BUDGET SAVINGS (OMNIBUS) ACT 2016 - SCHEDULE 10 Newly arrived resident's waiting period

Commonwealth Consolidated Acts

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BUDGET SAVINGS (OMNIBUS) ACT 2016 - SCHEDULE 10

Newly arrived resident's waiting period

Part 1 -- Social security amendments

Social Security Act 1991

1 Subsection 7(1) (definition of designated temporary entry permit )

Repeal the definition.

2 Subsection 7(1) (definitions of permanent visa , special category visa , temporary visa and visa )

Repeal the definitions, substitute:

"permanent visa" , special category visa and visa have the same meaning as in the Migration Act 1958 .

3 Subsection 7(6)

Repeal the subsection, substitute:

(6) A person has a qualifying residence exemption for a social security pension (other than carer payment) or a social security benefit (other than youth allowance, austudy payment, newstart allowance, sickness allowance, special benefit or partner allowance) if, and only if, the person:

(a) resides in Australia ; and

(b) is either:

(i) a refugee; or

(ii) a former refugee.

4 Paragraph 7(6AA)(b)

Before "was", insert "except in relation to pension PP (single), benefit PP (partnered), youth allowance, austudy payment, newstart allowance, sickness allowance, partner allowance, carer payment, mobility allowance, a seniors health card or a health care card--".

5 Paragraph 7(6AA)(f)

Before "holds", insert "in any case--".

6 Subsection 23(1) (definition of designated temporary entry permit )

Repeal the definition.

7 Subsection 23(1) ( paragraph ( b) of the definition of newly arrived resident's waiting period )

Repeal the paragraph.

8 Subsection 23(1) (definition of temporary visa )

Repeal the definition.

9 Subsection 23(1) ( paragraph ( ab) of the definition of waiting period )

Repeal the paragraph.

10 Paragraph 201AA(1)(a)

Repeal the paragraph, substitute:

(a) has entered Australia; and

11 At the end of subsection 201AA(2)

Add:

Note: For qualifying residence exemption in relation to carer payment, see paragraph 7(6AA)(f).

12 Subsection 201AA(5)

Repeal the subsection, substitute:

(5) Subsection ( 1) does not apply to a person if, at the time the person made the claim for a carer payment, the person holds a visa that is in a class of visas determined in an instrument under subsection ( 5B).

(5A) 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 carer payment; or

(b) the following apply:

(i) before the person made the claim for a carer 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 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; or

(5B) The Minister may, by legislative instrument, determine a class of visas for the purposes of subsection ( 5). The class must not be a class covered by paragraph 7(6AA)(f).

13 Subsection 201AA(6)

Insert:

"family member" has the meaning given by subsection 7(6D).

"former refugee" has the meaning given by subsection 7(1).

"refugee" has the meaning given by subsection 7(6B).

14 Subparagraphs 408BA(2)(d)(i) and (ia)

Repeal the subparagraphs.

15 Subparagraph 408BA(2)(d)(ib)

Omit "if the woman entered Australia on or after the commencement day--".

16 Subsection 408BA(6)

Repeal the subsection.

17 After subparagraph 500(1)(d)(iii)

Insert:

; (iv) the person satisfies subsection ( 3).

18 Subsection 500(1) (note 1)

Repeal the note, substitute:

Note 1: For Australian resident , see section 7. For qualifying residence exemption in relation to parenting payment, see subsection 7(6) and paragraph 7(6AA)(f).

19 At the end of section 500

Add:

(3) A person satisfies this subsection if the following apply:

(a) before the person made the claim for parenting payment, the person was a family member of another person at the time the other person became a refugee;

(b) the person is a family member of that other person at the time the person made the claim for parenting payment or, if that other person has died, the person was a family member of that other person immediately before that other person died.

(4) For the purposes of subsection ( 3):

(a) family member has the meaning given by subsection 7(6D); and

(b) refugee has the meaning given by subsection 7(6B).

20 Paragraph 549D(1)(a)

Omit "on or after 4 March 1997".

