2.2.4.30 NARWP for PLP & DAPP

Summary

As of 1 January 2019, migrants no longer have immediate access to PLP or DAPP when they permanently settle in Australia (1.1.A.80).

Migrants who are granted a permanent visa or a temporary partner visa on or after 1 January 2019 are required to serve a NARWP of 104 weeks before they can receive PLP or DAPP. A NARWP also applies to claimants for certain social security payments, FTB Part A and farm household allowance.

There are a range of exemptions from the effect of the NARWP for PLP and DAPP. These are detailed in this topic.

For more information on the NARWP for other payments, please refer to SS Guide 1.1.N.70, SS Guide 3.1.2.40 and FA Guide 2.2.1.10.

Act reference: PPLAct section 31A Newly arrived resident's waiting period (PLP), section 115CBA Newly Arrived Resident's Waiting Period (DAPP)

Application of the NARWP

A person is subject to a NARWP for PLP and DAPP if on or after 1 January 2019 they:

  • become the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the SSAct, or
  • become the holder of a permanent visa (with some exceptions - see below).

The NARWP for PLP or DAPP does not apply to a person who:

  • becomes the holder of a specified Orphan Relative (subclass 117 and 837) or Remaining Relative (subclass 115 and 835) visa (or a kind of visa determined by the Minister), or
  • was the holder of a temporary Partner (Provisional) or Partner visa (subclass 309 and 820) at any time before 1 January 2019 before being granted a permanent visa.

A person is not eligible for PLP or DAPP in respect of a day on which the NARWP applies. This means that a person is not able to receive PLP or DAPP in respect of a child until they have completed the NARWP.

For primary PLP claimants, the NARWP must be completed prior to the birth of the child in order to be eligible. However, for DAPP claimants and subsequent PLP claimants, the claimant must not be serving a NARWP in order to be paid, provided all other requirements are met. This means the DAPP and non-primary PLP claimants may be able to receive payment if a child was born during their NARWP, provided they complete the NARWP before the start of their PPL or DAPP period and still meet all other requirements.

Note: Both primary and secondary claimants must meet eligibility requirements in order for PLP to be transferred from a primary claimant to a secondary claimant. This means that if the primary claimant is subject to the NARWP when the baby is born, PLP cannot be transferred to the secondary claimant, even if the secondary claimant is not subject to the NARWP or has already completed the NARWP.

For information on the visa subclasses specified under SSAct subsection 729(2)(f)(v), please refer to SS Guide 3.7.1.10.

Act reference: PPLAct section 6-'permanent visa', section 15(3)(a)(iii) …is, if the day the child was born is in a newly arrived resident's waiting period… (PLP), section 31A(1) to section 31A(1B) When person subject to newly arrived resident's waiting period (PLP), section 115CBA(1) to section 115CBA(1B) When person subject to newly arrived resident's waiting period (DAPP)

Policy reference: PPL Guide Part 2 Eligibility for PLP & DAPP, 1.1.A.120 Australian resident, 1.1.V.20 Visa

SS Guide 3.1.2.40 Newly Arrived Resident's Waiting Period (NARWP)

Exemptions from the NARWP

General exemptions

PLP and DAPP claimants are exempt from the effect of the waiting period if they meet one of the following criteria - this means that they may still be eligible for PLP or DAPP despite the NARWP applying in respect of a day:

  • the person holds or was a former holder of a visa of a subclass included in a determination made by the Minister under SSAct subsection 739A(6) on that day, or
  • the person is a refugee, or a former refugee (within the meaning of SSAct subsection 7(6B)) on the 'assessment day', or
  • the following apply:
    • the person was a family member of another person at the time the other person became a refugee before the assessment day, or
    • 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
  • the person is an Australian citizen on the assessment day, or
  • the person is residing in Australia on the assessment day and has held a SCV at any time before the assessment day.

The assessment day has flexible application, and can apply to any day on which eligibility for PLP or DAPP is being established. A person is not eligible for PLP or DAPP for any days where an exemption does not apply.

For PLP, this means that if being payable is dependent upon eligibility being established for a range of days in a NARWP, an exemption would need to apply for all those days. Once the PPL period has started, eligibility would cease if the exemption does not apply on any day.

For DAPP, this means a NARWP may apply for days prior to an exemption applying. This means DAPP is not payable for days prior to the exemption applying, but can be paid once the exemption exists and while the person continues to meet the condition for the exemption.

Receiving an income support payment exemption

In addition, the NARWP will not apply to PLP and DAPP claimants if:

  • on the day before the day that would be the start of the person's PPL or DAPP period if a payability decision were made, the person was receiving:
    • a social security pension or social security benefit (within the meaning of the SSAct), or
    • farm household allowance (under the Farm Household Support Act 2014), and
  • if the person is the primary claimant for PLP, the person was also receiving one of the above payments on the day of the child's birth and on each day after the child's birth up to the day before the start of the person's PPL period, or
  • if the person is a secondary claimant for PLP who has a payability determination made under section 15, which allows the full amount of parental leave pay to be paid to the secondary claimant, the person meets the criteria outlined in the PPL Rules.

