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SOCIAL SECURITY ACT 1991 - SECT 500X

Newly arrived resident's waiting period

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

                     (a)  has entered 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.

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

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

Note:          For qualifying residence exemption in relation to parenting payment see subsection 7(6) and paragraph 7(6AA)(f).

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

                     (a)  is the principal carer of one or more children; and

                     (b)  is not a member of a couple; and

                     (c)  was not a lone parent at the start of the person's current period as an Australian resident.

Note 1:       For principal carer see subsections 5(15) to (24).

Note 2:       For lone parent and current period as an Australian resident see subsection 23(1).

             (4)  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 parenting payment; or

                     (b)  the following apply:

                              (i)  before the person made the claim for parenting 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 parenting 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 parenting payment.

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

                     (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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