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SOCIAL SECURITY ACT 1991 - SECT 1039AA

Newly arrived resident's waiting period

             (1)  Subject to this section, a person who:

                     (a)  enters Australia; and

                     (b)  has not been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks;

is subject to a newly arrived resident's waiting period.

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

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

             (4)  Subsection (1) does not apply to a person who becomes a handicapped person while in Australia.

Note:          For handicapped person see section 19.

             (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 a mobility allowance; or

                     (b)  the following apply:

                              (i)  before the person made the claim for a mobility 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 a mobility 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 a mobility 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).



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