Section 1039AA — Social Security Act 1991: Newly arrived resident’s waiting period

(1) Subject to this section, a person who: (a) enters 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 mobility allowance. Note: For qualifying residence exemption in relation to mobility allowance, see paragraph 7(6AA)(f). (4) Subsection (1) does not apply to a person who, while in Australia, becomes a person with disability who has turned 16. (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 a mobility allowance; or (b) the following apply: (i) before the person made the claim for a mobility 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 a mobility 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 a mobility 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).