Senate

Revised Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Scott Morrison MP)

Chapter 10 Newly arrived resident's waiting period

Outline of chapter

Schedule 10 to the Bill will remove the exemption from the 104 week newly arrived resident's waiting period for new migrants who are family members of Australian citizens or long-term permanent residents.

These exemptions are currently contained in section 3 of the Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997 (Newly Arrived Resident's Waiting Period Act) . This change will align the social security waiting period for working age payments for all newly arrived migrants to Australia, except for refugees, former refugees and their family members.

This Schedule will also move the remaining relevant exemptions found in section 3 of the Newly Arrived Resident's Waiting Period Act into the Social Security Act and the Farm Household Support Act to remove the need to look at multiple Acts to work out whether a newly arrived resident's waiting period applies.

Finally, this Schedule will also remove the savings provisions that allow a person to serve the newly arrived resident's waiting period that applied when the person first entered Australia as a resident. This change means that from the commencement of this Schedule, any person who applies for a social security payment, a concession card or farm household allowance and is subject to a newly arrived resident's waiting period will have to serve the current waiting period. In most cases this requires the person to be an Australian resident and in Australia for 104 weeks. The removal of the savings provisions is expected to affect very few people.

Background

In broad terms, section 3, the application provision, of the Newly Arrived Resident's Waiting Period Act provides that newly arrived resident's waiting periods in the Social Security Act do not apply to certain persons including refugees, former refugees, family members of refugees or former refugees, Australian citizens, family members of Australian citizens, a person who has been an Australian resident for a continuous period of two years and the family member of a person who has been an Australian resident for a continuous period of two years. This provision has had an ongoing effect and applies to all newly arrived resident's waiting periods in the Social Security Act.

This Schedule will remove the exemption from the newly arrived resident's waiting period for family members of Australian citizens and family members of persons who have been Australian residents for a continuous period of two years. This change will align the Social Security waiting period for working age payments for all newly arrived migrants to Australia, apart from refugees, former refugees and their family members. This change would reinforce the Australian Government's position that all newly arrived migrants should be self-sufficient or seek support from family members and should not expect to be supported by the Australian taxpayer immediately on arrival in Australia. The newly arrived resident's waiting period aims to ensure that new migrants to Australia take steps prior to moving to Australia to provide for their own financial support during their initial settlement period in Australia. It is reasonable to expect that migrants, particularly those with family members living in Australia, should be financially secure or at least put arrangements in place to support themselves prior to moving to Australia. However, access to special benefit will still be available to all newly arrived residents in financial hardship who have suffered a substantial change of circumstances beyond their control after they have first entered Australia.

The continuing effect of section 3, the application provision, of the Newly Arrived Resident's Waiting Period Act has led to ongoing confusion and meant that a person would have to look across multiple Acts in order to establish whether a newly arrived resident's waiting period applies. In order to prevent this confusion and streamline these provisions, this Schedule will move the remaining relevant exemptions as found in section 3 of the Newly Arrived Resident's Waiting Period Act into the relevant provisions for the payments in the Social Security Act and the Farm Household Support Act. The streamlining of these provisions will also reduce red tape. The remaining relevant exemptions for Australian citizens, refugees, former refugees and family members of refugees and former refugees will be reproduced in the relevant payment provisions. This means a person would only need to look at the Social Security Act or the Farm Household Support Act to determine whether they are subject to a newly arrived resident's waiting period.

The length of a newly arrived resident's waiting period has been increased and extended to a greater range of payments a number of times since its introduction in 1993. Currently, a person who arrives in Australia is subject to the newly arrived resident's waiting period that was in place when they first entered Australia as a resident. From the commencement date of this Schedule, all historical savings provisions in the Social Security Act and the Farm Household Support Act that allow for a reduced newly arrived resident's waiting period to be served will be removed. This means any person who applies for a social security payment, a concession card or farm household allowance would be required to serve the current newly arrived resident's waiting period, which in most cases requires the person to be an Australian resident and in Australia for a period of, or periods totalling, 104 weeks. People will still be able to use periods of past residence towards the current 104 week period but will not be able to use the period of past residence to access a reduced waiting period that may have been in place when they first arrived in Australia. The removal of the historic savings provisions is expected to affect very few people. This change will also simplify how newly arrived resident's waiting periods are to be applied as, in most cases, new migrants will be required to be an Australian resident and in Australia for a period of 104 weeks in order to serve the current newly arrived resident's waiting period.

If this Act receives the Royal Assent before 1 January 2017, the amendments made by this Schedule commence on 1 January 2017. If this Act receives Royal Assent on or after 1 January 2017, the amendments made by this Schedule commence on the first 1 January, 1 April, 1 July or 1 October that occurs after the day this Act receives Royal Assent.

Explanation of the changes

Part 1 - Social security amendments

Amendments to the Social Security Act

Item 1 repeals the definition of 'designated temporary entry permit' at subsection 7(1). The removal of this definition is a consequential amendment based on the removal of historical saving provisions for previous versions of the newly arrived resident's waiting period that occurs in later items of this Schedule. As a result of the removal of these provisions, the term 'designated temporary entry permit' is no longer referred to in the Social Security Act.

Item 2 repeals the definition of 'permanent visa, special category visa, temporary visa and visa' and substitutes a new definition of 'permanent visa, temporary visa and visa' at subsection 7(1). In effect, this new definition does not reproduced the definition of 'temporary visa'. The removal of the definition of 'temporary visa' is a consequential amendment based on the removal of historical saving provisions for previous versions of the newly arrived resident's waiting period that occurs in later items of this Schedule. As a result of the removal of these provisions, the term 'temporary visa' is no longer referred to in the Social Security Act.

Item 3 repeals subsection 7(6) and substitutes a new subsection 7(6).

New subsection 7(6) effectively replicates current subsection 7(6) but excludes payments that have a newly arrived resident's waiting period from this qualifying residence exemption.

