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This is a Bill, not an Act. For current law, see the Acts databases.
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Social Security Legislation Amendment
(Disaster Recovery Allowance) Bill 2013
No. , 2013
(Emergency Management)
A Bill for an Act to amend the law relating to social
security, and for related purposes
i Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No. ,
2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 1
Schedule 1--Disaster Recovery Allowance
3
Part 1--Main amendments
3
Social Security Act 1991
3
Social Security (Administration) Act 1999
8
Part 2--Other amendments
10
Income Tax Assessment Act 1936
10
Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No. ,
2013 1
A Bill for an Act to amend the law relating to social
1
security, and for related purposes
2
The Parliament of Australia enacts:
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1 Short title
4
This Act may be cited as the Social Security Legislation
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Amendment (Disaster Recovery Allowance) Act 2013.
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2 Commencement
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This Act commences on 1 October 2013.
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3 Schedule(s)
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Each Act that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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2 Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No.
, 2013
concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
2
Disaster Recovery Allowance Schedule 1
Main amendments Part 1
Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No. ,
2013 3
Schedule 1
--
Disaster Recovery Allowance
1
Part 1
--
Main amendments
2
Social Security Act 1991
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1 Subsection 23(1)
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Insert:
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Disaster Recovery Allowance means Disaster Recovery Allowance
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under Part 2.23B.
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2 Subsection 23(1)
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Insert:
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Part 2.23B major disaster means a disaster in respect of which a
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determination is in force under section 36A.
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3 After section 36
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Insert:
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36A Part 2.23B major disaster
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(1) The Minister may determine in writing that an event is a
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Part 2.23B major disaster if the Minister is satisfied that:
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(a) the event is a disaster that has such a significant impact on
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one or more industries and/or one or more areas that a
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government response in the form of income support is
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required; and
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(b) the event is of national significance.
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(2) Without limiting the matters to which the Minister may have
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regard for the purposes of subsection (1), the Minister must have
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regard to:
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(a) the extent to which the nature or extent of the disaster is
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unusual; and
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(b) the number of workplaces that are disrupted.
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(3) The event may be one that occurs naturally or otherwise.
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Schedule 1 Disaster Recovery Allowance
Part 1 Main amendments
4 Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No.
, 2013
(4) The event must be one that occurs in Australia.
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(5) In a determination made under this section, the Minister must do
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one of the following:
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(a) specify one or more industries affected by the event and one
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or more areas affected by the event;
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(b) specify one or more areas affected by the event.
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(6) A determination made under this section is not a legislative
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instrument.
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4 Subsection 1061JJ(1)
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After "AGDRP", insert ", a Disaster Recovery Allowance".
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5 Paragraph 1061JJ(2)(b)
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After "AGDRP", insert ", a Disaster Recovery Allowance".
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6 After Part 2.23A
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Insert:
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Part 2.23B--Disaster Recovery Allowance
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Division 1--Qualification for Disaster Recovery Allowance
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1061KA Qualification for Disaster Recovery Allowance
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(1) A person is qualified for a Disaster Recovery Allowance if:
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(a) the person is at least 16 years of age; and
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(b) the person:
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(i) is an Australian resident; or
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(ii) is the holder of a visa that is in a class of visas
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determined by the Minister for the purposes of
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subparagraph 729(2)(f)(v); and
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(c) under subsection 36A(1), the Minister determines that an
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event is a Part 2.23B major disaster; and
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(d) if the person is under 22 years of age--the Secretary is
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satisfied that subsection (2) of this section does not apply in
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relation to the person; and
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Disaster Recovery Allowance Schedule 1
Main amendments Part 1
Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No. ,
2013 5
(e) the Secretary is satisfied that subsection (3) or (4) of this
1
section applies in relation to the person; and
2
(f) the Secretary is satisfied that the person has suffered a loss of
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income as a direct result of the event; and
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(g) the person is not receiving a social security entitlement; and
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(h) the person is not receiving a payment prescribed in an
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instrument under subsection (5) of this section; and
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(i) the Secretary is satisfied that the person satisfies the
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requirements (if any) prescribed in an instrument under
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subsection (6) of this section; and
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(j) the person's rate of Disaster Recovery Allowance, worked
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out under section 1061KC, is greater than nil at the time the
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claim for payment of Disaster Recovery Allowance is
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determined by the Secretary.
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Qualification rule for persons under 22 years of age
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(2) This subsection applies in relation to a person if:
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(a) on the day of the determination under subsection 36A(1), the
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person is wholly or substantially dependent on another
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person (except the person's partner); and
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(b) on that day, the person is not a parent of another person; and
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(c) the person's income in the financial year in which that day
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occurs will not be more than $6,403.
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Qualification rule if affected industries and areas
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(3) This subsection applies in relation to a person if:
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(a) under paragraph 36A(5)(a), the Minister specifies, in a
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determination under section 36A, one or more industries
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affected by the event and one or more areas affected by the
27
event; and
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(b) the person earns, derives or receives income from one of
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those industries and the person does so by working in one of
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those areas.
