{"id":"F2019L00186","name":"Social Security (LIN 19/145: Australian Government Disaster Recovery Payment) Determination 2019 (No. 5)","slug":"social-security-lin-19-145-australian-government-disaster-recovery-payment-determination-2019-no-5","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439930,"registerId":"F2019L00186-fast-fetch-1775955763071","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (LIN 19/145: Australian Government Disaster Recovery Payment) Determination 2019 (No. 5)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (LIN 19/145: Australian Government Disaster Recovery Payment) Determination 2019 (No.5)\n\n \n\nI, Linda Reynolds, Assistant Minister for Home Affairs, make the following determination under subsection 1061L (2) of the Social Security Act 1991.\n\nDated 21 February 2019\n\nSenator Hon Linda Reynolds CSC\n\nAssistant Minister for Home Affairs\n\n \n\n \n\n \n\nContents\n\n1  Name of Determination\n\n2  Commencement\n\n3  Definitions\n\n4  Person adversely affected by a major disaster...........................2\n\nSchedule 1 — Major Disaster 3\n\nSchedule 2 — Circumstances in which person adversely affected   4\n\n \n\n \n\n1  Name of Determination\n\n1.            This determination is the Social Security (LIN 19/145: Australian Government Disaster Recovery Payment) Determination 2019 (No.5)\n2.            This instrument may be cited as LIN 19/145.\n\n\n2  Commencement\n\nThis determination commences on the day it is signed.\n\n3  Definitions\n\n(1) In this determination:\n\nAct means the Social Security Act 1991.\n\ndestroyed, for a place of residence, includes a residence damaged to the extent that it must be demolished.\n\nimmediate 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 stepchild; 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, stepbrother or stepsister.\n\nNote   This term is used in a different sense to that used in the Act.\n\nmajor damage, for a residence, means:\n\n(a) damage to the interior of the residence; or\n\n(b) that the residence is structurally unsound; or \n\n(c) damage to the residence that exposes the interior of the residence to the elements; or\n\n(d) sewage contamination of the interior of the residence, or of the water supply to the residence.\n\nseriously 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) In this determination:\n\n(a) a place of residence is a person’s principal place of residence if the person regularly lives at the place with a degree of settled purpose and the person has a lawful right to reside at the place; and\n\n(b) it is possible for a person to have more than one principal place of residence; and\n\n(c) a prison or place of detention is not a principal place of residence; and\n\n(d) a secondary residence used for holidays is not a principal place of residence.\n\n4 Person adversely affected by a major disaster\n\nFor subsection 1061L (2) of the Act, a person is adversely affected by a major disaster mentioned in Schedule 1 if the person is affected in a way mentioned in Schedule 2.\n\nNote   Subsection 36 (1) of the Social Security Act 1991 allows the Minister to determine, in writing, that an event is a major disaster if the event is a disaster that has such a significant impact on individuals that a government response is required.\n\n\n\n\nSchedule 1  Major disaster\n\nOnly the bushfires that commenced in February 2019 in Northern New South Wales, which as at 20 February 2019 affected the local government areas of Armidale, Kyogle, Inverell, Tamworth and Tenterfield.\n\n\n\n\nSchedule 2 Circumstances in which person adversely affected\n\nA person is adversely affected by a major disaster mentioned in Schedule 1 if:\n\n1.            as a direct result of the disaster:\n  1.       the person is seriously injured; or\n  2.     the person is an immediate family member of an Australian who is killed; or\n  3.   the person’s principal place of residence has been destroyed or has sustained major damage; or\n2.            the person is the principal carer of a child to whom paragraph (a) applies.\n\n\n \n\n___________________________\n\nNote\n\nAll legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See http://www.legislation.gov.au.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination confines the Australian Government Disaster Recovery Payment to a specific February 2019 bushfire event and prescribes precise eligibility criteria and definitions (s3–4; Sched 1–2). It operates within the statutory power cited (subsection 1061L(2) of the Social Security Act) and does not, on its face, broaden the Act’s scope beyond the declared disaster and listed circumstances."},"complexity_factors":["Narrow geographic and temporal scope limited to specified bushfires and LGAs (Schedule 1) increases determinative simplicity but requires precise event identification.","Eligibility is categorical and fact-based (Schedule 2; s4): ‘seriously injured’, death of an Australian, residence destroyed/major damage, or principal carer of an affected child.","Operational definitions require administrative fact-finding—‘seriously injured’, ‘major damage’, and ‘principal place of residence’ (s3) introduce evidentiary and judgment calls for agencies.","Legal cross‑references to the Social Security Act (subsection 1061L(2) cited in s4) and the Minister’s power to declare a major disaster (note referencing subsection 36(1)) create dependency on statutory procedures.","Proof and compliance burden falls on claimants to establish a direct result of the disaster and meet defined tests (s3; Schedule 2), affecting application processing.","Instrumental exercise of executive discretion: the Assistant Minister makes the determination under the Act (instrument header; s4), so implementation follows a ministerial declaration.","Immediate commencement on signature (s2) affects timing for applications and administrative readiness."],"plain_english_summary":"This instrument applies the Australian Government Disaster Recovery Payment (Social Security Act s1061L(2)) to bushfires that began in February 2019 in specified Northern NSW local government areas. It defines who is “adversely affected” — people seriously injured, immediate family of someone killed, residents whose principal residence was destroyed or sustained major damage, and principal carers of affected children — and supplies operational definitions claimants must meet (s3–4, Sched 1–2). It creates a government payment obligation and a claimant proof burden."},"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":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose. It is a specific disaster determination under the Social Security Act 1991, activating the Australian Government Disaster Recovery Payment for a single event (February 2019 bushfires in five NSW local government areas). The scope has not expanded beyond this discrete administrative function."},"complexity_factors":["Short document: only 4 operative sections plus 2 short schedules","Minimal cross-referencing: only references to Social Security Act 1991, section 1061L(2) and section 36(1)","Straightforward structure: definitions, trigger event in Schedule 1, eligibility criteria in Schedule 2","Limited conditional logic: simple 'if X then Y' eligibility with four alternative pathways","Only 5 defined terms in section 3: 'Act', 'destroyed', 'immediate family member', 'major damage', 'seriously injured', plus the extended definition of 'principal place of residence'","No nested exceptions or complex temporal provisions","Single-purpose instrument: activates payment for one specific disaster event only"],"plain_english_summary":"This instrument activates a one‑off Australian Government Disaster Recovery Payment for people directly affected by February 2019 bushfires in Armidale, Kyogle, Inverell, Tamworth and Tenterfield LGAs. Eligible people include those seriously injured, immediate family of someone killed, people whose principal home was destroyed or suffered major damage, and main carers of affected children. It uses a determination to quickly deliver targeted disaster relief without new primary legislation."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-lin-19-145-australian-government-disaster-recovery-payment-determination-2019-no-5","history":"/api/acts/social-security-lin-19-145-australian-government-disaster-recovery-payment-determination-2019-no-5/history","analysis":"/api/acts/social-security-lin-19-145-australian-government-disaster-recovery-payment-determination-2019-no-5/analysis","conflicts":"/api/acts/social-security-lin-19-145-australian-government-disaster-recovery-payment-determination-2019-no-5/conflicts","importantCases":"/api/acts/social-security-lin-19-145-australian-government-disaster-recovery-payment-determination-2019-no-5/important-cases","documents":"/api/acts/social-security-lin-19-145-australian-government-disaster-recovery-payment-determination-2019-no-5/documents"}}