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LIN 22/086

Social Security (Australian Government Disaster Recovery Payment—New South Wales floods – July 2022) Determination 2022 (No. 5)

I, Murray Watt, Minister for Emergency Management, make this instrument under subsection 1061L(2) of the Social Security Act 1991.
Dated 4 October 2022

MURRAY WATT
Minister for Emergency Management

1 Name
        (1) This instrument is the Social Security (Australian Government Disaster Recovery Payment—New South Wales floods - July 2022) Determination 2022 (No. 5).
        (2) This instrument may be cited as LIN22/086.

2 Commencement
        This instrument commences on the day it is signed.

3 Definitions
       (1) In this instrument:
destroyed means damaged to the extent that:
(a) for a residence—it must be demolished; or
(b) for a major asset or assets—it is unusable.
immediate family member, of a person, means:
(a) the person's partner; or
(b) the person's natural child, adoptive child or step-child; or
(c) the person's natural parent, adoptive parent or step-parent; or
(d) the person's legal guardian; or
(e) the person's brother, sister, step-brother or step-sister.
Note This term is used in a different sense to that used in the Act.
major asset means:
(a) an asset, with a market value of at least $20 000, located at the person's principal place of residence; or
(b) assets, with a combined market value of at least $20 000, located at the person's principal place of residence.
Examples Building, large fixed structure, motor vehicle, caravan, water tank, large scale machinery, heavy equipment.
major damage means:
(a) for a residence:
 (i) damage to the interior of the residence; or
 (ii) that the residence is structurally unsound; or
 (iii) damage to the residence that exposes the interior of the residence to the elements; or
 (iv) sewage contamination of the interior of the residence or of the water supply to the residence; or
(b) for a major asset or assets other than a water tank—that it is damaged by the heavy rainfall or by flood waters, to the extent that it needs to be replaced; or
(c) for a major asset that is a water tank—damage to the extent that it needs to be repaired or cleaned, or the water replaced.
seriously injured, for a person, means:
(a) the person has sustained an injury; and
(b) because of the injury:
 (i) the person was admitted to hospital; or
 (ii) under normal circumstances, the person would have been admitted to hospital.
       (2) A place of residence is a person's principal place of residence if:
(a) the person regularly lives at the place with a degree of settled purpose; and
(b) the person has a lawful right to reside at the place; and
(c) the place is not:
 (i) a prison or a place of detention;