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SOCIAL SECURITY ACT 1991 - SECT 623A

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.

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

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

  (7)   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).

  (8)   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 jobseeker payment; or

  (b)   the following apply:

  (i)   before the person made the claim for a jobseeker 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 jobseeker 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 jobseeker payment.

  (9)   For the purposes of subsection   (8):

  (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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