Note: A person who is exempt from the NARWP must still meet other eligibility and payability criteria in order to receive PLP and DAPP.

Example 1: Duong, Mai and their daughter, Phuong, are granted permanent visas under the Skilled stream in January 2019 and are subject to a 104 week NARWP for PLP and DAPP. One year later, Duong becomes ill and is no longer able to work. Mai has also been working but has recently stopped as she is pregnant and nearing her due date. Duong and Mai have minimal savings and are in hardship. They both claim and are granted special benefit (SpB) as Duong's illness and inability to work constitute a substantial change in circumstances. Shortly after, Mai gives birth to their second child. Mai is otherwise eligible for PLP and is receiving SpB on the day of the birth, and on each day from the day of the birth until the start of her PPL period. Mai is exempt from the NARWP for PLP and can receive this payment for her second child.

Example 2: Ellen is granted a permanent skilled visa in January 2019. After arriving in Australia, she commences a relationship and becomes pregnant in December 2019. Ellen leaves the relationship after experiencing domestic violence. She claims SpB and is granted an exemption from the NARWP for SpB as this constitutes a substantial change in circumstances. Provided she meets the other eligibility requirements, Ellen will be able to claim PLP if she is still receiving SpB on the day of the child's birth and on each day up to the start of her PPL period.

Example 3: Maria has a baby on 1 March 2020. Maria and her partner Jack are serving a NARWP, but start receiving SpB on 15 March 2020 after Jack loses the job he had organised prior to coming to Australia. Maria and Jack apply for PLP on 26 March 2020 with an intention for Maria to take 12 weeks of PLP from 26 March 2020 until 18 June 2020, and for Jack to take the remaining 6 weeks of PLP. As Maria was not receiving an income support payment on the day of the child's birth and on each day after that up to the start of her PPL period she is not eligible for an exemption from the NARWP, and is therefore not eligible for PLP. As Maria is not eligible for PLP, she cannot transfer the entitlement to Jack as a secondary claimant.

Example 4: Angelique is granted a temporary partner visa in January 2019 and is subject to a NARWP. Her partner Phillippe is an Australian citizen. Phillippe loses his job in January 2020 and starts receiving newstart allowance (NSA). Angelique claims and starts receiving SpB from 1 February 2020. Angelique is pregnant and has a baby on 1 March 2020. Angelique and Philippe apply for PLP on 26 March 2020 with an intention for Angelique to take 12 weeks of PLP from 26 March 2020 until 18 June 2020, and for Philippe to take the remaining 6 weeks of PLP. Angelique started receiving SpB before the birth of her baby and continued to receive it up until the start of her PPL period. She is therefore exempt from the NARWP. Philippe, as the secondary claimant must also be eligible for PLP on each day of his PPL period. Philippe is exempt from effect of the NARWP on each day in his PPL period as he is an Australian citizen. Both Angelique and Philippe will be able to receive PLP, if they meet all other requirements.

More information on individual exemption types is available in the SS Guide 3.1.2.43.

Act reference: PPLAct section 31A(5) to section 31A(8) Exemptions (PLP), section 115CBA(5) to section 115CBA(8) Exemptions (DAPP)

Application provisions/transitional arrangements

The NARWP for PLP and DAPP applies to people granted a permanent visa or relevant temporary visa on or after 1 January 2019. People who were granted a permanent visa or relevant temporary visa (under SSAct 729(2)(f)(v)) before 1 January 2019 are not required to serve a NARWP for PLP or DAPP. This applies even if they are granted a visa before 1 January 2019 but do not arrive in Australia until after 1 January 2019.

The NARWP for PLP or DAPP does not apply to a person for a child who:

  • is born either before 1 January 2019 or in the 6 months from 1 January 2019 to 30 June 2019, or
  • becomes entrusted to the care of a person (as mentioned in subsection 275(2) of the PPLAct) either before 1 January 2019 or in the 6 months from 1 January 2019 to 30 June 2019.

Example 5: Austin and Sarah are granted permanent skilled visas on 5 January 2019. Sarah is pregnant and gives birth in May 2019. The NARWP for PLP and DAPP does not apply for this child as it is born before 30 June 2019.

Holders of certain temporary visas continue to be exempt from the NARWP for PLP and DAPP, even if they are subsequently granted a permanent visa on or after 1 January 2019.

This includes people who are:

  • former holders of an SCV, or
  • former holders of a visa of a subclass included in a determination made by the Minister under SSAct subsection 739A(6) (the current determination includes temporary protection visas, safe haven enterprise visas and certain other temporary humanitarian type visas).

For more information on application provisions for other social security payments, please refer to SS Guide 3.1.2.40 and FA Guide 2.2.1.10.

For information on the visa subclasses specified under SSAct subsection 739A(6), please refer to SS Guide 3.7.1.20.

