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SOCIAL SECURITY ACT 1991 - SECT 201AA

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, 104 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 a carer payment.

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

             (3)  Subsection (1) does not apply to a person who is:

                     (a)  the holder of a subclass 104 visa--Preferential family; and

                     (b)  either a carer or a special need relative.

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

                     (a)  the holder of a subclass 806 visa--Family; and

                     (b)  either a carer or a special need relative.

             (5)  Subsection (1) does not apply to a person if, at the time the person made the claim for a carer payment, the person holds a visa that is in a class of visas determined in an instrument under subsection (5B).

          (5A)  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 carer payment; or

                     (b)  the following apply:

                              (i)  before the person made the claim for a carer 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 a carer 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

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

          (5B)  The Minister may, by legislative instrument, determine a class of visas for the purposes of subsection (5). The class must not be a class covered by paragraph 7(6AA)(f).

             (6)  In this section:

"carer" has the same meaning as in the Migration Regulations.

"family member" has the meaning given by subsection 7(6D).

"former refugee" has the meaning given by subsection 7(1).

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

"special need relative" has the same meaning as in the Migration Regulations as in force on 30 November 1998.



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