1.1.Q.35 Qualifying residence exemption (QRE)

Usage

This definition applies to all payments, where relevant (see below).

Definition

A QRE is a provision in the SSAct that exempts a person from having to meet the qualifying residence requirements and/or NARWP for a payment or concession card. The term QRE is defined in SSAct section 7(6) and section 7(6AA).

The categories of people who have a QRE vary from payment to payment.

Depending on the payment type (see below for details), a person has a QRE if they:

• reside in Australia and are a refugee or a former refugee as per section 7(6) of the SSAct, or
• hold a visa specified by the Ministerial Determination under section 7(6AA) of the SSAct (the specified visa subclass 852).

Note: Some payments are excluded from the QRE for refugees and former refugees under section 7(6). This is because there are separate provisions providing a NARWP exemption for these payments for people who are a refugee or a former refugee.

Note: Section 7(6AA) provides for a QRE for a family member of a refugee or former refugee for a number of social security payments. This QRE no longer applies in practice because all payments to which it applied no longer exist. However, family members of a refugee are exempt from the NARWP for all payments and concession cards that have a NARWP under separate provisions.

For further information on the NARWP and exemptions from the NARWP for refugees, former refugees and family members of a refugee, see 3.1.2.40, 3.1.2.43.

Refugees & former refugees

A person has a QRE for Age, DSP and PPP if the person:

• resides in Australia, and
• is either
  • a refugee, or
  • a former refugee.

A person is a refugee or former refugee if they are the holder or former holder of a permanent protection visa or visa specified under section 25 of the SSAct.

This QRE exempts the person from the 10-year qualifying residence requirement for Age and DSP and the 104-week qualifying residence requirement for PPS and PPP. Technically, it also exempts the person from the 208-week NARWP for PPS and PPP; however, this provision is redundant as there is a separate exemption from the NARWP for PPS and PPP for refugees and former refugees.

Note: This QRE previously applied to CP, YA, Austudy, JSP and SpB. However, since 1 January 2017, refugees and former refugees have a separate NARWP exemption for CP, YA, Austudy, JSP and SpB instead of a QRE.

For further information on the NARWP and exemptions from the NARWP for refugees and former refugees, see 3.1.2.40, 3.1.2.43.

Specified visas

Section 7(6AA)(f) provides that a person has a QRE for JSP, YA, Austudy, PPS, CP, CA, MOB, a HCC or a CSHC if the person is the holder or former holder of a visa determined in writing by the Minister under SSAct section 7(6AA)(f). The following visa subclasses are specified in this determination:

• subclass 852 - Referred Stay (Permanent).

This QRE exempts the person holding the subclass 852 visa from the NARWP for JSP, YA, Austudy, PPP, PPS, CP, CA, MOB, a HCC or a CSHC.

Note: From 1 January 2017, the following visas are no longer specified and holders of these visas no longer have a QRE unless a person was assessed as eligible for a QRE prior to 1 January 2017 and continues to receive a payment post 1 January 2017:

• subclass 100 - Spouse
• subclass 100 - Partner
• subclass 110 - Interdependency
• subclass 801 - Spouse
• subclass 801 - Partner
• subclass 814 - Interdependency.