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SOCIAL SECURITY ACT 1991 - SECT 966 Newly arrived resident's waiting period

SOCIAL SECURITY ACT 1991 - SECT 966

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, 52 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 carer allowance.

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

  (3)   Subsection   (1) does not apply to a person if, at the time the person made the claim for carer allowance, the person holds a visa that is in a class of visas determined by the Minister for the purposes of subsection   201AA(5).

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

  (a)   the person is receiving a social security pension or a social security benefit; or

  (b)   the person is receiving farm household allowance under the Farm Household Support Act 2014 ; or

  (c)   parental leave pay under the Paid Parental Leave Act 2010 is payable to the person.

  (5)   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 carer allowance; or

  (b)   the following apply:

  (i)   before the person made the claim for carer allowance, 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 carer allowance 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 carer allowance.

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

  (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).