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This topic explains the following issues relating to qualification:
AGDRP can ONLY be paid if the Minister for Emergency Management determines in writing that an event is a major disaster (1.1.M.20) for the purposes of the payment. The Minister for Emergency Management 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 2008 South-East Queensland storms, the 2009 Victorian bushfires, the 2009 North Queensland floods, the 2009 Queensland/New South Wales floods, the 2009 Samoa tsunami and the 2009 Sumatra earthquakes.
Policy reference: SS Guide 3.7.1.10 Qualification for SpB, 3.7.2.90 SpB for Disaster Victims
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
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.
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Criterion |
More Detail |
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The person is at least 16 years old, or is receiving a social security payment, AND |
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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 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 |
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The person is adversely affected (1.2.6.20) by a major disaster in a way that is determined by the Minister for Emergency Management 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
The AGDRP will only be available to a deceased individual or their estate if the individual submitted a valid claim before their death.
Act reference: SS(Admin)Act section 11 General rule
AGDRP is exempt from all Australian Government means testing arrangements and is non-taxable.
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.
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 2013
