{"id":"F2020L00039","name":"Social Security (Disaster recovery allowance rate calculator) Determination 2020","slug":"social-security-disaster-recovery-allowance-rate-calculator-determination-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100586,"registerId":"commonwealth-F2020L00039-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Disaster recovery allowance rate calculator) Determination 2020","content":"![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nSocial Security (Disaster recovery allowance rate calculator) Determination 2020\n\nI, David Littleproud, Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management, make this instrument under subsection 1061KC(2) of the Social Security Act 1991.\n\nDated 19 January 2020\n\nMinister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management\n\n1 Name of instrument\n\nThis instrument is the Social Security (Disaster recovery allowance rate calculator) Determination 2020.\n\n2 Commencement\n\nThis instrument is taken to have commenced on 1 July 2019.\n\n3 Definitions\n\nIn this instrument:\n\n> Act means the Social Security Act 1991.\n\n> average weekly income means the average weekly ordinary earnings for a full-time adult in Australia according to the Australian Bureau of Statistics.\n\n> compensation payment means any payment to a person for personal injury, disease, illness or loss that compensate the person, at least in part, for a loss of earnings or capacity to earn, other than:\n\n(a) landlord protection insurance or other payment that compensates for loss of rental income on rental property; or\n\n(b) a payment to the person under an income protection insurance policy related to the person’s inability to earn, derive or receive income from remunerative work.\n\n> disaster affected income, for a person, means the fortnightly income that the person has earned, received or derived, or will earn, receive or derive, in the 13 weeks after the date when the person suffered a loss of income as a direct result of the Part 2.23 major disaster.\n\n> income, for a person:\n\n(a) includes:\n\n(i) an income amount earned, received or derived by the person for the person’s own use or benefit; or\n\n(ii) a periodical payment of a gift or allowance; or\n\n(iii) a periodical benefit of a gift or allowance; and\n\n(b) does not include:\n\n(i) any amount excluded by subsection 8(4), (5) or (8) of the Act; or\n\n(ii) interest or investment returns on an amount held in a bank account or trust for a person (the trustee) where the trustee does not, at the time the trustee’s income is being assessed under this instrument, have access to the interest or investment returns earned; or\n\n(iii) an amount paid by a proprietary company to a person who is a director of or shareholder in the company other than an amount that is earned, derived or received by the person as an employee of the company; or\n\n(iv) compensation payments; or\n\n(v) adjusted disability pension payments under section 118NA of the Veterans’ Entitlement Act 1986.\n\n> Note income is used in a difference sense to that used in the Act.\n\n> income amount means any of the following, whether or not of a capital nature:\n\n(a) valuable consideration;\n\n(b) personal earnings;\n\n(c) moneys;\n\n(d) profits.\n\n4 Disaster recovery allowance rate calculator\n\nThe fortnightly rate of disaster recovery allowance is to be worked out in accordance with this section.\n\nMethod statement\n\n| Step 1 | Work out the person’s maximum rate of disaster recovery allowance under:(a) if the person is under 22 years—subsection 1061KC(4) of the Act; or(b) if the person is at least 22 years—subsection 1061KC(5) of the Act.                                                                     |\n| ------ | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| Step 2 | Work out the person’s disaster affected income.                                                                                                                                                                                                                                            |\n| Step 3 | Multiply the person’s disaster affected income by 26 to work out the person’s annualised disaster affected income.                                                                                                                                                                         |\n| Step 4 | Multiply the average weekly income by 52 to work out annualised average weekly income.                                                                                                                                                                                                     |\n| Step 5 | If the person’s annualised disaster affected income is at least annualised average weekly earnings, the fortnightly rate is nil.                                                                                                                                                           |\n| Step 6 | If the person’s annualised disaster affected income is less than annualised average weekly earnings, the fortnightly rate is the maximum rate.                                                                                                                                             |\n| Step 7 | If, based on information provided by the person, the person’s annualised disaster affected income for any fortnightly period after the first fortnight the person receives DRA is at least the annualised average weekly earnings, the person’s fortnightly rate for that fortnight is nil |\n\n5 Application\n\n(1) This instrument applies in relation to a Part 2.23B major disaster determined by the Minister under subsection 36A(1) of the Act on or after 1 July 2019.