Current subsection 7(6) provides that a person has a qualifying residence exemption in relation to the specific payments listed if they reside in Australia and are either a refugee or former refugee. These include payments that have a newly arrived resident's waiting period. Section 3 of the Newly Arrived Resident's Waiting Period Act provides that a newly arrived resident's waiting period does not apply to a person who arrives in Australia under the refugee or humanitarian program. This is substantially similar to current subsection 7(6) but does not contain the additional requirement of having to reside in Australia.

Later items in this Schedule move the remaining relevant exemptions from the newly arrived resident's waiting period under section 3 of the Newly Arrived Resident's Waiting Period Act into the specific provisions relating to each payment in the Social Security Act. This includes an exemption for a person who is a refugee, or was a former refugee, at the time they make a claim for payment. This means that an exemption from the newly arrived resident's waiting period for refugees and former refugees will already exist in relation to each payment. Therefore, in order to prevent significant overlap, the payments which have a newly arrived resident's waiting period have been excluded from the qualifying residence exemption at new subsection 7(6). This does not alter the effect this subsection has on other payments which are not excluded such as age pension or disability support pension.

Item 4 amends paragraph 7(6AA)(b) to exclude payments that have a newly arrived resident's waiting period as well as parenting payment from this qualifying residence exemption.

Current paragraph 7(6AA)(b) provides that a person has a qualifying residence exemption in relation to the specified payments if they were a family member of a refugee or former refugee at the time the refugee or former refugee arrived in Australia. These include payments that have a newly arrived resident's waiting period as well as parenting payment. Section 3 of the Newly Arrived Resident's Waiting Period Act provides that a newly arrived resident's waiting period does not apply to a person who is a family member of a refugee or humanitarian migrant or a family member of a former refugee or humanitarian migrant at the time the former refugee or humanitarian migrant arrived in Australia.

Later items in this Schedule will move the remaining exemptions from the newly arrived resident's waiting period under section 3 of the Newly Arrived Resident's Waiting Period into the specific provisions relating to each payment in the Social Security Act. This provision when moved will be further clarified to provide that a newly arrived resident's waiting period does not apply to a person who was family member of another person at the time the other person became a refugee and is still a family member of that other person at the time the person makes a claim for payment or if that other person has died, was a family member of that other person immediately before the other person died. This change will also be applied to parenting payment despite a newly arrived resident's waiting period not being attached to this payment in order to keep it consistent with other working age payments. Therefore, in order to prevent overlap and making the clarified exemption as moved from the previous application provision redundant, the payments which have a newly arrived resident's waiting period and parenting payment have been excluded from the qualifying residence exemption at paragraph 7(6AA)(b). This does not alter the effect this paragraph has on other payments which are not excluded.

Item 5 amends paragraph 7(6AA)(f) to clarify that the qualifying residence exemption in this paragraph applies to all specified payments in this subsection. This is the only qualifying residence exemption that applies to payments which have a newly arrived resident's waiting period. There is no equivalent exemption in the application provision of the Newly Arrived Resident's Waiting Period Act that reflects this paragraph.

Item 6 repeals the definition of 'designated temporary entry permit' at subsection 23(1). The removal of this definition is a consequential amendment based on the removal of historical saving provisions for previous versions of the newly arrived resident's waiting period that occurs in later items of this Schedule. As a result of the removal of these provisions, the term 'designated temporary entry permit' is no longer referred to in the Social Security Act.

Items 7 and 9 repeal the references to widow allowance in the definitions of 'newly arrived resident's waiting period' and 'waiting period' to clarify that widow allowance is not to be considered as a payment to which the newly arrived resident's waiting period applies. Throughout the widow allowance provisions, there is no reference to a newly arrived resident's waiting period. In all other payments, newly arrived resident's waiting periods are attached to the payability of the payment. While there is a residence requirement for widow allowance that refers to a similar period of time to a newly arrived resident's waiting period, this is attached to qualification as opposed to payability. Removing the references to widow allowance from these definitions will clarify that widow allowance is not a payment which is subject to a newly arrived resident's waiting period.

Item 8 repeals the definition of 'temporary visa' at subsection 23(1). The removal of this definition is a consequential amendment based on the removal of historical saving provisions for previous versions of the newly arrived resident's waiting period that occurs in later items of this Schedule. As a result of the removal of these provisions, the term 'temporary visa' is no longer referred to in the Social Security Act.

Item 10 repeals paragraph 201AA(1)(a) and substitutes a new paragraph 201AA(1)(a). Current paragraph 201AA(1)(a) provides that a person is subject to the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling 104 weeks if they entered Australia on or after 4 March 1997. The new paragraph 201AA(1)(a) essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they enter Australia. This change means any person who applies for carer payment on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they entered Australia. The person would still be able to use periods of past residence in Australia as an Australian resident towards the 104 week waiting period. This change is expected to affect very few people.

Item 11 inserts a note after subsection 201AA(2) which directs the reader to paragraph 7(6AA)(f) for determining a qualifying residence exemption in relation to carer payment. This is the only qualifying residence exemption for carer payment.

Item 12 repeals subsection 201AA(5) and substitutes new subsections 201AA(5), 201AA(5A) and 201AA(5B).

Current paragraphs 201AA(5)(a)-(c) provide various saving provisions that provide the newly arrived resident's waiting period at subsection 201AA(1) do not apply to persons already subject to a newly arrived resident's waiting period, persons who have already served a newly arrived resident's waiting period and persons who have been Australian residents for a period of, or periods totalling, 104 weeks. Repealing these provisions ensures that any person who applies for carer payment on or after the commencement date will be subject to the current newly arrived resident's waiting period of being an Australian resident and in Australia for periods of, or periods totalling 104 weeks.

