Commonwealth Consolidated Acts Commonwealth Consolidated ActsBasic rule
(1) Subject to this section, a person is subject to a newly arrived resident's waiting period if the person:
(a) has entered Australia; and
(b) has not been an Australian resident in Australia for a period of, or periods totalling, 208 weeks.
Note: For Australian resident see subsection 7(2).
Exception--qualifying resident exemption
(2) Subsection (1) does not apply to a person who has a qualifying residence exemption for an austudy payment.
Note: For qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).
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
(c) the person is an Australian citizen at the time the person made the claim for a pensioner education supplement.
(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).