\n\n(2) However, if under the Social Security (Disaster Recovery Allowance) (Rate calculator) Determination 2015 (the old instrument) the amount a person would, but for subsection (1) and section 6, receive for the period commencing on 1 July 2019 and ending on the day this instrument is registered, is greater than the amount the person would receive under this instrument for that period, the old instrument as in force immediately before the commencement of this instrument continues to apply on and after that commencement to the person.\n\n6 Repeal\n\n(1) The Social Security (Disaster Recovery Allowance) (Rate calculator) Determination 2015 (registered instrument F2015L00022) is repealed.\n\n(2) Despite the repeal of Social Security (Disaster Recovery Allowance) (Rate calculator) Determination 2015 by subsection (1), that instrument as in force immediately before the commencement of this instrument continues to apply on and after the commencement of this instrument to a Part 2.23B major disaster determined by the Minister under subsection 36A(1) of the Act before 1 July 2019.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument replaces the 2015 rate‑calculator and takes effect from 1 July 2019 for Part 2.23B major disasters declared on or after that date (see s2 and s5(1)). It expressly repeals the 2015 Determination but preserves the old instrument for disasters declared before 1 July 2019 and for any person who would receive a greater amount under the old instrument for the period from 1 July 2019 to registration (see s5 and s6)."},"complexity_factors":["Cross-reference to the Social Security Act (subsections 1061KC(4) and (5)) to determine the maximum fortnightly rate (see s4 Step 1).","Multiple, specific definitions of income and exclusions (including compensation payments, certain company payments and trustee-held returns) that alter what counts as ‘disaster affected income’ (see s3 definitions).","Dependence on an external statistical benchmark (ABS average weekly ordinary earnings) as a trigger point (see s3 and s4 Step 4).","Simple arithmetic annualisation steps (multiply fortnightly by 26; weekly by 52) but applied to different measurement periods (see s4 Steps 3–4).","Clear conditional logic that yields either nil or the maximum rate, creating a cliff‑edge at the benchmark (see s4 Steps 5–6).","Ongoing assessment requirement where a person must provide information for subsequent fortnights and rate can change to nil (see s4 Step 7).","Transitional and repeal provisions preserving the 2015 Determination for certain persons and disasters, adding administrative complexity (see s5 and s6).","Applicability hinges on a ministerial determination of a Part 2.23B major disaster, introducing a single decision point that controls coverage (see s5(1)).","Administrative burden on agencies and recipients to verify, forecast and compare short‑term income streams over defined post‑loss windows (implied by s3 and s4)."],"plain_english_summary":"This instrument prescribes the formula used to calculate a person’s fortnightly Disaster Recovery Allowance (DRA). It annualises a person’s 13‑week “disaster affected income” and compares it to annualised average weekly earnings (ABS): if the person’s annualised disaster income is at least that benchmark the fortnightly DRA is nil, otherwise the person receives the maximum fortnightly rate (age‑based). It applies to Part 2.23B major disasters declared on or after 1 July 2019 and repeals the 2015 calculator with transitional protections."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (the 2015 Determination). It is a technical instrument that performs the same function—calculating DRA rates—using the same fundamental methodology (comparing disaster-affected income to average weekly earnings). The 2020 version updates the instrument for disasters declared from 1 July 2019 onwards but does not expand the scope beyond the original purpose of providing a rate calculation methodology for disaster recovery payments."},"complexity_factors":["Nested conditional logic in the 7-step method statement with branching outcomes (Steps 5-6 present mutually exclusive conditions, Step 7 adds a temporal condition for subsequent fortnights)","Cross-referencing to external legislation (Social Security Act 1991, Veterans' Entitlements Act 1986) for defined terms and maximum rate calculations","Complex defined terms requiring multi-layered interpretation (particularly 'income' with 3 inclusions and 5 exclusions, and 'compensation payment' with 2 specific carve-outs)","Mathematical conversion requirements (fortnightly to annualised figures using multipliers of 26 and 52)","Transitional provisions creating parallel application regimes (section 5 and 6 create complex interplay between 2015 and 2020 instruments based on disaster declaration dates and registration dates)","Note indicating 'income' is used in a different sense to the parent Act, creating potential confusion for those familiar with social security law"],"plain_english_summary":"This law sets the rules for the Disaster Recovery Allowance (DRA), a payment for people who lose income because of a declared major disaster on or after 1 July 2019. It uses a 7‑step test that annualises your 13‑week post‑disaster income and compares it to the national average: if you earn at or above the average you get nothing; if below you can receive the full rate. It also preserves protections for existing recipients who would be worse off."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-disaster-recovery-allowance-rate-calculator-determination-2020","history":"/api/acts/social-security-disaster-recovery-allowance-rate-calculator-determination-2020/history","analysis":"/api/acts/social-security-disaster-recovery-allowance-rate-calculator-determination-2020/analysis","conflicts":"/api/acts/social-security-disaster-recovery-allowance-rate-calculator-determination-2020/conflicts","importantCases":"/api/acts/social-security-disaster-recovery-allowance-rate-calculator-determination-2020/important-cases","documents":"/api/acts/social-security-disaster-recovery-allowance-rate-calculator-determination-2020/documents"}}