Social Security Act 1991

A person is qualified for an Australian Government Disaster Recovery Payment if:

the person is at least 16 years old, or is receiving a social security payment; and

the person:

is an Australian resident; or

is the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 729(2)(f)(v); or

is receiving a social security payment; or

is an Australian citizen who is not an Australian resident and who is covered by a determination under subsection (2); or

is covered by a determination under subsection (3A); and

the person is adversely affected by a major disaster.

For Australian resident see section 7.

For adversely affected see section 1061L.

For major disaster see section 36.

The Minister may determine in writing that a specified class of Australian citizens who are not Australian residents can qualify for an AGDRP.

For Australian resident see section 7.

A determination made under subsection (2) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.

The Minister may determine, by notifiable instrument, that a person can qualify for an AGDRP if:

the person has been in Australia for a specified period, or for a period or periods within a specified period, ending on the day a major disaster is determined under subsection 36(1); and

the person is one of the following:

an Australian citizen;

the holder of a permanent visa;

a special category visa holder who is a protected SCV holder.

A person cannot be qualified for more than one AGDRP in relation to the same major disaster.