3.7.2.90 SpB for Disaster Victims

Summary

SpB may be paid in some disaster situations. If an event occurs that is not determined by the Attorney-General to be a major disaster requiring the AGDRP to be activated, SpB may be payable subject to a relaxation of normal conditions. SpB is only paid where people qualify and part of this includes not being able to qualify for another payment, for example, NSA with an activity test exemption.

Explanation: AGDRP can only be paid when the Attorney-General determines in writing that an event is a major disaster (1.1.M.20).

Policy reference: SS Guide 3.7.3 AGDRP - Qualification & Payability

Factors to consider for disaster victims

It is not possible to outline every circumstance where payment of SpB would be suitable for victims of disaster. However, payment of SpB can ONLY be made on a temporary basis to assist people during a short-term period of crisis. In a disaster situation, payment of SpB must be closely monitored.

Example: The following are only a few examples of where SpB might be required:

• The person needs to take time off from their employment to repair or clean up property.
• The person is temporarily unable to work because of damage to their place of employment, and has no paid leave entitlements.
• The person is self-employed and is unable to open for business because of damage to premises or stock.
• The person is unable to support themselves or their family as a result of the disaster.

SpB may also be payable to victims of isolated disasters, which is defined as a disaster that affects only one person or family. Each case must be considered on its merits.

Example 1: A family home is devastated by fire. The person would be temporarily unable to earn a sufficient livelihood as other accommodation must be sought.

Example 2: A person is temporarily unable to work due to damage to their place of employment.

Application of the short-term funds test, direct deduction income test, assets test & POI requirements if a person is claiming SpB due to a disaster

If a person is claiming SpB due to a disaster, the following matters should be taken into account, as follows.

• Only the short-term funds test and the direct deduction income test need be applied when determining eligibility. They should apply only to the immediately accessible funds of the person and any partner. That is, cash and money in bank accounts which can be quickly and easily accessed, as opposed to investments, bonds, and other assets whose cash value cannot be readily obtained.
• The assets test is applied with consideration to whether the person's assets are accessible at short notice.
• Only minimum POI requirements need to be met, using documents the person has on hand such as driver's licence, credit cards.

Payment should only be withheld if there are strong suspicions about the genuine nature of the claim.

Other payments

Some payments are not income for the purposes of the Act and should NOT be considered when applying either the available funds or income test. This is the case with any disaster relief assistance of a one-off nature, from welfare or other bodies, whether they are emergency cash payments or grants for repairs to dwellings.

Duration of payment

If support is required beyond the first fortnightly payment, then all normal SpB conditions should apply.

Payment arrangements

SpB paid in disaster situations is subject to the normal taxation provisions.

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Last reviewed: 7 February 2011