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.R.210 Residence requirements

Usage

This definition applies to all payments.

Definition

A person must meet specific residence (1.1.R.200) requirements or residence qualifications to qualify for a payment under the SSAct.

Residence requirements differ from payment to payment and can depend on the:

person's residence status with the Department of Home Affairs
person having certain minimum periods as an Australian resident
person having the legal right to remain in Australia (1.1.A.320) permanently
person's ties with their former country and Australia, AND
existence of certain conditions prior to entering Australia.

Residence requirements should always be considered in the context of the payment in question.

All payments have a section in SSAct Chapter 2 included in their part that deal with residence qualifications.

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

Policy reference: SS Guide 3.1.1 Residence requirements

Last reviewed: 20 March 2024

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