Social Security Act 1991

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 and in Australia for a period of, or periods totalling, 104 weeks.

For Australian resident see subsection 7(2).

Subsection (1) does not apply to a person who has a qualifying residence exemption for a carer payment.

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

Subsection (1) does not apply to a person who is:

the holder of a subclass 104 visa—Preferential family; and

either a carer or a special need relative.

Subsection (1) does not apply to a person who is:

the holder of a subclass 806 visa—Family; and

either a carer or a special need relative.

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).

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 carer payment; or

the following apply:

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;

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

the person is an Australian citizen at the time the person made the claim for a carer payment.

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).

In this section: