Section 575D — Social Security Act 1991: 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 (ba) the person is the holder of a Pacific engagement visa at the time the person made the claim for an austudy payment; 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).