21 Subsection 549D(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to youth allowance, see paragraph 7(6AA)(f).

22 Subsections 549D(3) to (5)

Repeal the subsections.

23 At the end of section 549D

Add:

Exception--other

(7) 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 youth allowance; or

(b) the following apply:

(i) before the person made the claim for a youth 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 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; or

(8) For the purposes of subsection ( 7):

(a) family member has the meaning given by subsection 7(6D); and

(b) former refugee has the meaning given by subsection 7(1); and

24 Paragraph 549E(a)

Omit "on which the person first entered Australia on or after 4 March 1997", substitute "the person first became an Australian resident".

25 Paragraph 575D(1)(a)

Omit "on or after 4 March 1997".

26 Subsection 575D(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).

27 Subsections 575D(3) and (4)

Repeal the subsections, substitute:

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

(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

28 Paragraph 575E(a)

Omit "on which the person first entered Australia", substitute "the person first became an Australian resident".

29 Paragraph 623A(1)(a)

Omit "on or after 1 January 1993".

30 Subsection 623A(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to newstart allowance, see paragraph 7(6AA)(f).

31 Subsections 623A(3) to (6)

Repeal the subsections.

32 At the end of section 623A

Add:

(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 newstart allowance; or

(b) the following apply:

(i) before the person made the claim for a newstart 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 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; or

(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

33 Subsection 623B(2)

Repeal the subsection.

34 Subsection 623B(3)

Omit "If subsection ( 2) does not apply, the", substitute "The".

35 Subsection 623B(3) (note)

Repeal the note.

36 Paragraph 696B(1)(a)

Omit "on or after 1 January 1993".

37 Subsection 696B(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to sickness allowance, see paragraph 7(6AA)(f).

38 Subsections 696B(3) to (6)

Repeal the subsections, substitute:

(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 sickness allowance; or

(b) the following apply:

(i) before the person made the claim for sickness 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 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; or

(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

39 Subsection 696C(2)

Repeal the subsection.

40 Subsection 696C(3)

Omit "If subsection ( 2) does not apply, the", substitute "The".

41 Subsection 696C(3) (note)

Repeal the note.

42 At the end of subsection 739A(7) (before the note)

Add "after the person first entered Australia".

43 Subsection 739A(8)

Repeal the subsection, substitute:

(8) Neither subsection ( 1) nor (2) applies to a person if:

(a) the person is a refugee, or a former refugee, at the time the person made the claim for a special benefit; or

(b) the following apply:

(i) before the person made the claim for a special benefit, 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 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; or

(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

44 Paragraph 771HNA(1)(a)

Omit "on or after 1 January 1993".

45 Subsection 771HNA(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to partner allowance, see paragraph 7(6AA)(f).

46 Subsections 771HNA(4) and (5)

Repeal the subsections, substitute:

(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 partner allowance; or

(b) the following apply:

(i) before the person made the claim for a partner 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 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; or

(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

47 Subsection 771HNB(3) (note)

Repeal the note.

48 Subsection 1039AA(1)

Omit " subsections ( 2), (3) and (4), a person who, on or after the commencement of this subsection", substitute "this section, a person who".

49 Subsection 1039AA(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to mobility allowance, see paragraph 7(6AA)(f).

50 Subsection 1039AA(3)

Repeal the subsection.

51 Subsection 1039AA(5)

Repeal the subsection, substitute:

(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 a mobility allowance; or

(b) the following apply:

(i) before the person made the claim for a mobility 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 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; or

(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

52 Paragraph 1061PU(1)(a)

Omit "on or after 4 March 1997".

53 Subsection 1061PU(2) (note)

Repeal the note, substitute:

Note: For qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).

54 Subsections 1061PU(3) and (4)

Repeal the subsections, substitute:

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 a pensioner education supplement; or

(b) the following apply:

(i) before the person made the claim for a pensioner education supplement, 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 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; or

(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

55 Paragraph 1061PV(a)

Omit "on which the person first entered Australia", substitute "the person first became an Australian resident".

