3.1.2.43 Exemptions for the NARWP

Introduction

There are a number of exemptions to the NARWP for certain visa holders or people receiving certain payments. Details of these exemptions are in this topic.

Temporary Humanitarian visa exemption

A person is exempt from the NARWP for SpB, LIC, CSHC, FTB, PLP and DAPP if they hold or are a former holder of a visa of a subclass included in a determination made by the Minister under SSAct subsection 739A(6):

  • subclass 449 - Humanitarian Stay (Temporary)
  • subclass 785 - Temporary Protection
  • subclass 786 - Temporary (Humanitarian Concern)
  • subclass 790 - Safe Haven Enterprise
  • CJSV (9.2.14) - issued specifically for the purpose of assisting in the administration of criminal justice in relation to an offence of trafficking in persons, slavery or slavery-like practices
  • subclass 060 - Bridging F, and
  • subclass 070 - Bridging (Removal Pending).

This exemption only applies to the NARWP for SpB, LIC, CSHC, FTB, PLP and DAPP as these temporary visa holders are not eligible for other payments or concession cards.

More information on this exemption is within 3.7.1.20, FA Guide 2.2.1.10 and PPL Guide 2.2.4.30.

Act reference: SSAct section 739A(6) Neither subsection (1) nor (2) applies to a person … (SpB), section 1061ZQ(2) Subsection (1) does not apply to a person … (LIC)

FAAct section 61AA(6) Subsection (1) does not apply to an individual … (FTB)

PPLAct section 31A(7) Subsection 31(6) does not apply to a person … (PLP), section 115CBA(6) Subsection 115CB(9) does not apply to a person … (DAPP)

Refugee, former refugee or family member of a refugee exemption

A person is exempt from the NARWP if they are a refugee or former refugee at the time of claim. A refugee, for the purposes of social security entitlements, is a person who has been granted a visa (1.1.V.40) under the Department of Home Affairs' humanitarian program.

People who hold a QRE when they claim payment are exempt from the NARWP for all payments and concession cards.

A person has a QRE if they:

  • reside in Australia and are a refugee or a former refugee
  • are a family member of a refugee at time of claim and were a family member of the refugee at the time they became a refugee, or
  • hold a visa specified by the Ministerial Determination under section 7(6AA) of the SSAct - the specified visa subclass 852.

More information on this exemption is within 1.1.Q.35.

Act reference: SSAct section 201AA(5A) Subsection (1) does not apply to a person … (CP), section 322(3) Subsection (1) does not apply to a person … (BVA), section 500X(4) Subsection (1) does not apply to a person … (PP), section 549D(7) Subsection (1) does not apply to a person … (YA), section 575D(3) Subsection (1) does not apply to a person … (Austudy), section 623A(8) Subsection (1) does not apply to a person … (NSA), section 696B(3) Subsection (1) does not apply to a person … (SA), section 739A(8) Neither subsection (1) nor (2) applies to a person … (SpB), section 966(5) Subsection (1) does not apply to a person … (CA), section 1039AA(5) Subsection (1) does not apply to a person … (MOB), section 1061ZQ(3) Subsection (1) does not apply to a person … (LIC), section 1061ZH(3) Subsection (1) does not apply to a person … (CSHC), section 1061PU(3) Subsection (1) does not apply to a person … (PES)

FAAct section 61AA(8) Subsection (1) does not apply to an individual … (FTB)

PPLAct section 31A(7A) Subsection 31(6) does not apply to a person … (PLP), section 115CBA(7) Subsection 115CB(9) does not apply to a person … (DAPP)

Policy reference: SS Guide 1.1.Q.35 Qualifying residence exemption (QRE), 1.1.R.110 Refugee

Family member for the purpose of exemption from the NARWP

'Family member' includes the following categories of people in accordance with SSAct subsection 7(6D):

  • partner
  • dependent child, or
  • another person, who in the opinion of the Secretary, should be treated for the purposes of this definition as a family member.

