Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person is qualified for a Disaster Recovery Allowance if:
(a) the person is at least 16 years of age; and
(b) the person:
(i) is an Australian resident; or
(ii) 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); and
(c) under subsection 36A(1), the Minister determines that an event is a Part 2.23B major disaster; and
(d) if the person is under 22 years of age--the Secretary is satisfied that subsection (2) of this section does not apply in relation to the person; and
(e) the Secretary is satisfied that subsection (3) or (4) of this section applies in relation to the person; and
(f) the Secretary is satisfied that the person has suffered a loss of income as a direct result of the event; and
(g) the person is not receiving a social security entitlement; and
(h) the person is not receiving a payment prescribed in an instrument under subsection (5) of this section; and
(i) the Secretary is satisfied that the person satisfies the requirements (if any) prescribed in an instrument under subsection (6) of this section; and
(j) the person's rate of Disaster Recovery Allowance, worked out under section 1061KC, is greater than nil at the time the claim for payment of Disaster Recovery Allowance is determined by the Secretary.
Qualification rule for persons under 22 years of age
(2) This subsection applies in relation to a person if:
(a) on the day of the determination under subsection 36A(1), the person is wholly or substantially dependent on another person (except the person's partner); and
(b) on that day, the person is not a parent of another person; and
(c) the person's income in the financial year in which that day occurs will not be more than $6,403.
Qualification rule if affected industries and areas
(3) This subsection applies in relation to a person if:
(a) under paragraph 36A(5)(a), the Minister specifies, in a determination under section 36A, one or more industries affected by the event and one or more areas affected by the event; and
(b) the person earns, derives or receives income from one of those industries and the person does so by working in one of those areas.
Qualification rule if affected areas only
(4) This subsection applies in relation to a person if:
(a) under paragraph 36A(5)(b), the Minister specifies, in a determination under section 36A, one or more areas affected by the event; and
(b) either or both of the following apply:
(i) the person earns, derives or receives income from one of those areas and the person does so by working in one of those areas;
(ii) the person resides in one of those areas.
Legislative instruments
(5) The Minister may, in writing, prescribe payments for the purposes of paragraph (1)(h).
(6) The Minister may, in writing, prescribe requirements for the purposes of paragraph (1)(i).
(7) An instrument made under subsection (5) or (6) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.