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Qualification rule if affected areas only
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(4) This subsection applies in relation to a person if:
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Schedule 1 Disaster Recovery Allowance
Part 1 Main amendments
6 Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No.
, 2013
(a) under paragraph 36A(5)(b), the Minister specifies, in a
1
determination under section 36A, one or more areas affected
2
by the event; and
3
(b) either or both of the following apply:
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(i) the person earns, derives or receives income from one of
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those areas and the person does so by working in one of
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those areas;
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(ii) the person resides in one of those areas.
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Legislative instruments
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(5) The Minister may, in writing, prescribe payments for the purposes
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of paragraph (1)(h).
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(6) The Minister may, in writing, prescribe requirements for the
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purposes of paragraph (1)(i).
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(7) An instrument made under subsection (5) or (6) is a legislative
14
instrument, but section 42 (disallowance) of the Legislative
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Instruments Act 2003 does not apply to the instrument.
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1061KB Disaster Recovery Allowance not payable if assurance of
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support in force
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A person is not qualified for a Disaster Recovery Allowance if the
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Secretary is satisfied that at the time the person would otherwise
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have been so qualified:
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(a) an assurance of support was in force in respect of the person
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(the assuree); and
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(b) the person who gave the assurance of support was willing
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and able to provide an adequate level of support to the
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assuree; and
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(c) it was reasonable for the assuree to accept that support.
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Note:
For assurance of support see subsection 23(1).
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Disaster Recovery Allowance Schedule 1
Main amendments Part 1
Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No. ,
2013 7
Division 2--Rate of Disaster Recovery Allowance
1
1061KC Rate of Disaster Recovery Allowance
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(1) The rate of a person's Disaster Recovery Allowance is a daily rate.
3
That rate is worked out by dividing the fortnightly rate worked out
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in accordance with an instrument under subsection (2) by 14.
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(2) The Minister must, by legislative instrument, specify a method for
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working out the fortnightly rate of Disaster Recovery Allowance
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for the purposes of subsection (1).
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(3) That fortnightly rate may be nil.
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Maximum rates
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(4) For a person who is under 22 years of age, that fortnightly rate is
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not to exceed the maximum basic rate of youth allowance that
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would be payable to the person if:
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(a) the person were qualified for youth allowance; and
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(b) youth allowance were payable to the person.
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(5) For a person who is at least 22 years of age, that fortnightly rate is
16
not to exceed the maximum basic rate of newstart allowance that
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would be payable to the person if:
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(a) the person were qualified for newstart allowance; and
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(b) newstart allowance were payable to the person.
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Division 3--Other matters
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1061KD Period that Disaster Recovery Allowance is payable
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A person's Disaster Recovery Allowance is payable to the person
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for a period of 13 weeks.
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1061KE Non-receipt of social security payment
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(1) This section applies for the purposes of a provision of this or
26
another Act if:
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(a) the provision provides a benefit (whether the benefit is a
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pension, benefit, payment, supplement or any other sort of
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benefit) if a person meets specified criteria; and
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Schedule 1 Disaster Recovery Allowance
Part 1 Main amendments
8 Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No.
, 2013
(b) one of the specified criteria is that the person is receiving a
1
social security payment, or is a recipient of a social security
2
payment.
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(2) For the purposes of the provision, a person is not taken to be
4
receiving a social security payment, or to be a recipient of a social
5
security payment, merely because the person receives a Disaster
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Recovery Allowance.
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Social Security (Administration) Act 1999
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7 After Subdivision F of Division 1 of Part 3
9
Insert:
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Subdivision FAA--Time limit for claims for Disaster Recovery
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Allowance
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27AA Time limit for claims for Disaster Recovery Allowance
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(1) A claim for a Disaster Recovery Allowance relating to a Part 2.23B
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major disaster must be lodged within 6 months after the
15
determination of the disaster under section 36A of the 1991 Act.
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(2) However, the claim may be lodged more than 6 months after the
17
determination if the Secretary is satisfied that:
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(a) there are special circumstances applying to the person's
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claim that justify a late lodgement; and
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(b) the claim is lodged within a reasonable period having regard
21
to those circumstances.
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8 After subsection 31(1A)
23
Insert:
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(1B) Section 29 does not apply to a claim for a Disaster Recovery
25
Allowance.
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9 Paragraph 144(d)
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After "section 36", insert "or 36A".
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Disaster Recovery Allowance Schedule 1
Main amendments Part 1
Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013 No. ,
2013 9
10 Subclause 1(1) of Schedule 1 (at the end of the definition
1
of social security periodic payment)
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Add:
3
; or (k) Disaster Recovery Allowance.
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Schedule 1 Disaster Recovery Allowance
Part 2 Other amendments
10 Social Security Legislation Amendment (Disaster Recovery Allowance) Bill 2013
No. , 2013
Part 2
--
Other amendments
1
Income Tax Assessment Act 1936
2
11 Subsection 160AAA(1) (paragraph (a) of the definition of
3
rebatable benefit)
4
Omit "or 3.15A", substitute ", 2.23B or 3.15A".
5
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