New subsections 201AA(5) and (5B) essentially reflect current paragraph 201AA(5)(d). New subsection 201AA(5) provides that the newly arrived resident's waiting period at subsection 201AA(1) does not apply if, at the time the person makes a claim for carer payment, the person holds a visa that is in a class of visas as determined in an instrument under new subsection 201AA(5B). New subsection 201AA(5B) provides for the Minister to make a legislative instrument for the purpose of new subsection 201AA(5). A legislative instrument is necessary so the classes of visas that are exempt from the newly arrived resident's waiting period can be updated as necessary. Subsection 201AA(5B) also clarifies that the class of visa listed in the instrument must not be a class covered in the instrument under paragraph 7(6AA)(f) in order to prevent unnecessary overlap.

New subsection 201AA(5A) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 201AA(5A)(a) provides that the newly arrived resident's waiting period at subsection 201AA(1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for carer payment. New paragraph 201AA(5A)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also either still a family member of that other person at the time the person makes a claim for carer payment or if that other person has died, the person was a family member of that other person immediately before that other person died. Finally, new paragraph 201AA(5A)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim for carer payment.

Item 13 inserts references to the definitions of 'family member', 'former refugee' and 'refugee' to subsection 201AA(6). These terms are referred to in new subsection 201AA(5A).

Items 14 and 15 amend the widow allowance residence requirement provisions by repealing subparagraphs 408BA(2)(d)(i) and (ia) and omitting the words "if the woman entered Australia on or after the commencement day -" from subparagraph 408BA(2)(d)(ib).

The residence requirements for widow allowance should not be considered a newly arrived resident's waiting period. The term 'newly arrived resident's waiting period' is not mentioned at all throughout the widow allowance provisions and this residence requirement is attached to qualification whereas all other newly arrived resident's waiting periods are attached to payability. However, this residence requirement is expressed in a similar manner, with similar historical savings provisions, to newly arrived resident's waiting periods.

These items amend these residence requirements by removing the historical savings provisions to clarify that in relation to claims made on or after the commencement date of this Schedule, a woman will satisfy the residence requirement if she has been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks before lodging a claim for widow allowance. These changes mean a woman will no longer be able to access the reduced timeframes in these saving provisions and that the current timeframe will apply to all women regardless of when they first entered Australia. The woman would still be able to use periods of past residence in Australia as an Australian resident towards the 104 week waiting period. The removal of these historical savings provisions is not expected to affect many people.

Item 16 repeals subsection 408BA(6) which removes the definition of "commencement day". This is a consequential amendment to the amendments made in items 11 and 12 above. Following those amendments, the term "commencement day" is no longer used in this section and there is no longer any need for this definition.

Items 17 to 19 add a stricter test for a residence exemption from parenting payment for family members of a refugees or former refugees than is currently contained in the qualifying residence exemption provision at subparagraph 7(6AA)(b).

Parenting payment is not a payment to which the newly arrived resident's waiting period applies. However, there is a similar residential requirement in relation to the newly arrived resident's waiting period at subparagraph 500(1)(d)(ii). Parenting payment is a working age payment similar to many other payments that have newly arrived resident's waiting periods, such as new start allowance. These new amendments will apply the stricter test for family members of refugees and former refugees that is also applied to other payments with newly arrived resident's waiting periods in order to promote consistency. The other exemptions from the newly arrived resident's waiting period being moved over from section 3 of the Newly Arrived Resident's Waiting Period Act for refugees, former refugees and Australian citizens will not be replicated for parenting payment.

These items insert new paragraph 500(1)(d)(iv) that provides that a person can be qualified for parenting payment if they satisfy subsection 500(3). New subsection 500(3) outlines the stricter family member test which requires a person to be a family member of another person at the time the person became a refugee is also either still be a family member of that other person at the time they make a claim for parenting payment or if that other person has died, haven been a family member of that other person immediately before that other person died.

New subsection 500(4) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 500(3).

Note 1 following subsection 500(1) is repealed and substituted with a new note that clarifies the only relevant provisions for qualifying residence exemption for parenting payment are subsection 7(6) and paragraph 7(6AA)(f). This clarifies that the qualifying residence exemption at paragraph 7(6AA)(b) for a person who is a family member of a refugee or former refugee at the time the refugee or former refugee arrived in Australia does not apply.

Item 20 omits the words "on or after 4 March 1997" at paragraph 549D(1)(a). Current paragraph 549D(1)(a) provides that a person is subject to the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks if they entered Australia on or after 4 March 1997. By omitting these words, new paragraph 549D(1)(a) essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they enter Australia. This change means any person who applies for youth allowance on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they first entered Australia. The person would still be able to use periods of past residence in Australia as an Australian resident towards the 104 week waiting period. This change is expected to affect very few people.

I tem 21 repeals the note following subsection 549D(2) and substitutes a new note. This new note clarifies that paragraph 7(6AA)(f) is the only relevant qualifying residence exemption for youth allowance.

Item 22 repeals subsections 549D(3), (4) and (5). This removes various savings provisions that provide the newly arrived resident's waiting period at subsection 549D(1) does not apply. This change ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for youth allowance.

Item 23 inserts new subsections 549D(7) and (8).

New subsection 549D(7) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 549D(7)(a) provides that the newly arrived resident's waiting period at subsection 549D(1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for youth allowance. New paragraph 549D(7)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also either still a family member of that other person at the time the person makes a claim for youth allowance or if that other person has died, the person was a family member of that other person immediately before that other person died. Finally, new paragraph 549D(7)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim for youth allowance.

New subsection 549D(8) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 549D(7).

Item 24 omits the words "on which the person first entered Australia on or after 4 March 1997" and substitutes the words "the person first became an Australian resident" at paragraph 549E(a). This clarifies that a person's newly arrived resident's waiting period for youth allowance begins on the day they first become an Australian resident. This also further clarifies the removal of the historical saving provision and means that the current newly arrived resident's waiting period applies to all people, regardless of when they first entered Australia.

Item 25 omits the words "on or after 4 March 1997" at paragraph 575D(1)(a). Current paragraph 575D(1)(a) provides that a person is subject to the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks if they entered Australia on or after 4 March 1997. By omitting these words, new paragraph 575D(1)(a) essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they enter Australia. This change means any person who applies for austudy payment on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they first entered Australia. The person would still be able to use periods of past residence in Australia as an Australian resident towards the 104 week waiting period. This change is expected to affect very few people.