56 Subsection 1061ZH(1)

Omit " subsections ( 2), (3) and (4)", substitute "this section".

57 Paragraph 1061ZH(1)(a)

Omit "on or after 1 February 2000".

58 At the end of subsection 1061ZH(2)

Add:

Note: For qualifying residence exemption in relation to a seniors health card, see paragraph 7(6AA)(f).

59 Subsections 1061ZH(3) to (5)

Repeal the subsections, substitute:

(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 seniors health card; or

(b) the following apply:

(i) before the person made the claim for a seniors health card, 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 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; or

(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

60 Subsection 1061ZQ(1)

Omit " subsection ( 2)", substitute "this section".

61 Subsection 1061ZQ(1)

Omit "on or after 1 February 2000".

62 Paragraph 1061ZQ(2)(b)

Repeal the paragraph.

63 At the end of subsection 1061ZQ(2)

Add:

Note: For paragraph ( a): for qualifying residence exemption in relation to a health care card, see paragraph 7(6AA)(f).

64 At the end of section 1061ZQ

Add:

(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 health care card; or

(b) the following apply:

(i) before the person made the claim for a health care card, 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 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; or

(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

65 Section 1061ZR

Omit "If", substitute "(1) Subject to subsection ( 2), if".

66 At the end of section 1061ZR

Add:

(2) If:

(a) a person is subject to a newly arrived resident's waiting period; and

(b) before, on or after the commencement of this subsection, the person applied for a visa that is in a class of visas determined by the Minister for the purposes of paragraph 739A(3)(b);

the waiting period:

(d) ends when the person has been in Australia for a period of, or for periods totalling, 104 weeks after that day.

67 Clause 121 of Schedule 1A

Repeal the clause.

68 Application provision--qualifying residence exemption

The amendments of section 7 of the Social Security Act 1991 made by this Schedule apply in relation to:

(a) claims for a social security pension or a social security benefit made on or after the commencement of this item; and

(b) claims for a mobility allowance or a pensioner education supplement made on or after that commencement; and

(d) claims for a health care card made on or after that commencement.

69 Application and saving provisions--carer payment

(1) Paragraph 201AA(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 201AA(5) to (5B) of the Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a carer payment made on or after the commencement of this item.

(3) Subsection 201AA(5) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to claims for a carer payment made before that commencement.

(4) A determination in force under paragraph 201AA(5)(d) of the Social Security Act 1991 immediately before the commencement of this item has effect on and after that commencement as if it were a determination in force under subsection 201AA(5B) of that Act.

70 Application provision--widow allowance

The amendments of section 408BA of the Social Security Act 1991 made by this Schedule apply in relation to claims for widow allowance made on or after the commencement of this item.

71 Application provision--parenting payment

The amendments of section 500 of the Social Security Act 1991 made by this Schedule apply in relation to claims for parenting payment made on or after the commencement of this item.

72 Application and saving provisions--youth allowance

(1) Paragraph 549D(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 549D(3) to (5) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a youth allowance made before that commencement.

(3) Subsections 549D(7) and (8) of the Social Security Act 1991 , as added by this Schedule, apply in relation to claims for a youth allowance made on or after the commencement of this item.

(4) The amendment of paragraph 549E(a) of the Social Security Act 1991 made by this Schedule applies in relation to claims for a youth allowance made on or after the commencement of this item.

73 Application and saving provisions--austudy payment

(1) Paragraph 575D(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 575D(3) and (4) of the Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for an austudy payment made on or after the commencement of this item.

(3) Subsections 575D(3) and (4) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for an austudy payment made before that commencement.

(4) The amendment of paragraph 575E(a) of the Social Security Act 1991 made by this Schedule applies in relation to claims for an austudy payment made on or after the commencement of this item.

74 Application and saving provisions--newstart allowance

(1) Paragraph 623A(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 623A(3) to (6) and 623B(2) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a newstart allowance made before that commencement.

(3) Subsections 623A(8) and (9) of the Social Security Act 1991 , as added by this Schedule, apply in relation to claims for a newstart allowance made on or after the commencement of this item.

