18.104.22.168 Payability of PES
Even though a recipient is qualified, PES may not be payable to the recipient in the circumstances listed in the following table. If more detail about the circumstance is required, the second column indicates where you will find this.
PES is NOT payable
This topic and
22.214.171.124 Newly Arrived Resident's Waiting Period (NARWP)
Before the start day.
8.3 Start Days
The following general payability provisions:
3.1.6 General Payability Provisions
Act reference: SSAct section 1061PT PES not payable during NARWP, section 1061PU Newly arrived resident's waiting period, section 1061PV Length of NARWP
From 1 January 2019 changes were made to the NARWP for PES. A person who is granted a permanent visa on or after 1 January 2019 is subject to a 208 week NARWP for PES. A person who was a holder of a permanent visa before 1 January 2019 is subject to a 104 week NARWP for PES.
Note: Different payments have different NARWP periods. The length of the waiting period depends on a person's situation and payment type. A person who has fully served a NARWP for one payment may still be serving a NARWP for other payments. Refer to specific payment guide topics for individual rules.
Exemptions for the NARWP
There are a number of exemptions from the NARWP for PES, and situations where a NARWP does not apply (see 126.96.36.199 for details). These include:
- Australian citizens
- refugee, former refugee or a family member of a refugee.
Example: Yana came to Australia, with her daughter Abla, as a refugee in 2018. As she has not been in Australia for more than 4 years, Yana would have to serve the NARWP for most income support payments and concession cards. However, because she is a refugee under SSAct section 7(6AA), Anna is exempt from the NARWP for all payments and concession cards. She has immediate access to PPS and therefore PES (SSAct section 1061PU(3)) as long as she meets all other eligibility requirements.
Act reference: SSAct section 1061PU Newly arrived resident's waiting period, section 7(6) A person has a qualifying residence exemption
Multiple entitlement exclusion
PES is not payable to a recipient who is already receiving a PES under the ABSTUDY scheme.
Act reference: SSAct section 1061PW Meaning of multiple entitlement exclusion
Income & assets testing
PES is not subject to any specific income or assets testing.
Explanation: The recipient cannot qualify for PES unless they are already receiving a PES qualifying income support payment. That payment MAY be income and assets tested.
Note: If the PES qualifying income support recipient loses payment because of ordinary income (1.1.O.30) made up entirely or partly of employment income, they remain qualified to be paid PES during the employment income nil rate period.