Section 623A — Social Security Act 1991: 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).