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SOCIAL SECURITY ACT 1991 - SECT 575D

Newly arrived resident's waiting period

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

                     (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).



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