Item 26 repeals the note following subsection 575D(2) and substitutes a new note. This new note clarifies that paragraph 7(6AA)(f) is the only relevant qualifying residence exemption for austudy payment.

Item 27 repeals subsections 575D(3) and (4) and substitutes new subsections 575D(3) and (4).

The repeal of current subsections 575D(3) and (4) will remove various savings provisions that provide the newly arrived resident's waiting period at subsection 575D(1) does not apply. This change ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for austudy payment.

New subsection 575D(3) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 575D(3)(a) provides that the newly arrived resident's waiting period at subsection 575D(1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for austudy payment. New paragraph 575D(3)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also wither still a family member of that other person at the time the person makes a claim for 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. Finally, new paragraph 575D(3)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim for austudy payment.

New subsection 575D(4) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 575D(3).

Item 28 omits the words "on which the person first entered Australia on or after 4 March 1997" and substitutes the words "the person first became an Australian resident" at paragraph 575E(a). This clarifies that a person's newly arrived resident's waiting period for austudy payment begins on the day they first become an Australian resident. This also further clarifies the removal of the historical saving provision and means that the current newly arrived resident's waiting period applies to all people, regardless of when they first entered Australia.

Item 29 omits the words "on or after 1 January 1993" at paragraph 623A(1)(a). Current paragraph 623A(1)(a) provides that a person is only subject to the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks if they entered Australia on or after 1 January 1993. By omitting these words, new paragraph 623A(1)(a) essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they enter Australia. This change means any person who applies for newstart allowance on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they first entered Australia. The person would still be able to use periods of past residence in Australia as an Australian resident towards the 104 week waiting period. This change is expected to affect very few people.

Item 30 repeals the note following subsection 623A(2) and substitutes a new note. This new note clarifies that paragraph 7(6AA)(f) is the only relevant qualifying residence exemption for newstart allowance.

Item 31 repeals subsections 623A(3), (5) and (6). This removes various savings provisions that provide the newly arrived resident's waiting period at subsection 623A(1) does not apply. This change ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for newstart allowance.

Item 32 inserts new subsections 623A(8) and (9)

New subsection 623A(8) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 623A(8)(a) provides that the newly arrived resident's waiting period at subsection 623A(1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for newstart allowance. New paragraph 623A(8)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also wither still a family member of that other person at the time the person makes a claim for newstart allowance or if that other person has died, the person was a family member of that other person immediately before that other person died. Finally, new paragraph 623A(8)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim newstart allowance.

New subsection 623A(9) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 623A(8).

Item 33 repeals subsection 623B(2). This removes a previous more beneficial version of the newly arrived resident's waiting period and ensures that the current waiting period of being an Australian resident and in Australia for a period of, or periods totalling, 104 weeks applies to all new claims of newstart allowance.

Item 34 omits the words "If subsection (2) does not apply, the" and substitutes the word "The". This is consequential amendment pursuant to subsection 623B(2) being repealed in item 33 above.

Item 35 repeals the note that follows subsection 623B(2) that refers to a savings provision at Clause 121 of Schedule 1A to this Act that continues the application of previous rules regarding newly arrived resident's waiting periods. This provision is repealed in item 67 and is no longer applicable. For all new claims for newstart allowance on or after the commencement date, the current newly arrived resident's waiting period of being an Australian resident and in Australia for a period of, or periods totalling, 104 weeks will apply.

Item 36 omits the words "on or after 1 January 1993" at paragraph 696B(1)(a). Current paragraph 696B(1)(a) provides that a person is only subject to the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks if they entered Australia on or after 1 January 1993. By omitting these words, new paragraph 696B(1)(a) essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they enter Australia. This change means any person who applies for sickness allowance on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they first enter Australia. The person would still be able to use periods of past residence in Australia as an Australian resident towards the 104 week waiting period. This change is expected to affect very few people.

Item 37 repeals the note following subsection 696B(2) and substitutes a new note. This new note clarifies that paragraph 7(6AA)(f) is the only relevant qualifying residence exemption for sickness allowance.

Item 38 repeals subsections 696B(3), (5) and (6) and substitutes new subsections 696B(3) and (4). The repeal of current subsections 696B(3), (5) and (6) remove various savings provisions that provide the newly arrived resident's waiting period at subsection 696B(1) does not apply. This change ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for sickness allowance.

New subsection 696B(3) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 696B(3)(a) provides that the newly arrived resident's waiting period at subsection 696B(1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for sickness allowance. New paragraph 696B(3)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also either still a family member of that other person at the time the person makes a claim for sickness allowance or if that other person has died, the person was a family member of that other person immediately before that other person died. Finally, new paragraph 696B(3)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim sickness allowance.

New subsection 696B(4) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 696B(3).

Item 39 repeals subsection 696C(2). This removes a previous more beneficial version of the newly arrived resident's waiting period and ensures that the current waiting period of being an Australian resident and in Australia for a period of, or periods totalling, 104 weeks applies to all new claims of sickness allowance.

Item 40 omits the words "If subsection (2) does not apply, the" and substitutes the word "The". This is consequential amendment pursuant to subsection 696C(2) being repealed in item 39 above.

Item 41 repeals the note that follows subsection 696C(2) that refers to a savings provision at Clause 121 of Schedule 1A to this Act that continues the application of previous rules regarding newly arrived resident's waiting periods. This provision is repealed in item 67 and is no longer applicable. For all new claims for sickness allowance on or after commencement date, the current newly arrived resident's waiting period of being an Australian resident and in Australia for a period of, or periods totalling, 104 weeks will apply.

