3.1.2.46 NARWP Saving Provisions for New Zealand Citizens

Summary

On 26 February 2001 the definition of Australian resident was changed to remove most SCV holders arriving in Australia after that date. This means that a New Zealand citizen can count previous periods of Australian residence as an SCV holder before 26 February 2001 towards the 104-week NARWP. However, a New Zealand citizen who has some residence in Australia, but is not a 'protected SCV holder' (e.g. because he or she was not residing in Australia on 26 February 2001), must obtain a permanent visa in order to formalise his or her residence status, and is required to serve the remaining NARWP for social security payments.

Example: A New Zealand citizen became an Australian resident on 1 March 2000, and ceased to be an Australian resident on 1 September 2000. The New Zealand citizen returns to Australia on 1 June 2001, followed by grant of a permanent visa on 1 December 2001. The recipient would be subject to a further 18 months of the NARWP from 1 December 2001. The NARWP would be reduced by their previous period as an Australian resident from 1 March 2000 to 1 September 2000.

Note: A person must meet the basic residence requirements for payment, before the NARWP is considered.

Act reference: SSAct section 7(2) An Australian resident is a person who…

Policy reference: SS Guide 3.1.1.10 Residence requirements

Last reviewed: 20 March 2017