{"id":"F2026L00309","name":"Social Security (AGDRP—Queensland—Rainfall and Flooding—February to March) Determination 2026","slug":"social-security-agdrp-queensland-rainfall-and-flooding-february-to-march-determination-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107859,"registerId":"commonwealth-F2026L00309-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Social Security (AGDRP—Queensland—Rainfall and Flooding—February to March) Determination 2026.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences immediately after it is signed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 1061L(2) of the Social Security Act 1991.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n  (1) In this instrument:\n\n> Act means the Social Security Act 1991.\n\n> destroyed means damaged to the extent that:\n\n    (a) for a residence—it must be demolished; or\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    (b) the person’s natural child, adoptive child or step-child; or\n    (c) the person’s natural parent, adoptive parent or step-parent; or\n    (d) the person’s legal guardian; or\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 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    (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    (i) damage to the interior of the residence; or\n    (ii) that the residence is structurally unsound; or\n    (iii) damage to the residence that exposes the interior of the residence to the elements; or\n    (iv) sewage contamination of the interior of the residence; or\n\n    (b) for a major asset or assets other than a water tank—that the asset is flooded or water damaged to the extent that it needs to be replaced; or\n    (c) for a major asset that is a water tank—damage to the extent that the tank needs to be repaired or cleaned, or the water contained in it needs to be replaced.\n\n> seriously injured, for a person, means:\n\n    (a) the person has sustained an injury; and\n    (b) because of the injury:\n    (i) the person was admitted to hospital; or\n    (ii) under normal circumstances, the person would have been admitted to hospital.\n  (2) A place of residence is a person’s principal place of residence if:\n    (a) the person regularly lives at the place with a degree of settled purpose; and\n    (b) the person has a lawful right to reside at the place; and\n    (c) the place is not:\n    (i) a prison or a place of detention; or\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.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Person adversely affected by a major disaster","content":"#### 5 Person adversely affected by a major disaster\n\n  (1) This section applies to the major disaster being the rainfall and flooding that commenced on 14 February 2026 and continues through March in Queensland, which has affected, or is affecting, one or more areas mentioned in Schedule 1.\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    (a) the person is seriously injured as a direct result of the disaster;\n    (b) the person is an immediate family member of an Australian citizen or resident who is missing and presumed killed, or killed, as a direct result of the disaster;\n    (c) the person’s principal place of residence has been destroyed or has major damage as a direct result of the disaster;\n    (d) a major asset of the person has been destroyed or has major damage as a direct result of the disaster;\n    (e) the person is a carer of a child to whom paragraph (a), (b), (c) or (d) applies.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Repeal","content":"#### 6 Repeal\n\n  (1) This instrument is repealed on the day after the end of the period of two years that begins on the day the instrument commences.","sortOrder":5}],"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose: declaring a specific disaster and defining eligibility for a one-off payment. It has not expanded beyond the standard template for AGDRP determinations."},"complexity_factors":["Short, single-purpose instrument (6 sections, 2 pages)","Only 5 defined terms in the interpretation section","No cross-references to other legislation beyond the enabling provision (Social Security Act 1991, section 1061L)","Simple conditional structure: if X circumstance applies, person is adversely affected","No nested exceptions or complex procedural requirements","Straightforward deeming provision (section 5) that operates as a simple checklist"],"plain_english_summary":"This temporary determination sets who is “adversely affected” for the Australian Government Disaster Recovery Payment for the Queensland floods from 14 Feb 2026 through March, so eligible people can claim a one‑off federal payment. Eligibility covers those seriously injured, immediate family of those killed or missing, people whose principal home was destroyed or suffered major damage, owners of major home assets (≥$20,000) destroyed/majorly damaged, and carers of affected children.\n\nIt explains key definitions (destroyed, major damage, immediate family, principal residence) and expires two years after commencement."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This determination applies the Social Security Act's disaster‑assistance mechanism to the specified Queensland rainfall/flooding by declaring particular classes of people to be \"taken to be adversely affected\" (s5). It temporarily adjusts who is within the Act's disaster scope for those Schedule 1 areas (commencing on signature and repealing one day after two years, ss2,6). Eligibility is confined to the circumstances and definitions set out in the instrument (ss4–5), including a $20,000 major‑asset threshold and specific tests for 'destroyed' and 'major damage'."},"complexity_factors":["Event‑specific determination: applies only to rainfall/flooding commencing 14 Feb 2026 and areas in Schedule 1 (s5(1))","Multiple detailed definitions that determine eligibility (destroyed, major damage, major asset, seriously injured, immediate family) (s4)","Monetary threshold for 'major asset' ($20,000) creates an objective cutoff to assess eligibility (s4: major asset)","Different definition of 'immediate family' from the Act, creating potential definitional mismatch (s4 note + immediate family list)","Tests for 'seriously injured' depend on hospital admission or a hospital‑level injury standard (s4: seriously injured)","Principal place of residence test requires settled purpose and lawful right to reside, and excludes prisons/holiday residences—adds factual inquiry (s4(2))","Temporal limitation: immediate commencement on signature and automatic repeal after two years (ss2,6)","Legal cross‑reference: instrument operates by deeming persons \"taken to be adversely affected\" for subsection 1061L(2)—administrative effect depends on interaction with the Social Security Act (s3, s5(2))","Operational enforcement requires factual assessments (e.g. value of assets, extent of damage, proof of hospital admission, kinship), creating administrative discretion and compliance costs (ss4–5)"],"plain_english_summary":"This instrument (made under s1061L(2) of the Social Security Act) declares the 14 February–March 2026 Queensland rainfall and flooding (areas in Schedule 1) a major disaster for social‑security purposes and specifies which people are treated as \"adversely affected.\" Eligible categories include people seriously injured, immediate family of missing or killed citizens/residents, people whose principal residence or major assets (≥ $20,000) are destroyed or have major damage, and carers of affected children. That designation triggers disaster‑related eligibility and decisions under the Act (see ss4–6)."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-agdrp-queensland-rainfall-and-flooding-february-to-march-determination-2026","history":"/api/acts/social-security-agdrp-queensland-rainfall-and-flooding-february-to-march-determination-2026/history","analysis":"/api/acts/social-security-agdrp-queensland-rainfall-and-flooding-february-to-march-determination-2026/analysis","conflicts":"/api/acts/social-security-agdrp-queensland-rainfall-and-flooding-february-to-march-determination-2026/conflicts","importantCases":"/api/acts/social-security-agdrp-queensland-rainfall-and-flooding-february-to-march-determination-2026/important-cases","documents":"/api/acts/social-security-agdrp-queensland-rainfall-and-flooding-february-to-march-determination-2026/documents"}}