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3.7.3.10 Qualification for AGDRP

Summary

This topic explains the following issues relating to qualification:

  • requirement for a ministerial determination,
  • qualification criteria for AGDRP,
  • claims for deceased persons,
  • income and assets testing, and
  • receipt of other pension or benefit.

 

Before any person can qualify for AGDRP

AGDRP can ONLY be paid if the Minister for Justice determines in writing that an event is a major disaster (1.1.M.20) for the purposes of the payment. The Minister for Justice is also responsible for determining the circumstances in which persons are to be taken to be adversely affected (1.2.6.20) by the disaster for the purposes of SSAct section 1061L. In NO circumstances can payment of the AGDRP be made without both these legislative instruments being in place. If there are any doubts, the Attorney-General's Department should be contacted for advice.

Example: Disasters where a ministerial determination has been made and AGDRP has been activated include the 2009 Victorian bushfires, the 2009 Samoa tsunami, the 2009 Sumatra earthquakes, the bushfires in Tasmanian in 2013 and for Tropical Cyclone Oswald.

 

Policy reference: SS Guide 3.7.1.10 Qualification for SpB, 3.7.2.90 SpB for Disaster Victims

 

Absence of ministerial determination

If there is no ministerial determination to pay AGDRP, affected people may be paid SpB which can be administered in a manner that provides easy and quick access, provided they meet the qualification criteria. CrP may also be payable to a person in respect of an extreme circumstance if the person is not qualified for a state or federal disaster relief or recovery payment for the same extreme circumstance.

 

Policy reference: SS Guide 3.7.1.10 Qualification for SpB, 3.7.2.90 SpB for Disaster Victims

 

Qualification (1.1.Q.10) criteria

To qualify for AGDRP, an applicant must meet ALL of the criteria in the following table. Where more detail is required the second column indicates where you will find this.

Criterion

More Detail

The person's claim for AGDRP is lodged in accordance with the time limit set out in SS(Admin)Act section 27A, AND

This topic.

The person is at least 16 years old, or is receiving a social security payment, AND

 

The person is:

- an Australian resident, or

- the holder of a visa that is in a class of visas determined by the Minister for the purpose of SSAct section 729(2)(f)(v) SCV, or

- receiving a social security payment, or

- an Australian citizen who is not an Australian resident and who is covered by a ministerial determination, AND

SS Guide 3.7.1 SpB - Qualification & Payability

The person is adversely affected (1.2.6.20) by a major disaster in a way that is determined by the Minister for Justice in relation to the particular disaster. Refer to the relevant operational instructions for guidance on how an individual can be considered to be adversely affected.

1.2.6.20 Australian Government Disaster Recovery Payment (AGDRP) - Description

 

Act reference: SSAct section 1061K Qualification for AGDRP

Policy reference: SS Guide 3.7.3.20 Determining the Rate of AGDRP

 

Time limit on claims

Individuals have 6 months to lodge a claim for AGDRP in respect of an event from the date the Minister determines the event to be a major disaster. An individual may lodge an AGDRP claim out of time where special circumstances applying to that person's claim justify late lodgement, and the claim is lodged within a reasonable period having regard to those circumstances. As noted in the Explanatory Memorandum to the Act which inserted SS(Admin)Act section 27A, disruption caused by the major disaster is unlikely of itself to justify late lodgement of a claim, as such disruption is likely to be experienced by all claimants.

 

Act reference: SS(Admin)Act section 27A Time limit for claims

Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Bill 2006 - Explanatory Memorandum

 

Payment to a deceased persons

If AGDRP is paid into a deceased person's account (including joint accounts) or by cheque, the amount is a debt to the Commonwealth which may be recovered.

 

Act reference: SSAct section 1061PAAB Recoverable death payments

 

Income & assets testing

AGDRP is exempt from all Australian Government means testing arrangements and is non-taxable.

 

Receipt of other pension or benefit

If an applicant is already receiving a pension or benefit and they qualify for AGDRP, the disaster payment is paid in ADDITION to their regular payment. A person may qualify for, and receive, both AGDRP and DRA.

 

Act reference: SSAct section 1061M Amount of payment for disasters in Australia, section 1061N Amount of payment for disasters outside Australia, section 1061P (2) Determinations of rates

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Last reviewed: 2 January 2014


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Last Edited: 31/01/2014 3:16:23 PM


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