2.4.3 NARWP for PLP

Summary

Migrants who are granted a permanent visa or a temporary partner visa on or after 1 January 2019 are required to serve a NARWP of 104 weeks before they can receive PLP. A NARWP also applies to claimants for certain social security payments, FTB Part A and farm household allowance.

There are a range of exemptions from the effect of the NARWP for PLP. These are detailed in this topic.

For more information on the NARWP for other payments, please refer to SS Guide 1.1.N.70, SS Guide 3.1.2.40 and FA Guide 2.2.1.10.

Act reference: PPLAct section 31A Newly arrived resident's waiting period

Application of the NARWP

A person is subject to a NARWP for PLP if on or after 1 January 2019 they:

become the holder of a visa determined by the Minister for the purposes of SSAct subparagraph 729(2)(f)(v) of the SSAct, or
become the holder of a permanent visa (with some exceptions - see below).

The NARWP for PLP does not apply to a person who:

becomes the holder of a specified Orphan Relative (subclass 117 or 837) or Remaining Relative (subclass 115 or 835) visa (or a kind of visa determined by the Minister), or
was the holder of a temporary Partner (Provisional) or Partner visa (subclass 309 or 820) at any time before 1 January 2019 before being granted a permanent visa.

A person is not eligible for PLP in respect of a day on which the NARWP applies. This means that a person is not able to receive PLP in respect of a child until they have completed the NARWP.

Generally, the NARWP must be completed prior to the birth of the child in order for a claimant to be eligible for PLP. If the person was subject to the NARWP on the date the baby was born, they are generally not eligible for PLP, unless a NARWP exemption applied on that day (see below for exemptions).

For PPL claimants in exceptional circumstances or their partner, and special PPL claimants in exceptional circumstances the NARWP must be completed prior to the day the claimant in exceptional circumstances became the primary carer of the child.

For information on the visa subclasses specified under SSAct subsection 729(2)(f)(v), please refer to SS Guide 3.7.1.10.

Act reference: PPLAct section 6-'permanent visa', section 31A(1) to (1B) When person subject to newly arrived resident's waiting period, section 31AA(2)(e)(ii) … if the day the child was born is in a newly arrived resident's waiting period …

Policy reference: PPL Guide Part 2 Eligibility for PLP, 1.1.A.120 Australian resident, 1.1.V.20 Visa

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

Exemptions from the NARWP

General exemptions

PLP claimants are exempt from the effect of the waiting period if they meet one of the following criteria - this means that they may still be eligible for PLP despite the NARWP applying in respect of the day if:

the person holds or was a former holder of a visa of a subclass included in a determination made by the Minister under SSAct subsection 739A(6) on that day
the person is a refugee, or a former refugee (within the meaning of SSAct subsection 7(6B)) on that day
the following apply
- the person was a family member of another person at the time the other person became a refugee, or
- the person is a family member of that other person on that day or, if that other person has died, the person was a family member of that other person immediately before that other person died
the person is an Australian citizen on that day, or
the person is residing in Australia and holds an SCV on that day or has held a SCV at any time before that day.

A person is not eligible for PLP for any days in the NARWP where an exemption does not apply.

For information on the visa subclasses specified under SSAct subsection 739A(6), please refer to SS Guide 3.7.1.20.

Receiving an income support payment exemption

In addition, the NARWP will not apply to PLP claimants in the circumstances outlined below where the person has been receiving an income support payment.

The NARWP will not apply to claimants for PLP for a flexible PPL day if:

on the day before the flexible PPL day the person was receiving
- a social security pension or social security benefit (within the meaning of the SSAct)
- farm household allowance (under the Farm Household Support Act 2014 (FHSAct)), or
- PLP for the child, and
the person was also receiving one of the above payments on the day of the child's birth.

Additionally, the NARWP will not apply to claimants for PLP for a period of flexible PPL days if:

the person has made a claim for a period of at least 10 consecutive flexible PPL days that consist only of weekdays, and
on the day before the start of that period the person was receiving:
- a social security pension or social security benefit (within the meaning of the SSAct)
- farm household allowance (under the FHSAct), or
- PLP for the child, and
the person was also receiving one of the above payments on the day of the child's birth.

The NARWP will not apply to the claimant for the period of flexible PPL days, including any weekend days in that period.

