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, 52 weeks.

For Australian resident see subsection 7(2).

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

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

Subsection (1) does not apply to a person if, at the time the person made the claim for carer allowance, the person holds a visa that is in a class of visas determined by the Minister for the purposes of subsection 201AA(5).

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

the person is receiving a social security pension or a social security benefit; or

the person is receiving farm household allowance under the Farm Household Support Act 2014; or

parental leave pay under the Paid Parental Leave Act 2010 is payable to the person.

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 carer allowance; or

the following apply:

before the person made the claim for carer allowance, 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 carer 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

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

For the purposes of subsection (5):

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).