Newly arrived resident’s waiting period
1061PU Newly arrived resident’s waiting period
Basic rule
Subject to this section, a person is subject to a newly arrived resident’s waiting period if the person:
has entered Australia; and
has not been an Australian resident in Australia for a period of, or periods totalling, 208 weeks.
For Australian resident see subsection 7(2).
Exception—qualifying resident exemption
Subsection (1) does not apply to a person who has a qualifying residence exemption for an austudy payment.
For qualifying residence exemption in relation to austudy payment, see paragraph 7(6AA)(f).
Exception—other
Subsection (1) does not apply to a person if:
the person is a refugee, or a former refugee, at the time the person made the claim for a pensioner education supplement; or
the following apply:
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;
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
the person is an Australian citizen at the time the person made the claim for a pensioner education supplement.
For the purposes of subsection (3):
family member has the meaning given by subsection 7(6D); and
former refugee has the meaning given by subsection 7(1); and
refugee has the meaning given by subsection 7(6B).
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