Item 42 adds the words "after the person first entered Australia" at the end of subsection 739A(7). Current subsection 739A(7) provides a contingency that allows all newly arrived residents to access social security, in the form of special benefit, in cases of hardship. It provides that the newly arrived resident's waiting period for special benefit does not apply to newly arrived residents who are in financial hardship and have suffered a substantial change of circumstances beyond their control. This contingency will continue to remain in new subsection 739A(7) but it will be further qualified so that the newly arrived resident's waiting period will only not apply for substantial changes in circumstances, beyond a person's control, that are suffered after the person has first entered Australia. This means that if a person suffers a substantial change of circumstances before they come to Australia, they will not be able to obtain the benefit of subsection 739A(7) and be exempt from a newly arrived resident's waiting period.

Item 43 repeals subsection 739A(8) and substitutes new subsections 739A(8) and (9).

Current subsection 739A(8) provides that the exemption for family members of Australian citizens and family members of long term permanent residents as found at paragraphs 3(1)(e) and (g) of the Newly Arrived Resident's Waiting Period Act do not apply in certain circumstances. As this entire section is being repealed at item 82 , and these exemptions are being permanently removed, current subsection 739A(8) is no longer necessary.

New subsection 739A(8) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 739A(8)(a) provides that the newly arrived resident's waiting period at subsection 739A(1) or (2) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for special benefit. New paragraph 739A(8)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also either still a family member of that other person at the time the person makes a claim for special benefit or if that other person has died, the person was a family member of that other person immediately before that other person died. Finally, new paragraph 739A(8)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim special benefit.

New subsection 739A(9) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 739A(8).

Item 44 omits the words "on or after 1 January 1993" at paragraph 771HNA(1)(a). Current paragraph 771HNA(1)(a) provides that a person is only subject to the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks if they entered Australia on or after 1 January 1993. By omitting these words, new paragraph 771HNA(1)(a) essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they enter Australia. This change means any person who applies for partner allowance on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they first entered Australia. The person would still be able to use periods of past residence in Australia as an Australian resident towards the 104 week waiting period. This change is expected to affect very few people.

Item 45 repeals the note following subsection 771HNA(2) and substitutes a new note. This new note clarifies that paragraph 7(6AA)(f) is the only relevant qualifying residence exemption for partner allowance.

Item 46 repeals subsections 771HNA(4) and (5) and substitutes a new subsection 771HNA (3) and (4).

The repeal of current subsections 771HNA(4) and (5) remove various savings provisions that provide the newly arrived resident's waiting period at subsection 771HNA(1) does not apply. This change ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for partner allowance.

New subsection 771HNA(4) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 771HNA(4)(a) provides that the newly arrived resident's waiting period at subsection 771HNA (1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for partner allowance. New paragraph 771HNA(4)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also either still a family member of that other person at the time the person makes a claim for partner allowance or if that other person has died, the person was a family member of that other person immediately before that other person died. Finally, new paragraph 771HNA(4)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim partner allowance.

New subsection 771HNA(5) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 771HNA(4).

Item 47 repeals the note that follows subsection 771HNA(3) that refers to a savings provision at Clause 121 of Schedule 1A to this Act that continues the application of previous rules regarding newly arrived resident's waiting periods. This provision is repealed in item 67 and is no longer applicable. For all new claims for partner allowance on or after commencement date, the current newly arrived resident's waiting period of being an Australian resident and in Australia for a period of, or periods totalling, 104 weeks will apply.

Item 48 omits the words "subsections (2), (3) and (4), a person who, on or after the commencement of this subsection" and substitutes "this section, a person who" at subsection 1039AA(1). Current subsection 1039AA(1) provides that a person is only subject to the current newly arrived resident's waiting period of being an Australian resident in the commencement of this subsection. By omitting these words, new subsection 1039AA essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they enter Australia. This change means any person who applies for mobility allowance on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they first entered Australia. The person would still be able to use periods of past residence in Australia as an Australian resident towards the 104 week waiting period. This change is expected to affect very few people

Item 49 repeals the note following subsection 1039AA(2) and substitutes a new note. This new note clarifies that paragraph 7(6AA)(f) is the only relevant qualifying residence exemption for mobility allowance.

Item 50 repeals subsection 1039AA(3). This a saving provision that provides the current newly arrived resident's waiting period at subsection 1039AA(1) does not apply to a person who has already served a newly arrived resident's waiting period. Repealing this subsection ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for mobility allowance.

Item 51 repeals subsection 1039AA(5) and substitutes new subsections 1039AA(5) and (6).

Current subsection 1039AA(5) provides that the current newly arrived resident's waiting period at subsection 1039AA(1) does not apply to a person if they are a New Zealand citizen and were an Australian resident on 1 February 2000. Repealing this subsection ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for mobility allowance.

New subsection 1039AA(5) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 1039AA(5)(a) provides that the newly arrived resident's waiting period at subsection 1039AA(1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for mobility allowance. New paragraph 1039AA(5)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also either still a family member of that other person at the time the person makes a claim for 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. Finally, new paragraph 1039AA(5)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim mobility allowance.

New subsection 1039AA(6) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 1039AA(5).

Item 52 omits the words "on or after 4 March 1997" at paragraph 1061PU(1)(a). Current paragraph 1061PU(1)(a) provides that a person is only subject to the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks if they entered Australia on or after 4 March 1997. By omitting these words, new paragraph 1061PU(1)(a) essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they enter Australia. This change means any person who applies for pensioner education supplement on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they first entered Australia. The person would still be able to use periods of past residence in Australia as an Australian resident towards the 104 week waiting period. This change is expected to affect very few people.

Item 53 repeals the note following subsection 1061PU(2) and substitutes a new note. The newly arrived resident's waiting period in relation to pensioner education supplement at subsection 1061PU(1) does not apply to persons who have a qualifying residence exemption for austudy payment. This new note clarifies that paragraph 7(6AA)(f) is the only relevant qualifying residence exemption for austudy payment.

Item 54 repeals subsections 1061PU(3) and (4) and substitutes new subsections 1061PU(3) and (4).

