Document ID: chunk:federal_register_of_legislation:C2018A00168:clause:4_31a:p2
Version: federal_register_of_legislation:C2018A00168
Segment Type: clause
Provision Reference: sch 4 cl 31A (pt 2/3)
Character Range: 24871–27376

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:
 (a) on the day before the day (the relevant day) that would be the start of the person's PPL period if a payability determination were made; and
 (b) if the person is the primary claimant and the relevant day is at least 2 days after the day the child was born—on the day the child was born and on each later day (if any) before the day applicable under paragraph (a);
the person was receiving either of the following:
 (c) a social security pension (within the meaning of the Social Security Act 1991) or a social security benefit (within the meaning of that Act);
 (d) farm household allowance under the Farm Household Support Act 2014.
 (6) However, subsection (5) does not apply if paragraphs 15(1)(a), (b) and (c) apply in relation to the child. Instead, in this case, subsection (1) of this section does not apply to a person in the circumstances prescribed by the PPL rules.
 (7) Subsection 31(6) 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.
 (7A) Subsection 31(6) 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 (7A):
 (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