Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 549D

Basic 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 residence exemption

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

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

Exception--lone parent

  (6)   Subsection   (1) does not apply to a person if the person:

  (a)   is the principal carer of one or more children; and

  (b)   is not a member of a couple; and

  (c)   is not undertaking full - time study; and

  (d)   is not a new apprentice; and

  (e)   was not a lone parent at the start of the person's current period as an Australian resident.

Note 1:   For principal carer see subsections   5(15) to (24).

Note 2:   For undertaking full - time study see section   541B.

Note 3:   For new apprentice see subsection   23(1).

Note 4:   For lone parent and current period as an Australian resident see subsection   23(1).

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

  (ba)   the following apply:

  (i)   the person is undertaking full - time study or is a new apprentice;

  (ii)   the person is the holder of a Pacific engagement visa at the time the person made the claim for a youth allowance; or

  (c)   the person is an Australian citizen at the time the person made the claim for a youth allowance.

  (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

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