Document ID: chunk:federal_register_of_legislation:C2018A00168:clause:1_966
Version: federal_register_of_legislation:C2018A00168
Segment Type: clause
Provision Reference: sch 1 cl 966
Character Range: 11777–13809

966  Newly arrived resident's waiting period
 (1) 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 and in Australia for a period of, or periods totalling, 52 weeks.
Note: For Australian resident see subsection 7(2).
 (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for carer allowance.
Note: For qualifying residence exemption in relation to carer allowance see paragraph 7(6AA)(f).
 (3) 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).
 (4) Subsection (1) does not apply to a person if:
 (a) the person is receiving a social security pension or a social security benefit; or
 (b) the person is receiving farm household allowance under the Farm Household Support Act 2014; or
 (c) parental leave pay, or dad and partner pay, under the Paid Parental Leave Act 2010 is payable to the person.
 (5) 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 carer allowance; or
 (b) the following apply:
 (i) 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;
 (ii) 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
 (c) the person is an Australian citizen at the time the person made the claim for carer allowance.
 (6) For the purposes of subsection (5):
 (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).