The repeal of current subsections 1061PU(3) and (4) remove various savings provisions that provide the newly arrived resident's waiting period at subsection 1061PU(1) does not apply. This change ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for pensioner education supplement.

New subsection 1061PU(3) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 1061PU(3)(a) provides that the newly arrived resident's waiting period at subsection 1061PU(1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for pensioner education supplement. New paragraph 1061PU(3)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also either still a family member of that person at the time the person makes a claim for pensioner education supplement or if that other person has died, the person was a family member of that other person immediately before that other person died. Finally, new paragraph 1061PU(3)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim pensioner education supplement.

New subsection 1061PU(4) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 1061PU(3).

Item 55 omits the words "on which the person first enters Australia" and substitutes the words "the person first became an Australian resident" in paragraph 1061PV(a). This clarifies that a person can only begin serving their newly arrived resident's waiting period on the day which they are an Australian resident in Australia as opposed to the day on which they first enter Australia.

Item 56 omits the words "subsections (2), (3) and (4)" and substitutes "this section" at subsection 1061ZH(1). This ensures that the newly arrived resident's waiting period at subsection 1061ZH(1) is subject to the entire section as opposed to specific subsections.

Item 57 omits the words "on or after 1 February 2000" at paragraph 1061ZH(1)(a). Current paragraph 1061ZH(1)(a) provides that a person is only subject to the current newly arrived resident's waiting period of being an Australian resident or special category visa holder residing in Australia, and in Australia for a period of, or periods totalling 104 weeks if they entered Australia on or after 1 February 2000. By omitting these words, new paragraph 1061ZH(1)(a) essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they enter Australia. This change means any person who applies for a seniors health card on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they first entered Australia. The person would still be able to use periods of past residence in Australia as an Australian resident or a special category visa holder residing in Australia towards the 104 week waiting period. This change is expected to affect very few people.

Item 58 adds a note following subsection 1061ZH(2). This note clarifies that paragraph 7(6AA)(f) is the only relevant qualifying residence exemption for seniors health cards.

Item 59 repeals subsections 1061ZH(3), (4) and (5) and substitutes new subsections 1061ZH(3) and (4).

The repeal of current subsections 1061ZH(3), (4) and (5) remove various savings provisions that provide the newly arrived resident's waiting period at subsection 1061ZH(1) does not apply. This change ensures that the current newly arrived resident's waiting period of being an Australian resident or a special category visa holder residing in Australia, and in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for seniors health card.

New subsection 1061ZH(3) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 1061ZH(3)(a) provides that the newly arrived resident's waiting period at subsection 1061ZH (1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for a seniors health card. New paragraph 1061ZH(3)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also either still a family member of that other person at the time the person makes a 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. Finally, new paragraph 1061ZH(3)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim for a seniors health card.

New subsection 1061ZH(4) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 1061ZH(3).

Item 60 omits the words "subsection (2)" and substitutes the words "this section" in subsection 1061ZQ(1). This merely provides that the newly arrived resident's waiting period at subsection 1061ZQ(1) is subject to the entire section as opposed to only subsection 1061ZQ(2).

Item 61 omits the words "on or after 1 February 2000" at subsection 1061ZQ(1). Current subsection 1061ZQ(1) provides that a person is only subject to the current newly arrived resident's waiting period of being an Australian resident or a special category visa holder residing in Australia, and in Australia for a period of, or periods totalling 104 weeks if they entered Australia on or after 1 February 2000. By omitting these words, new subsection 1061ZQ(1) essentially removes this historical saving provision and provides that a person is subject to the current newly arrived resident's waiting period from when they first become an Australian resident or special category visa holder residing in Australia. This change means any person who applies for a health care card on or after the commencement date will be subject to the current newly arrived resident's waiting period regardless of when they first entered Australia. The person would still be able to use periods of past residence in Australia as an Australian resident or special category visa holder residing in Australia towards the 104 week waiting period. This change is expected to affect very few people.

Item 62 repeals paragraph 1061ZQ(2)(b). This is a saving provision that provides the current newly arrived resident's waiting period at subsection 1061ZQ(1) does not apply to a person who has already served a newly arrived resident's waiting period. Repealing this subsection ensures that the current newly arrived resident's waiting period of being an Australian resident or a special category visa holder residing in Australia and in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for health care cards.

Item 63 adds a note following subsection 1061ZQ(2). This note clarifies that paragraph 7(6AA)(f) the only relevant qualifying residence exemption for seniors health cards.

Item 64 adds subsections 1061ZQ(3) and (4).

New subsection 1061ZQ(3) reflects the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 1061ZQ(3)(a) provides that the newly arrived resident's waiting period at subsection 1061ZQ(1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for a health care card . New paragraph 1061ZQ(3)(b) provides that the newly arrived resident's waiting period does not apply to a person who is a family member of another person at the time the other person became a refugee and is also either still a family member of that other person at the time the person makes a claim for a health care card or if that other person has died, the person was a family member of that other person immediately before that other person died. Finally, new paragraph 1061ZQ(3)(c) provides the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim for a health care card.

New subsection 1061ZQ(4) provides references to the definitions of 'family member', 'former refugee' and 'refugee'. These terms are referred to in new subsection 1061ZQ(3).

Item 65 omits the word "if" and substitutes the words "(1) Subject to subsection (2), if" at section 1061ZR. This change is a consequential amendment based on item 66 below and effectively makes this provision a new subsection 1061ZR(1).

Item 66 inserts subsection 1061ZR(2) at the end of section 1061ZR. New subsection 1061ZR(2) essentially provides that a person can begin serving their newly arrived waiting period for a health care card on the day they apply for visa if the visa is in a class determined by the Minister for the purposes of paragraph 739A(3)(b). This means a person can start serving their 104 week newly arrived resident's waiting period before they are an Australian resident or special category visa holder residing in Australia as required by new subsection 1061ZR(1).

