126.96.36.199 Australian Government Disaster Recovery Payment (AGDRP) - description
Objective of AGDRP
AGDRP is a one-off payment provided to eligible Australian residents who are adversely affected by a major disaster (1.1.M.20). A major disaster can be a natural or man-made disaster (such as a terrorist attack) that occurs either in Australia or offshore.
Activation of AGDRP
Activation of AGDRP involves the following steps:
Determination by the Minister for Agriculture, Drought and Emergency Management (the Minister) that an event is a major disaster:
Determination by the Minister of the meaning of 'adversely affected':
In practice, the Minister usually signs the determinations referred to in steps 1 and 2 at the same time. The determinations usually commence upon signature, however, the commencement date should be carefully checked with the Department of Home Affairs before approving any payments of AGDRP. Both instruments must take effect before AGDRP can be paid.
Assessment of AGDRP
It is useful to consider the assessment of AGDRP claims as involving the following 2 stages:
|Stage||Requirements under SSAct||Criteria|
|1||Subsection 1061K(1)(a) and (b)||
To qualify for AGDRP a person must be at least 16 years of age or receiving a social security payment and be one of the following:
Subsection 1061K(1)(c) - whether claimant was adversely affected
To be eligible for AGDRP a person must be adversely affected by the major disaster.
In summary, a claimant must satisfy all of subsections 1061K(1)(a), (b) and (c) to qualify for an AGDRP payment in respect of a particular major disaster.
Note: A child does not qualify for AGDRP in their own right. For the purpose of AGDRP, a child is considered to be anyone under the age of 16 years (15 years and under) who is not receiving a social security payment. If a person under the age of 16 years is receiving a social security payment, they should be treated the same as those aged 16 years or over.
However, if a qualified adult is the principal carer (1.1.P.412), the qualified adult will receive the child rate of AGDRP for each child for whom the adult is the principal carer. A person is considered a principal carer of a child if the child is a dependent child of the person and the child has not turned 16. The definition of dependent child (1.1.D.70) requires the adult to be legally responsible for the day-to-day care, welfare and development of the child and the child to be in the adult's care.
Under SSAct section 1061K(4), a person cannot be qualified for more than one AGDRP in relation to the same major disaster.
Note: AGDRP will only be available to a deceased individual or their estate if the individual submitted a valid claim before their death.
How AGDRP is paid
AGDRP is usually paid as a one-off lump sum payment. However, there is a provision that, if it is appropriate to do so, the person's payment can be paid in instalments. A person who is currently receiving a pension or benefit and meets the criteria for AGDRP can receive AGDRP in addition to their regular payment, without their eligibility for their regular payment being affected.
Act reference: SSAct section 36 Major disaster, section 1061K Qualification for AGDRP, section 1061L Meaning of adversely affected, section 1061M Amount of payment for disasters in Australia, section 1061N Amount of payment for disasters outside Australia
SS(Admin)Act section 46A Payment of AGDRP