Example 1: Duong, Mai and their daughter, Phuong, are granted permanent visas under the Skilled stream in August 2023 and are subject to a 104 week NARWP for PLP. One year later, Duong becomes ill and is no longer able to work. Mai has also been working but has recently stopped as she is pregnant and nearing her due date. Duong and Mai have minimal savings and are in hardship. They both claim and are granted special benefit (SpB) as Duong's illness and inability to work constitute a substantial change in circumstances. Shortly after, Mai gives birth to their second child and claims 18 weeks of flexible PPL days on continuous weekdays. Mai is otherwise eligible for PLP and is receiving SpB on the day of the birth, and on the day before the first flexible PPL day claimed. Mai is exempt from the NARWP for PLP and can receive this payment for her second child.

Example 2: Ellen is granted a permanent skilled visa in September 2022. After arriving in Australia, she commences a relationship and becomes pregnant in September 2023. Ellen leaves the relationship after experiencing domestic violence. She claims SpB and is granted an exemption from the NARWP for SpB as this constitutes a substantial change in circumstances. Provided she meets the other eligibility requirements, Ellen will be able to claim PLP for a flexible PPL day if she is receiving SpB on the day of the child's birth, and either SpB or PLP on the day before the flexible PPL day.

Example 3: Maria has a baby on 1 August 2023. Maria and her partner Jack are serving a NARWP, but start receiving SpB on 15 August 2023 after Jack loses the job he had organised prior to coming to Australia. Maria and Jack apply for PLP on 25 August 2023 with an intention for Maria to take 12 weeks of flexible PPL from 25 August 2023 until 17 November 2023, and for Jack to take the remaining 8 weeks of flexible PPL. As neither Maria or Jack were receiving an income support payment on the day of the child's birth, neither are eligible for an exemption from the NARWP, and both are therefore not eligible for PLP.

Example 4: Angelique is granted a temporary partner visa in January 2022 and is subject to a NARWP. Her partner Phillippe is an Australian citizen. Phillippe loses his job in April 2023 and starts receiving jobseeker payment (JSP). Angelique claims and starts receiving SpB from 1 May 2023. Angelique is pregnant and has a baby on 1 August 2023. Angelique and Philippe apply for PLP on 26 August 2023 with an intention for Angelique to take a 12 weeks of flexible PLP from 26 August 2023 until 17 November 2023, and for Philippe to take the remaining 8 weeks of flexible PPL. Angelique started receiving SpB before the birth of her baby and continued to receive it up until the day before her first flexible PPL day. She is therefore exempt from the NARWP. Philippe is not subject to a NARWP as he is an Australian citizen. Both Angelique and Philippe will be able to receive PLP, if they meet all other requirements.

Example 5: Maria came to Australia on a permanent carer visa to look after her father in March 2022. Maria claims carer payment (CP) and is granted an exemption from the NARWP as a carer visa holder. Her partner Roberto, came to Australia on a permanent skilled nominated work visa in July 2022 to take up a job. The company Roberto works for goes into liquidation and Roberto loses his job unexpectedly on 1 July 2023. Roberto applies for and is granted SpB as the loss of his job constitutes a substantial change in circumstances which exempts him from the NARWP for SpB.

Maria gives birth to their first child on 2 August 2023. Roberto is caring for the child from the date of birth while Maria continues to care for her father. Roberto applies for PLP on 10 August 2023. Maria gives permission for Roberto to claim 18 weeks of flexible PPL. Roberto is exempt from the NARWP for PLP as he was receiving SpB on the day before his flexible PPL days as well as on the DOB of the child. Roberto is able to receive 18 weeks of PLP.

More information on individual exemption types is available in the SS Guide 3.1.2.43.

Act reference: PPLAct section 31A(6A) to (8) Newly arrived resident’s waiting period

Farm Household Support Act 2014

Transitional arrangements

The NARWP for PLP applies to people granted a permanent visa or relevant temporary visa on or after 1 January 2019. People who were granted a permanent visa or relevant temporary visa (under SSAct 729(2)(f)(v)) before 1 January 2019 are not required to serve a NARWP for PLP or DAPP. This applies even if they are granted a visa before 1 January 2019 but do not arrive in Australia until after 1 January 2019.

The NARWP for PLP does not apply to a person for a child who:

is born either before 1 January 2019 or in the 6 months from 1 January 2019 to 30 June 2019, or
becomes entrusted to the care of a person (as mentioned in subsection 275(2) of the PPLAct) either before 1 January 2019 or in the 6 months from 1 January 2019 to 30 June 2019.

Example 6: Austin and Sarah are granted permanent skilled visas on 5 January 2019. Sarah is pregnant and gives birth in May 2019. The NARWP for PLP does not apply for this child as it is born before 30 June 2019.

