Document ID: chunk:federal_register_of_legislation:C2018A00168:clause:4_115cba:p2
Version: federal_register_of_legislation:C2018A00168
Segment Type: clause
Provision Reference: sch 4 cl 115CBA (pt 2/2)
Character Range: 30188–32315

the person:
 (c) first entered Australia; or
 (d) becomes the holder of a permanent visa;
whichever occurs last, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.

Exemptions
 (5) Subsection (1) does not apply to a person if, on the day before the day that would be the start of the person's DAPP period if a payability determination were made:
 (a) the person is receiving a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act); or
 (b) the person is receiving farm household allowance under the Farm Household Support Act 2014.
 (6) Subsection 115CB(9) does not apply to a person in respect of a day in the newly arrived resident's waiting period for the person if on that day the person holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991.
 (7) Subsection 115CB(9) does not apply to a person in respect of a day (the assessment day) in the newly arrived resident's waiting period for the person if:
 (a) on the assessment day the person is a refugee or a former refugee; or
 (b) the following apply:
 (i) the person was a family member of another person at the time the other person became a refugee before the assessment day;
 (ii) the person is a family member of that other person on the assessment day 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 on the assessment day; or
 (d) the person is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.
 (8) For the purposes of subsection (7):
 (a) family member has the meaning given by subsection 7(6D) of the Social Security Act 1991; and
 (b) former refugee has the meaning given by subsection 7(1) of the Social Security Act 1991; and
 (c) refugee has the meaning given by subsection 7(6B) of the Social Security Act 1991.