Document ID: chunk:federal_register_of_legislation:C2017C00034:clause:1_5ba
Version: federal_register_of_legislation:C2017C00034
Segment Type: clause
Provision Reference: sch 1 cl 5BA
Character Range: 36975–38612

5BA  Newly arrived disadvantaged low income resident's waiting period
 (1) Subject to subsection (2), a person who enters Australia, on or after the commencement of this subsection, is subject to a newly arrived disadvantaged low income resident's waiting period.
 (2) Subsection (1) does not apply to a person who:
 (a) has a qualifying disadvantaged low income residence exemption; or
 (b) has already served a newly arrived disadvantaged low income resident's waiting period or a newly arrived resident's waiting period; or
 (c) has been an Australian resident for a period of, or periods totalling, 104 weeks.
 (3) If a person is subject to a newly arrived disadvantaged low income resident's waiting period, the period starts on the day on which the person:
 (a) first entered Australia; or
 (b) becomes an Australian resident;
whichever day last occurs, and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
 (4) For the purposes of subsection (2), a person has a qualifying disadvantaged low income residence exemption if, and only if, the person:
 (a) resides in Australia; or
 (b) is:
 (i) a refugee; or
 (ii) a former refugee; or
 (iii) a family member of the refugee, or former refugee, at the time the refugee or former refugee arrived in Australia; or
 (iv) an exempt resident; or
 (v) a former exempt resident; or
 (vi) a family member of the exempt resident, or former exempt resident, at the time the exempt resident or former exempt resident arrived in Australia.
 (5) Expressions used in this section have the same meanings as in the Social Security Act 1991.