Act reference: SSAct section 201AA(5A) Subsection (1) does not apply to a person … (CP), section 322(3) Subsection (1) does not apply to a person … (BVA), section 500X(4) Subsection (1) does not apply to a person … (PP), section 549D(7) Subsection (1) does not apply to a person … (YA), section 575D(3) Subsection (1) does not apply to a person … (Austudy), section 623A(8) Subsection (1) does not apply to a person … (NSA), section 696B(3) Subsection (1) does not apply to a person … (SA), section 739A(8) Neither subsection (1) nor (2) applies to a person … (SpB), section 966(5) Subsection (1) does not apply to a person … (CA), section 1039AA(5) Subsection (1) does not apply to a person … (MOB), section 1061ZQ(3) Subsection (1) does not apply to a person … (LIC), section 1061ZH(3) Subsection (1) does not apply to a person … (CSHC), section 1061PU(3) Subsection (1) does not apply to a person … (PES)

FAAct section 61AA(8) Subsection (1) does not apply to an individual … (FTB)

PPLAct section 31A(7A) Subsection 31(6) does not apply to a person … (PLP), section 115CBA(7) Subsection 115CB(9) does not apply to a person … (DAPP)

Policy reference: SS Guide 3.1.2.40 Newly arrived resident's waiting period (NARWP)

Orphan relative & remaining relative visas

People are not subject to a NARWP for CA, FTB Part A, PLP and DAPP if they hold an Orphan Relative (subclass 117 or 837) or a Remaining Relative (subclass 115 or 835) visa, irrespective of when the visa is granted. These visa holders are subject to a 104 week NARWP for certain working age payments such as NSA.

Act reference: FAAct section 61AA(2) Subject to this section, an individual is subject … (FTB)

PPLAct section 31A(1) Subject to this section, a person is subject … (PLP), section 115CBA(1) Subject to this section, a person is subject … (DAPP)

Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 Schedule 1 item 21 Application provisions, Schedule 1 item 32 Application provision

Australian citizen exemption

People who hold Australian citizenship when they claim payment are exempt from the NARWP for all payments and concession cards.

More information on this exemption is within 3.1.2.70.

Act reference: SSAct section 201AA(5A) Subsection (1) does not apply to a person … (CP), section 322(3) Subsection (1) does not apply to a person … (BVA), section 500X(4) Subsection (1) does not apply to a person … (PP), section 549D(7) Subsection (1) does not apply to a person … (YA), section 575D(3) Subsection (1) does not apply to a person … (Austudy), section 623A(8) Subsection (1) does not apply to a person … (NSA), section 696B(3) Subsection (1) does not apply to a person … (SA), section 739A(8) Neither subsection (1) nor (2) applies to a person … (SpB), section 966(5) Subsection (1) does not apply to a person … (CA), section 1039AA(5) Subsection (1) does not apply to a person … (MOB), section 1061ZQ(3) Subsection (1) does not apply to a person … (LIC), section 1061ZH(3) Subsection (1) does not apply to a person … (CSHC), section 1061PU(3) Subsection (1) does not apply to a person … (PES)

FAAct section 61AA(8) Subsection (1) does not apply to an individual … (FTB)

PPLAct section 31A(7A) Subsection 31(6) does not apply to a person … (PLP), section 115CBA(7) Subsection 115CB(9) does not apply to a person … (DAPP)

SpB - substantial change in circumstance exemption

People are exempt from the NARWP for SpB and LIC if they have experienced a substantial change in circumstance beyond their control since the start of the NARWP, and are in financial hardship.

Act reference: SSAct section 739A(7) Neither subsection (1) nor (2) applies to a person … (SpB), section 1061ZQ(2) Subsection (1) does not apply to a person … (LIC)

Policy reference: SS Guide 3.7.2.20 Substantial Change in Circumstances for SpB, 3.9.1.20 Qualification for LIC

CP & CA exemptions

People are exempt from the NARWP for CP if they hold one of the following visas (noting these visas are closed to new applicants):

  • subclass 104 - Preferential Family, as a 'carer'
  • subclass 806 - Family, as a 'carer'.