Item 67 repeals clause 121 of Schedule 1A. This clause is a savings provision that provides that if a person was subject to newly arrived resident's waiting period immediately before the commencement of the Further 1998 Budget Measures Legislation Amendment (Social Security) Act 1999, the Social Security Act continues to apply to the person in relation to the waiting period as if the amendments had not been made. Repealing this clause removes a historic savings provision. This change ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim.

Application Provisions

Item 68 is an application provision in relation to qualifying residence exemption. This provision provides that the changes made to section 7 of the Social Security Act in this Schedule apply to all claims made on or after commencement.

Item 69 is an application provision in relation to carer payment.

This provides that the changes made to paragraph 201AA(1)(a) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

New subsections 201AA(5) and (5A) which includes the exemption for people specified in a class of visas by legislative instrument and the relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all carer payment claims made on or after the commencement of this Schedule.

Current subsection 201AA(5) continues to apply to all claims for carer payment made before the commencement of this Schedule.

A determination that is in forced under current paragraph 201AA(5)(d) immediately before the commencement of this Schedule continues to have effect after commencement as if it were a determination under new subsection 201AA(5B).

Item 70 is an application provision in relation to widow allowance. This provides that the amendments to section 408BA made by this Schedule apply in relation to claims for widow allowance made on or after the commencement of this Schedule.

Item 71 is an application provision in relation to parenting payment. This provides that the amendments to section 500 made by this Schedule apply in relation to claims for parenting payment made on or after the commencement of this Schedule.

Item 72 is an application provision in relation to youth allowance.

This provides that the changes made to paragraph 549D(1)(a) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

Current subsections 549D(3), (4) and (5) continue to apply to all claims for youth allowance made before the commencement of this Schedule.

New subsections 549D (7) and (8) which contain the remaining relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all youth allowance claims made on or after the commencement of this Schedule.

The amendment to paragraph 549E(a) also applies in relation to all claims for youth allowance made on or after commencement of this Schedule.

Item 73 is an application provision in relation to austudy payment.

This provides that the changes made to paragraph 575D(1)(a) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

Current subsections 575D(3) and (4) continue to apply to all claims for austudy payment made before the commencement of this Schedule

New subsections 575D (3) and (4) which contain the remaining relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all austudy payments claims made on or after the commencement of this Schedule.

The amendment to paragraph 575E(a) also applies in relation to all claims for austudy payment made on or after commencement of this Schedule.

Item 74 is an application provision in relation to newstart allowance.

This provides that the changes made to paragraph 623A(1)(a) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

Current subsections 623A(3) and (6) and 623B(2) continue to apply to all claims for newstart allowance made before the commencement of this Schedule.

New subsections 623A (8) and (9) which contain the remaining relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all newstart allowance claims made on or after the commencement of this Schedule.

Item 75 is an application provision in relation to sickness allowance.

This provides that the changes made to paragraph 696B(1)(a) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

New subsections 696B (3) and (4) which contain the remaining relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all sickness allowance claims made on or after the commencement of this Schedule.

Current subsections 696B(3), (5) and (6) and 696C(2) continue to apply to all claims for sickness allowance made before the commencement of this Schedule.

Item 76 is an application provision in relation to special benefit. All the amendments made in relation special benefit at section 739A apply in relation to claims for special benefit made on or after the commencement of this Schedule.

Item 77 is an application provision in relation to partner allowance.

This provides that the changes made to paragraph 771HNA(1)(a) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

New subsections 771HNA (3) and (4) which contain the remaining relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all partner allowance claims made on or after the commencement of this Schedule.

Current subsections 771HNA(4) and (5) continue to apply to all claims for partner allowance made before the commencement of this Schedule.

Item 78 is an application provision in relation to mobility allowance.

This provides that the changes made to subsection 1039AA(1) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

Current subsections 1039AA(3) and (5) continue to apply to all claims for mobility allowance made before the commencement of this Schedule.

New subsections 1039AA(5) and (6) which contain the remaining relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all mobility allowance claims made on or after the commencement of this Schedule.

Item 79 is an application provision in relation to pensioner education supplement.

This provides that the changes made to paragraph 1061PU(1)(a) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

New subsections 1061PU(3) and (4) which contain the remaining relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all pensioner education supplement claims made on or after the commencement of this Schedule.

Current subsections 1061PU (3) and (4) continue to apply to all claims for pensioner education supplement made before the commencement of this Schedule.

The amendment to paragraph 1061PV(a) also applies in relation to all claims for pensioner education supplement made on or after commencement of this Schedule.

Item 80 is an application provision in relation to seniors health cards.

This provides that the changes made to subsection 1061ZH(1) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

New subsections 1061ZH(3) and (4) which contain the remaining relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all claims for seniors health card made on or after the commencement of this Schedule.

Current subsections 1061ZH(3), (4) and (5) continue to apply to all claims for seniors health cards made before the commencement of this Schedule.

Item 81 is an application provision in relation to health care cards.

This provides that the changes made to subsection 1061ZQ(1) apply to all entries to Australia regardless as to whether they occur before, on or after commencement of this Schedule.

Current paragraph 1061ZQ(2)(b) continues to apply to all claims for health care cards made before the commencement of this Schedule.

New subsections 1061ZQ(3) and (4) which contain the remaining relevant exemptions as moved from the Newly Arrived Resident's Waiting Period Act apply to all health care card claims made on or after the commencement of this Schedule.

The changes made to 1061ZR apply to all health care card claims made on or after the commencement of this Schedule.

Amendments to the Newly Arrived Resident's Waiting Period Act

Item 82 repeals section 3.

This change will repeal all the exemptions from the newly arrived resident's waiting periods contained in this section with the relevant remaining exemptions to be reproduced in the Social Security Act.