Act reference: Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 Schedule 4 item 6 Application provision

PPLAct section 31A(5) to section 31A(8) Exemptions (PLP), section 115CBA(5) to section 115CBA(8) Exemptions (DAPP)

Duration of the NARWP

A NARWP for PLP or DAPP is usually 104 weeks in duration. The length of a NARWP, how it is calculated and who it applies to depends on the date of a person's arrival in Australia and the benefit they apply for. Only time a visa holder is physically present in Australia will count towards the NARWP.

Example 6: Alison, who resides in Australia, was granted a permanent visa on 10 February 2019. Alison went to England to visit her parents for 4 weeks in April 2019. The time Alison is not physically in Australia will not be counted towards her 104 week NARWP for PLP and DAPP. Alison will have to wait an additional 4 weeks (28 days) before she will have served her NARWP.

Act reference: PPLAct section 31A(2) to section 31A(4) Length of waiting period (PLP), section 115CBA(2) to section 115CBA(4) Length of waiting period (DAPP)

Date of commencement of the NARWP

Commencement of a NARWP after 1 January 2019:

Item If the applicant… Then…
1 holds a visa that is in a class of visas determined by the Minister for the purposes of a NARWP for SpB (SSAct paragraph 739A(3)(b)), their NARWP starts on the day on which the person applied for that visa and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
See Example 7.
2 previously held one or more visas in a class of visas determined by the Minister for the purposes of a NARWP for SpB (SSAct paragraph 739A(4)(b)), their NARWP starts on the day on which the person applied for the last of those visas and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
See Example 7.
3 is subject to the NARWP in any other circumstance (and neither of the above points apply), their NARWP begins on the later of the date the person arrived in Australia or the date the permanent visa was granted and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day.
See Example 8.

Note: The specified visas in items 1 and 2 of the above table are temporary partner visas: subclasses 309 and 820. From 1 January 2019, people who are granted one of these temporary partner visas are subject to a 104 week NARWP for PLP and DAPP; however, the period on the temporary visa contributes to serving the NARWP if the person is subsequently granted a permanent visa. People granted a temporary partner visa before 1 January 2019 are not subject to a NARWP for PLP or DAPP while they hold the temporary partner visa or if they are subsequently granted the permanent visa.

Example 7: On 6 March 2019, Andrew applies for temporary and permanent Partner visas (subclasses 820 and 801). On 14 June 2020, he is granted the temporary Partner visa (subclass 820) so he can continue to live with his partner Alice in Australia. Andrew will remain on the temporary Partner visa (subclass 820) while his application for the permanent Partner visa (subclass 801) is processed. While on the temporary visa, Andrew is not residentially qualified for most welfare payments, except SpB and family payments (including FTB, PLP and DAPP); however, he must serve a NARWP before he can access these payments except for FTB Part B, which has no waiting period. The temporary Partner visa subclass 820 is a specified visa under paragraph 739A(3)(b) and 739A(4)(b) of the SSAct. This means the NARWP for SpB, FTB Part A, PLP and DAPP begins from the date Andrew applied for the temporary Partner visa. The period Andrew spends in Australia following his application counts towards the NARWP for these payments, which will end on 6 March 2020 for FTB Part A, 6 March 2021 for PLP and DAPP and 6 March 2023 for SpB, provided Andrew remains in Australia throughout this period. On 24 March 2022 Andrew is granted a permanent Partner visa (subclass 801). A 208 week NARWP will apply for most other welfare payments (e.g. NSA) from the day he is granted the permanent visa. However, for SpB and family payments, the time Andrew has spent on the temporary Partner visa (subclass 820) will count towards the NARWP for his permanent Partner visa. Therefore, on the date Andrew is granted his permanent visa, he will have completed the NARWP for FTB Part A, PLP and DAPP and have less than a year left to serve of the NARWP for SpB, and can then access these payments if eligible during the NARWP for other payments.

Example 8: Andie lives in Canada and is granted a permanent Regional Sponsored Migration Scheme visa (subclass 187) on 24 July 2019 after being nominated by an Australian employer for a job in regional Australia. She moves to Australia on 2 November 2019. Andie is subject to the NARWP. As Andie's visa was granted offshore, the NARWP starts once she comes to Australia. She must wait, from 2 November 2019, 52 weeks before she can receive FTB Part A, 204 weeks for PLP and DAPP and 208 weeks for most other income support payments (unless she meets the qualification for an exemption to the NARWP).

Act reference: PPLAct section 31A(2) to section 31A(4) Length of waiting period (PLP), section 115CBA(2) to section 115CBA(4) Length of waiting period (DAPP)

SSAct section 739A(3)(b) …before, on or after the commencement of this subsection…, section 739A(4)(b) …before, on or after the commencement of this subsection…

Policy reference: PPL Guide 1.1.A.120 Australian resident, 1.1.V.20 Visa

Last reviewed: 2 January 2019