People are exempt from the NARWP for CP and CA if they hold a visa of a class included in a determination made by the Minister under SSAct subsection 201AA(5B). Current specified visas are:

  • subclass 116 - Carer
  • subclass 836 - Carer.

More information on these exemptions are within guide topics 3.6.7.100 and 3.6.4.90.

Act reference: SSAct section 201AA(5B) The Minister may, by legislative instrument … (CP), section 966(3) Subsection (1) does not apply to a person … (CA)

LIC exemption - FTB child

From 1 January 2019, people who have an FTB child are exempt from the NARWP for a LIC. A person does not have to be receiving FTB to qualify for this exemptions.

More information on exemptions to family payments are in the FA Guide 2.2.1.10 and PPL Guide 2.2.4.30.

Act reference: SSAct section 1061ZQ(2) Subsection (1) does not apply to a person … (LIC)

FAAct section 3(1)-'FTB Child'

Policy reference: FA Guide 2.1.1.10 FTB child

SCV exemption

SCV holders, or former SCV holders, are not required to serve the NARWP for FTB Part A, PLP and DAPP.

More information on exemptions to family payments are in the FA Guide 2.2.1.10 and PPL Guide 2.2.4.30.

Act reference: FAAct section 61AA(8) Subsection (1) does not apply to an individual … (FTB)

PPLAct section 31A(7A) Subsection 31(6) does not apply to a person … (PLP), section 115CBA(7) Subsection does not apply to a person … (DAPP)

Principal carer/lone parent exemption from NARWP

A person is exempt from the NARWP if the person:

  • is the principal carer of one or more children
  • is not a member of a couple, and
  • at the start of the person's current period of Australian residence, the person was not a lone parent.

This rule is similar to the exception provided to qualifying residence period for PP when, following their Australian residency, they become single.

The following definitions of 'current period as an Australian resident' and 'lone parent' are relevant for PP, YA (job seeker) and NSA:

  • A 'current period as an Australian resident' is where a person has been an Australian resident for an entire period and the person lodged a claim for YA (job seeker), NSA or PP during the period.
  • A 'lone parent' is a person who is not a member of a couple and who has a dependent child.

Act reference: SSAct section 500X(3) Subsection (1) does not apply to a person … (PP), section 623A(7) Subsection (1) does not apply to a person … (NSA), section 549D(6) Subsection (1) does not apply to a person … (YA)

Policy reference: SS Guide 1.1.N.70 Newly arrived resident's waiting period (NARWP)

FA Guide 2.2.1.10 NARWP for FTB Part A

PPL Guide 2.2.4.30 NARWP for PLP & DAPP

Receiving an income support payment exemption

From 1 January 2019, people who are receiving a social security pension, social security benefit, paid parental leave (PPL) or farm household allowance (e.g. because they are exempt from the NARWP or other qualifying residency requirements) are exempt from NARWP for CA.

A person who is receiving one of the following may also be exempt from the NARWP for FTB Part A, PLP and DAPP:

  • a social security pension (within the meaning of the SSAct)
  • a social security benefit (within the meaning of the SSAct)
  • farm household allowance (under the Farm Household Support Act 2014), or
  • PPL or DAPP (under the PPLAct) for FTB Part A only.

More information on this exemption is within the FA Guide 2.2.1.10 and PPL Guide 2.2.4.30.

Act reference: SSAct section 966(4) Subsection (1) does not apply to a person … (CA)

FAAct section 61AA(7) Subsection (1) does not apply to an individual … (FTB)

PPLAct section 31A(5) Subsection (1) does not apply to a person … (PLP), section 115CBA(5) Subsection (1) does not apply to a person … (DAPP)

Last reviewed: 6 May 2019