1Social Security (Disaster recovery allowance rate calculator) Determination 2020

Commonwealth Coat of Arms of Australia

Social Security (Disaster recovery allowance rate calculator) Determination 2020

I, 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.

Dated 19 January 2020

Minister for Water Resources, Drought, Rural Finance, Natural Disaster and Emergency Management

1 Name of instrument

This instrument is the Social Security (Disaster recovery allowance rate calculator) Determination 2020.

2 Commencement

This instrument is taken to have commenced on 1 July 2019.

3 Definitions

In this instrument:

Act means the Social Security Act 1991.

average weekly income means the average weekly ordinary earnings for a full-time adult in Australia according to the Australian Bureau of Statistics.

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:

(a) landlord protection insurance or other payment that compensates for loss of rental income on rental property; or

(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.

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.

income, for a person:

(a) includes:

(i) an income amount earned, received or derived by the person for the person’s own use or benefit; or

(ii) a periodical payment of a gift or allowance; or

(iii) a periodical benefit of a gift or allowance; and

(b) does not include:

(i) any amount excluded by subsection 8(4), (5) or (8) of the Act; or

(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

(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