For more information on application provisions for other social security payments, please refer to SS Guide 3.1.2.40 and FA Guide 2.2.1.10.

For information on the visa subclasses specified under SSAct subsection 729(2)(f)(v), please refer to SS Guide 3.7.1.10.

Act reference: Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 Schedule 4 item 6 Application provision

PPLAct section 31A(6A) to (8) Newly arrived resident's waiting period

Duration of the NARWP

A NARWP for PLP is usually 104 weeks in duration. The length of a NARWP, how it is calculated and who it applies to depends on the date of a person's arrival in Australia and the benefit they apply for. Only time a visa holder is physically present in Australia will count towards the NARWP.

Example 7: Alison, who resides in Australia, was granted a permanent visa on 10 February 2019. Alison went to England to visit her parents for 4 weeks in April 2019. The time Alison is not physically in Australia will not be counted towards her 104 week NARWP for PLP. Alison will have to wait an additional 4 weeks (28 days) before she will have served her NARWP.

Act reference: PPLAct section 31A(2) to (4) Length of waiting period (PLP)

Date of commencement of the NARWP

Commencement of a NARWP after 1 January 2019:

Item	If the applicant …	then …
1	holds a visa that is in a class of visas determined by the Minister for the purposes of a NARWP for SpB (SSAct paragraph 739A(3)(b))	their NARWP starts on the day on which the person applied for that visa and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day. See Example 8.
2	previously held one or more visas in a class of visas determined by the Minister for the purposes of a NARWP for SpB (SSAct paragraph 739A(4)(b))	their NARWP starts on the day on which the person applied for the last of those visas and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day. See Example 8.
3	is subject to the NARWP in any other circumstance (and neither of the above points apply)	their NARWP begins on the later of the date the person arrived in Australia or the date the permanent visa was granted and ends when the person has been in Australia for a period of, or periods totalling, 104 weeks after that day. See Example 9.

Note: The specified visas in items 1 and 2 of the above table are temporary Partner visas: subclasses 309 and 820. From 1 January 2019, people who are granted one of these temporary partner visas are subject to a 104 week NARWP for PLP; however, the period on the temporary visa contributes to serving the NARWP if the person is subsequently granted a permanent visa. People granted a temporary partner visa before 1 January 2019 are not subject to a NARWP for PLP while they hold the temporary partner visa or if they are subsequently granted the permanent visa.

Example 8: On 6 March 2019, Andrew applies for temporary and permanent Partner visas (subclasses 820 and 801). On 14 June 2020, he is granted the temporary Partner visa (subclass 820) so he can continue to live with his partner Alice in Australia. Andrew will remain on the temporary Partner visa (subclass 820) while his application for the permanent Partner visa (subclass 801) is processed. While on the temporary visa, Andrew is not residentially qualified for most welfare payments, except SpB and family payments (including FTB and PLP); however, he must serve a NARWP before he can access these payments except for FTB Part B, which has no waiting period. The temporary Partner visa subclass 820 is a specified visa under paragraph 739A(3)(b) and paragraph 739A(4)(b) of the SSAct. This means the NARWP for SpB, FTB Part A and PLP begins from the date Andrew applied for the temporary Partner visa. The period Andrew spends in Australia following his application counts towards the NARWP for these payments, which will end on 6 March 2020 for FTB Part A, 6 March 2021 for PLP and 6 March 2023 for SpB, provided Andrew remains in Australia throughout this period. On 24 March 2022 Andrew is granted a permanent Partner visa (subclass 801). A 208 week NARWP will apply for most other welfare payments (for example, JSP) from the day he is granted the permanent visa. However, for SpB and family payments, the time Andrew has spent on the temporary Partner visa (subclass 820) will count towards the NARWP for his permanent Partner visa. Therefore, on the date Andrew is granted his permanent visa, he will have completed the NARWP for FTB Part A and PLP and have less than a year left to serve of the NARWP for SpB, and can then access these payments if eligible during the NARWP for other payments.

Example 9: Andie lives in Canada and is granted a permanent Regional Sponsored Migration Scheme visa (subclass 187) on 24 July 2019 after being nominated by an Australian employer for a job in regional Australia. She moves to Australia on 2 November 2019. Andie is subject to the NARWP. As Andie's visa was granted offshore, the NARWP starts once she comes to Australia. She must wait, from 2 November 2019, 52 weeks before she can receive FTB Part A, 104 weeks for PLP and 208 weeks for most other income support payments (unless she meets the qualification for an exemption to the NARWP).