Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 1061ZH

  (1)   Subject to this section, for the purposes of this Division, a person who:

  (a)   has entered Australia; and

  (b)   has not been both:

  (i)   an Australian resident or a special category visa holder residing in Australia; and

  (ii)   in Australia;

    for a period of, or for 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 seniors health card.

Note:   For qualifying residence exemption in relation to a seniors health card, see paragraph   7(6AA)(f).

  (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 a seniors health card; or

  (b)   the following apply:

  (i)   before the person made the claim for a seniors health card, 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 seniors health card 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 seniors health card.

  (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).