Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 (168 of 2018)

Schedule 1   Social security amendments

Part 2   New newly arrived resident's waiting periods

Social Security Act 1991

31   At the end of Subdivision B of Division 2 of Part 2.19

Add:

966 Newly arrived resident's waiting period

(1) A person is subject to a newly arrived resident's waiting period if the person:

(a) has entered Australia; and

(b) has not been an Australian resident and in Australia for a period of, or periods totalling, 52 weeks.

Note: For Australian resident see subsection 7(2).

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for carer allowance.

Note: For qualifying residence exemption in relation to carer allowance see paragraph 7(6AA)(f).

(3) Subsection (1) does not apply to a person if, at the time the person made the claim for carer allowance, the person holds a visa that is in a class of visas determined by the Minister for the purposes of subsection 201AA(5).

(4) Subsection (1) does not apply to a person if:

(a) the person is receiving a social security pension or a social security benefit; or

(b) the person is receiving farm household allowance under the Farm Household Support Act 2014; or

(c) parental leave pay, or dad and partner pay, under the Paid Parental Leave Act 2010 is payable to the person.

(5) Subsection (1) does not apply to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for carer allowance; or

(b) the following apply:

(i) before the person made the claim for carer allowance, the person was a family member of another person at the time the other person became a refugee;

(ii) the person is a family member of that other person at the time the person made the claim for carer allowance or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

(c) the person is an Australian citizen at the time the person made the claim for carer allowance.

(6) For the purposes of subsection (5):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

(c) refugee has the meaning given by subsection 7(6B).

967 Duration of newly arrived resident's waiting period

(1) If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.

(2) The newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 52 weeks.