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StatuteSocial Security Act 1991

Section 966 — Social Security Act 1991: Newly arrived resident’s waiting period

Text of the provision Official document

(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).

Official source: Federal Register of Legislation

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