The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.A.110 Australian residency test

Definition

To be eligible for PLP or DAPP a claimant must meet the 'Australian residency test'.

A person satisfies the Australian residency test on a day if on that day they are:

  • an Australian resident (1.1.A.120), or
  • an SCV holder residing in Australia, or
  • the holder of a visa determined by the Minister for the purposes of SSAct subparagraph 729(2)(f)(v), and either
    • the person is in Australia, or
    • the person is temporarily absent (1.1.A.10) from Australia for not more than 6 weeks and the absence is an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.

Note: From 1 January 2019, a NARWP applies to PLP and DAPP. There are a number of exemptions from the NARWP for PLP and DAPP, and situations where a NARWP does not apply (2.2.4.30).

Act reference: PPLAct section 31A Newly arrived resident's waiting period (PLP), section 115CBA Newly arrived resident's waiting period (DAPP), section 45 When a person satisfies the Australian residency test, section 46 Effect of absence from Australia on Australian residency test

Policy reference: PPL Guide 1.1.A.10 Absence from Australia, 2.2.4 PPL scheme Australian residency test & absences from Australia for PLP, 2.2.4.30 NARWP for PLP & DAPP

Last reviewed: