Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 575D

Basic rule

  (1)   Subject to this section, 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 in Australia for a period of, or periods totalling, 208 weeks.

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

Exception--qualifying residence exemption

  (2)   Subsection   (1) does not apply to a person who has a qualifying residence exemption for an austudy payment.

Note:   For qualifying residence exemption in relation to austudy payment, see paragraph   7(6AA)(f).

Exception--other

  (3)   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 an austudy payment; or

  (b)   the following apply:

  (i)   before the person made the claim for an austudy payment, 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 an austudy payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or

  (ba)   the person is the holder of a Pacific engagement visa at the time the person made the claim for an austudy payment; or

  (c)   the person is an Australian citizen at the time the person made the claim for an austudy payment.

  (4)   For the purposes of subsection   (3):

  (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).