75 Application and saving provisions--sickness allowance

(1) Paragraph 696B(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 696B(3) and (4) of the Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for sickness allowance made on or after the commencement of this item.

(3) Subsections 696B(3) to (6) and 696C(2) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for sickness allowance made before that commencement.

76 Application provision--special benefit

The amendments of section 739A of the Social Security Act 1991 made by this Schedule apply in relation to claims for a special benefit made on or after the commencement of this item.

77 Application and saving provisions--partner allowance

(1) Paragraph 771HNA(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 771HNA(3) and (4) of the Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a partner allowance made on or after the commencement of this item.

(3) Subsections 771HNA(4) and (5) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a partner allowance made before that commencement.

78 Application and saving provisions--mobility allowance

(1) Subsection 1039AA(1) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 1039AA(3) and (5) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a mobility allowance made before that commencement.

(3) Subsections 1039AA(5) and (6) of the Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a mobility allowance made on or after the commencement of this item.

79 Application and saving provisions--pensioner education supplement

(1) Paragraph 1061PU(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 1061PU(3) and (4) of the Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a pensioner education supplement made on or after the commencement of this item.

(3) Subsections 1061PU(3) and (4) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a pensioner education supplement made before that commencement.

(4) The amendment of paragraph 1061PV(a) of the Social Security Act 1991 made by this Schedule applies in relation to claims for a pensioner education supplement made on or after the commencement of this item.

80 Application and saving provisions--seniors health card

(1) Paragraph 1061ZH(1)(a) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Subsections 1061ZH(3) and (4) of the Social Security Act 1991 , as substituted by this Schedule, apply in relation to claims for a seniors health card made on or after the commencement of this item.

(3) Subsections 1061ZH(3) to (5) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to claims for a seniors health card made before that commencement.

81 Application and saving provisions--health care card

(1) Subsection 1061ZQ(1) of the Social Security Act 1991 applies on and after the commencement of this item in relation to entries to Australia occurring before, on or after that commencement.

(2) Paragraph 1061ZQ(2)(b) of the Social Security Act 1991 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to claims for a health care card made before that commencement.

(3) Subsections 1061ZQ(3) and (4) of the Social Security Act 1991 , as added by this Schedule, apply in relation to claims for a health care card made on or after the commencement of this item.

(4) Section 1061ZR of the Social Security Act 1991 , as amended by this Schedule, applies in relation to claims for a health care card made on or after the commencement of this item.

Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997

82 Section 3

Repeal the section.

83 Saving provision

Despite the repeal of section 3 of the Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to:

(a) claims for a social security payment made before that commencement; and

(b) claims for a seniors health card made before that commencement; and

Part 2 -- Farm household support amendments

Farm Household Support Act 2014

84 Subsection 5(1)

Insert:

"eligible family member" has the same meaning as family member has for the purposes of subsection 7(6AA) of the Social Security Act.

"former refugee" has the meaning given by subsection 7(1) of the Social Security Act.

"refugee" has the meaning given by subsection 7(6B) of the Social Security Act.

85 Paragraphs 42(2)(a), (b), (d), (e), (f) and (g)

Repeal the paragraphs.

86 At the end of subsection 42(2)

Add:

; (i) a person who is a refugee, or a former refugee, at the time the person made the claim for farm household allowance;

(j) a person in relation to whom the following apply:

(i) before the person made the claim for farm household allowance, the person was an eligible family member of another person at the time the other person became a refugee;

(ii) the person is an eligible family member of that other person at the time the person made the 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;

(k) a person who is an Australian citizen at the time the person made the claim for farm household allowance.

87 Subsection 43(1)

Omit "(1)".

88 Paragraph 43(1)(b)

Omit "(subject to subsection ( 2))".

89 Subsection 43(2)

Repeal the subsection.

90 Application provision

The amendments of sections 42 and 43 of the Farm Household Support Act 2014 made by this Schedule apply in relation to claims for farm household allowance made on or after the commencement of this item.

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