126.96.36.199 Australian residency test for DAPP
PPLAct section 45 (with reference to section 115CK) prescribes the circumstances in which a person satisfies the Australian residency test for DAPP purposes.
The residency conditions that apply under PPL law are similar to those that apply under family assistance law. In order to be eligible for DAPP, the claimant must meet the Australian residency test (1.1.A.110). This means a DAPP claimant must be:
- an Australian resident (as defined in SSAct section 7(2)), i.e.:
- an Australian citizen, or
- the holder of a permanent visa, or
- an SCV holder (as defined in the Migration Act 1958, section 32) who is a protected SCV holder, or
- an SCV holder who is 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 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.
A person who is the holder of a temporary visa made under SSAct section 729(2)(f)(v) may be eligible for DAPP for a temporary absence, and only if the absence from Australia is for one of the following reasons:
- to attend an acute family crisis, for example to visit a family member who is critically ill,
- for humanitarian reasons, for example to adopt a child or attend custody proceedings, or
- to receive eligible medical treatment that is not available in Australia.
If a DAPP recipient who is the holder of a temporary visa made under SSAct section 729(2)(f)(v) departs Australia for a reason not listed above, their payment will stop on the day that they leave Australia and cannot restart when they return to Australia.
Act reference: PPLAct Part 2-3 Division 5 The Australian residency test, section 45 When a person satisfies the Australian residency test
SSAct section 7(2) An Australian resident is a person who…, section 729(2)(f)(v) …is the holder of a visa that is in a class… (SpB)
Residency & DAPP
To remain eligible for DAPP, a claimant must meet the above residency test during their DAPP period.
For pre-birth and post-birth claims, the claimant does not need to meet the Australian residency test from the time they lodge their claim. However, they must meet the residency test from the date they nominate as the start of their DAPP period (1.1.D.30), to the end of their DAPP period in order to be eligible for payments.
Act reference: PPLAct section 115CBA Newly arrived residents waiting period, section 115CK When a DAPP claimant satisfies the Australian residency test, section 45 When a person satisfies the Australian residency test
Migration Act 1958 section 32 Special category visas