Section 1061ZH — Social Security Act 1991: Newly arrived resident’s waiting period

(1) Subject to this section, for the purposes of this Division, a person who: (a) has entered Australia; and (b) has not been both: (i) an Australian resident or a special category visa holder residing in Australia; and (ii) in Australia; for a period of, or for 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 seniors health card. Note: For qualifying residence exemption in relation to a seniors health card, see paragraph 7(6AA)(f). (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 a seniors health card; or (b) the following apply: (i) before the person made the claim for a seniors health card, 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 seniors health card 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 seniors health card. (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).