The ongoing effect of this section has led to ongoing confusion and meant that a person would have to look across multiple Acts in order to establish whether a newly arrived resident's waiting period applies. In order to prevent this confusion, the exemptions that remain from this section for refugees, former refugees, family members of refugees and former refugees and Australian citizens are reproduced in relation to the relevant payments that have newly arrived resident's waiting periods in the items above. These encompass paragraphs 3(1)(a), (b), (c) and (d) of the Newly Arrived Resident's Waiting Period Act. The exact requirements to satisfy these exemptions have been clarified in their reproduction to the Social Security Act.

The exemption from the newly arrived resident's waiting period for family members of Australian citizens and for family members of persons who have been Australian residents for a continuous period of two years will be removed permanently and will not be reproduced in the Social Security Act. These exemptions are currently found at paragraphs 3(1)(e) and (g) of the Newly Arrived Resident's Waiting Period Act.

This change will align the Social Security waiting period for working age payments for all newly arrived migrants to Australia, apart from refugees, former refugees and their family members. This change would reinforce the Australian Government's position that all newly arrived migrants should be self-sufficient or seek support from family members and not expect to be supported by the Australian taxpayer immediately on arrival in Australia. The newly arrived resident's waiting period aims to ensure that new migrants to Australia take steps prior to moving to Australia to provide for their own financial support during their initial settlement period in Australia. It is reasonable to expect that migrants, particularly those with family members living in Australia, should be financially secure or a least put arrangements in place to support themselves prior to moving to Australia.

The exemption for a person who has been an Australian resident for a continuous period of two years as found at paragraph 3(1)(f) of the Newly Arrived Resident's Waiting Period Act will not be reproduced in the Social Security Act, as this exemption relates to a previous version of the newly arrived resident's waiting period. Instead the current newly arrived resident's waiting period will apply and mean the person must be an Australian resident and in Australia for a period of, or periods totalling, 104 weeks.

Saving Provision

Item 83 is a saving provision for the amendment made to the Newly Arrived Resident's Waiting Period Act. It provides that the Newly Arrived Resident's Waiting Period Act, as in effect immediately before the commencement of this Schedule, continues to apply on and after commencement for all claims for social security payments, seniors health care cards and health care cards that were made before that commencement. This means if a person makes a claim for a social security payment, seniors health care card or health care card before the commencement of this Schedule, section 3 of the Newly Arrived Resident's Waiting Period Act continues to apply and they can obtain the benefit of that section.

Part 2 - Farm household support amendments

Amendments to the Farm Household Support Act

Item 84 inserts the definitions of 'eligible family member', 'former refugee' and 'refugee' in subsection 5(1) of the Farm Household Support Act. These terms are referred to in new paragraphs 42(2)(i) and (j).

Item 85 repeals paragraphs 42(a), (b), (d), (e), (f) and (g). This removes various savings provisions that provide for a person not to be subject to the newly arrived resident's waiting period at subsection 42(1). This change ensures that the current newly arrived resident's waiting period of being an Australian resident in Australia for a period of, or periods totalling, 104 weeks applies to those who have yet to make a claim for farm household allowance.

Item 86 inserts new paragraphs 42(2)(i), (j) and (k). These paragraphs reflect the transfer of the remaining relevant exemptions from the newly arrived resident's waiting period in section 3 of the Newly Arrived Resident's Waiting Period Act. New paragraph 42(2)(i) provides that the newly arrived resident's waiting period at subsection 42(1) does not apply to a person if they are a refugee or former refugee at the time the person makes a claim for farm household allowance. New paragraph 42(2)(j) provides that the newly arrived resident's waiting period does not apply to a person who is a eligible family member of another person at the time the other person became or refugee and is also either, an eligible family member of that other person at the time they make a claim for farm household allowance or if that other person has died, the person was an eligible family member of that other person immediately before that other person died. Finally, new paragraph 42(2)(k) provides that the newly arrived resident's waiting period does not apply to a person who is an Australian citizen at the time the person makes a claim for farm household allowance.

Item 87 and 88 omit the word "(1)" at current subsection 43(1) and the words "(subject to subsection (2))" at paragraph 43(1)(b). These are consequential amendments based on the repeal of current subsection 43(2) in item 89 below.

Item 89 repeals subsection 43(2). This removes a previous more beneficial version of the newly arrived resident's waiting period and ensures that the current waiting period of being an Australian resident and in Australia for a period of, or periods totalling, 104 weeks applies to all new claims of farm household allowance.

Item 90 is the application provision for the amendments made to the Farm Household Support Act. This provides that the amendments apply in relation to all claims for farm household assistance made on or after the commencement of this Schedule. This means that current sections 42 and 43 apply to all claims made for farm household allowance before commencement of this Schedule.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Newly arrived resident's waiting period

This Schedule is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview

This Schedule will align the newly arrived residents waiting period that is applied to working-age social security payments (e.g. Newstart Allowance, Youth Allowance), concession cards and farm household allowance by removing the exemption provided to family members of Australian citizens or permanent resident visa holders.

This measure ensures all newly arrived migrants will be required to serve the same 104-week newly arrived residents waiting period.

Human rights implications

This Schedule has considered the human rights implications particularly with reference to the right to social security contained within Article 9 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It is concluded that the Schedule does not place limitations on human rights.

This measure aligns the 104-week newly arrived resident's waiting period for income support payments for all migrants (except for permanent humanitarian entrants) by removing an exemption which allows some people to qualify for income support payments earlier than others.

Permanent Humanitarian entrants will continue to be exempt from all social security payment waiting periods.

Right to Social Security:

The measure engages the right to social security contained in Article 9 of the ICESCR.

The right to social security requires that a system be established under domestic law, and that public authorities must take responsibility for the effective administration of the system. The social security scheme must provide a minimum essential level of benefits to all individuals and families that will enable them to cover essential living costs.

Access to Special Benefit will still be available for a newly arrived resident in financial hardship who has suffered a substantial change in their circumstances, beyond their control, after arrival. There remains no waiting period for family assistance payments for families with children, such as Family Tax Benefit.

Conclusion

These amendments are compatible with human rights. To the extent that they may limit a person's access to social security, the limitation is reasonable and proportionate.