Waverley, Wingecarribee, Wollondilly and Wollongong.\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 2022 (No.4) is repealed.\n\n6 Savings and transitional\n\nAnything done under the Social Security (Australian Government Disaster Recovery Payment–New South Wales floods) Determination 2022 (No.4) continues to be in effect as if it had been done under this instrument.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"On its face this instrument restates and fixes eligibility categories for the 22 February 2022 NSW floods (listing specific LGAs in s4(1)) and explicitly repeals the prior No.4 determination while preserving actions taken under that instrument (ss5–6). The instrument therefore preserves continuity of scope and entitlements as expressed here. A definitive determination of whether any substantive scope change occurred requires a line‑by‑line comparison with the repealed No.4 text, which is not supplied."},"complexity_factors":["Multiple statutory definitions that determine eligibility (definitions for 'destroyed', 'major damage', 'major asset', 'seriously injured', 'immediate family member', and 'principal place of residence') — see s3.","Monetary threshold and asset aggregation rule for 'major asset' (market value at least $20,000) creates a bright‑line but potentially disputable eligibility trigger — see s3 'major asset'.","Large, explicit list of affected local government areas limits geographic scope and requires accurate mapping of claimants to those LGAs — see s4(1).","Interplay with the Social Security Act via subsection 1061L(2) means this instrument operates by declaring who is 'taken to be adversely affected' rather than creating new payment mechanics — see instrument heading and s4(2).","Transitional and repeal mechanics: this instrument repeals the previous No.4 determination but preserves actions done under it, which raises transitional application questions for ongoing claims — see ss5–6.","A note that 'immediate family member' is used differently to the Act creates potential interpretive divergence between this determination and the parent Act — see s3 note.","Eligibility tests reference factual states (e.g. 'structurally unsound', 'admitted to hospital', 'lawful right to reside') which can require administrative fact‑finding and discretionary assessment by decision‑makers — see s3(1) definitions and s3(2) principal place of residence."],"plain_english_summary":"This instrument declares who is eligible for the Australian Government Disaster Recovery Payment for the New South Wales floods that began 22 February 2022 across a specified list of local government areas. It identifies covered individuals — for example, those seriously injured, immediate family of people killed, owners of principal residences or major assets destroyed or with major damage, and principal carers of affected children — and preserves actions taken under the earlier (No.4) determination."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by its enabling legislation (Social Security Act 1991, section 1061L): declaring specific disasters and eligibility criteria for one-off disaster payments. It has not expanded beyond this purpose."},"complexity_factors":["Short, single-purpose instrument (6 sections, ~2 pages)","5 defined terms in section 3, all with clear, bounded definitions","Simple conditional structure: if in listed area + one of 5 circumstances = eligible","One cross-reference (to Social Security Act 1991, subsection 1061L(2))","No nested exceptions or complex temporal provisions","Straightforward repeal and savings provision (section 5-6)"],"plain_english_summary":"This instrument activates a one‑off Australian Government Disaster Recovery Payment for people affected by the severe New South Wales floods that began 22 February 2022. It covers eligible residents in 56 specified council areas who suffered serious injury, lost an immediate family member, had their main home destroyed or majorly damaged, had major household assets (worth $20,000+) destroyed or damaged, or are principal carers of affected children.\n\nIt provides immediate financial relief (preserving any earlier payments) and was made by the Minister for Emergency Management under the Social Security Act 1991."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/f2022l00938","history":"/api/acts/f2022l00938/history","analysis":"/api/acts/f2022l00938/analysis","conflicts":"/api/acts/f2022l00938/conflicts","importantCases":"/api/acts/f2022l00938/important-cases","documents":"/api/acts/f2022l00938/documents"}}