Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 (168 of 2018)

Schedule 1   Social security amendments

Part 2   New newly arrived resident's waiting periods

Social Security Act 1991

28   At the end of Subdivision B of Division 1 of Part 2.7

Add:

322 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.

Note: For Australian resident see subsection 7(2).

(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a bereavement allowance.

Note: For qualifying residence exemption in relation to a bereavement allowance see subsection 7(6).

(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 bereavement allowance; or

(b) the following apply:

(i) before the person made the claim for a bereavement 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 a bereavement 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 a bereavement allowance.

(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).

323 Duration of newly arrived resident's waiting period

(1) If a person is subject to a newly arrived resident's waiting period, the period starts on the day the person first became an Australian resident.

(2) The newly arrived resident's waiting period ends when the person has been an Australian resident and in Australia for a period of, or periods totalling, 208 weeks.