{"id":"F2023L00090","name":"Social Security (Disaster Recovery Allowance)(Prescribed payments) Determination 2022","slug":"social-security-disaster-recovery-allowance-prescribed-payments-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103748,"registerId":"commonwealth-F2023L00090-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Disaster Recovery Allowance)(Prescribed payments) Determination 2022","content":"![Commonwealth coat of arms](image.001.png)\n\nLIN 22/104\n\nSocial Security (Disaster Recovery Allowance)(Prescribed payments) Determination 2022\n\nI, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061KA(5) of the Social Security Act 1991 (the Act).\n\nDated 27 January 2023\n\nMurray Watt\n\nMinister for Emergency Management\n\n  \n\n1 Name of instrument\n\nThis instrument is the Social Security (Disaster Recovery Allowance)(Prescribed payments) Determination 2022.\n\n2 Commencement\n\nThis instrument commences on the day after it is registered.\n\n3 Excluded payments\n\nFor paragraph 1061KA(1)(h) of the Act, each of the following payments is a prescribed payment:\n\n(a) parental leave pay under the Paid Parental Leave Act 2010;\n\n(b) dad and partner pay under the Paid Parental Leave Act 2010;\n\n(c) service pension within the meaning of subsection 5Q(1) of the Veteran’s Entitlements Act 1986;\n\n(d) income support supplement under Part IIIA of the Veteran’s Entitlements Act 1986;\n\n(e) special benefit under Part 2.15 of the Act;\n\n(f) ABSTUDY Living Allowance under the ABSTUDY Scheme (also called the Aboriginal and Torres Strait Islander Study Assistance Scheme);\n\n(g) veteran payment under Part IIIAA of the Veteran’s Entitlements Act 1986.\n\n> Note A person is not qualified for a Disaster Recovery Allowance if the person is receiving a prescribed payment—see Act, s. 1061KA((1)(h).\n\n4 Repeal\n\nThis instrument repeals the Social Security (Disaster Recovery Allowance) (Prescribed payments) Determination 2013 (F2013L01964) and Social Security (Disaster Recovery Allowance) (Prescribed payments) Determination 2015 (F2015L00677).","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":2,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the 2013 and 2015 determinations (s.4) and re‑states a list of prescribed payments (s.3), so the legal instrument in force is changed. From the text supplied, it is not possible to determine whether the substantive list of excluded payments differs from the prior determinations; the instrument at minimum effects a formal replacement and may alter administrative practice."},"complexity_factors":["Short, single-purpose instrument with limited provisions (name, commencement, prescribed payments, repeal).","Cross-references to multiple external statutes require reading other Acts: Social Security Act 1991 (s.1061KA), Paid Parental Leave Act 2010, Veteran’s Entitlements Act 1986, and ABSTUDY Scheme.","Some listed items rely on definitions inside other Acts (e.g. “service pension within the meaning of subsection 5Q(1)”), creating interpretive dependency.","Repeal clause (s.4) replaces earlier instruments, requiring administrators to reconcile historical eligibility guidance and records.","Immediate commencement provision (s.2) has administrative timing implications for implementation and communication to affected persons."],"plain_english_summary":"This instrument names specific payments that stop a person qualifying for the Social Security Disaster Recovery Allowance under s.1061KA(1)(h) of the Social Security Act 1991. The list in s.3 includes parental leave pays, dad and partner pay, certain veteran pensions and supplements, special benefit, and the ABSTUDY Living Allowance; it repeals earlier determinations (s.4). It affects recipients of those payments by removing eligibility for the Disaster Recovery Allowance and commences the day after registration (s.2)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains the same narrow, technical purpose as its predecessors: specifying which payments disqualify a person from receiving Disaster Recovery Allowance. The 2022 version updates the list of excluded payments (adding veteran payment and ABSTUDY Living Allowance, removing some older payment types) but does not expand the instrument's scope beyond its original function."},"complexity_factors":["Very short instrument (only 4 operative sections)","No defined terms section — relies entirely on definitions in parent Acts","Simple list structure with no conditional logic or exceptions","Only cross-references are to specific sections of three parent Acts (Social Security Act 1991, Paid Parental Leave Act 2010, Veterans' Entitlements Act 1986)","Straightforward repeal of two previous instruments with no transitional provisions"],"plain_english_summary":"This instrument updates the list of government payments that disqualify someone from receiving the Disaster Recovery Allowance, a short-term income support for people who lose income due to a major disaster. It affects recipients of certain parental, veteran, student and safety‑net payments to prevent double‑dipping.\n\nSigned by the Minister for Emergency Management under the Social Security Act 1991, it replaces earlier lists from 2013 and 2015."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-disaster-recovery-allowance-prescribed-payments-determination-2022","history":"/api/acts/social-security-disaster-recovery-allowance-prescribed-payments-determination-2022/history","analysis":"/api/acts/social-security-disaster-recovery-allowance-prescribed-payments-determination-2022/analysis","conflicts":"/api/acts/social-security-disaster-recovery-allowance-prescribed-payments-determination-2022/conflicts","importantCases":"/api/acts/social-security-disaster-recovery-allowance-prescribed-payments-determination-2022/important-cases","documents":"/api/acts/social-security-disaster-recovery-allowance-prescribed-payments-determination-2022/documents"}}