3.1.2.43 Exemptions from the NARWP

Introduction

There are a number of exemptions from the NARWP for certain visa holders or people receiving certain payments. Details of the following exemptions are in this topic.

If a person … NARWP exemption applies to … Further details
is the holder, or former holder, of a specified temporary humanitarian visa SpB, LIC, FTB Part A, PLP, DAPP. This topic – Temporary Humanitarian visa exemption
is a refugee or former refugee all payments and concession cards. This topic – Refugee, or former refugee exemption
is a family member of a refugee all payments and concession cards. This topic – Family member of a refugee exemption

See also 1.1.F.60.

is the holder of an Orphan Relative or Remaining Relative visa CA, FTB Part A, PLP and DAPP. This topic – Orphan relative & remaining relative visa exemption
is an Australian citizen all payments and concession cards. This topic – Australian citizen exemption
has experienced a substantial change in circumstance beyond their control since the start of the NARWP SpB, LIC. This topic – SpB - substantial change in circumstance exemption

See also 3.7.2.20, 3.9.1.20.

is the holder of a specified Carer visa CP, CA. This topic – CP & CA exemptions
has an FTB child LIC. This topic – LIC exemption - FTB child
is the holder, or former holder, of an SCV FTB Part A, PLP, DAPP. This topic – SCV exemption
became a lone parent while an Australian resident PP, JSP, YA. This topic – Principal carer/lone parent exemption
is receiving an income support payment CA, FTB Part A, PLP, DAPP. This topic – Receiving an income support payment exemption

Note: Previously there was an exemption from the NARWP for SpB for family members of an Australian citizen or permanent resident. From 1 January 2012, this exemption ceased to apply to holders of the temporary 309 and 820 Spouse/Partner visa or temporary 310 and 826 Interdependency visa. From 1 January 2017, the exemption ceased to apply to permanent 100, 110, 801, 814 Spouse/Partner visa holders. As such, this exemption no longer exists.

Temporary Humanitarian visa exemption

A person is exempt from the NARWP for SpB, LIC, FTB, PLP and DAPP if they hold or are a former holder of a visa of a subclass included in a determination made by the Minister under SSAct subsection 739A(6):

  • subclass 449 - Humanitarian Stay (Temporary)
  • subclass 785 - Temporary Protection
  • subclass 786 - Temporary (Humanitarian Concern)
  • subclass 790 - Safe Haven Enterprise
  • CJSV (9.2.14) - issued specifically for the purpose of assisting in the administration of criminal justice in relation to an offence of trafficking in persons, slavery or slavery-like practices
  • subclass 060 - Bridging F, and
  • subclass 070 - Bridging (Removal Pending).

Note: This exemption only applies to certain payments and concession cards. These temporary visa holders are not eligible for other payments or concession cards.

More information on this exemption for FTB, PLP and DAPP is within the FA Guide 2.2.1.10 and PPL Guide 2.2.4.30.

Act reference: SSAct section 739A(6) Neither subsection (1) nor (2) applies to a person … (SpB), section 1061ZQ(2) Subsection (1) does not apply to a person … (LIC)

Policy reference: SS Guide 9.2 Visa subclasses & payment eligibility for visas issued after 1/9/94

Refugee, or former refugee exemption

A person is exempt from the NARWP for all payments and concession cards if they are a refugee or former refugee at the time of claim.

A refugee, for social security purposes, is a person who has been granted a permanent visa under the Department of Home Affairs' humanitarian program.

Note: A person who holds a visa specified by the Ministerial Determination under section 7(6AA) of the SSAct - the specified visa subclass 852 - is also exempt from the NARWP for all payments, as they have a QRE (1.1.Q.35).

Act reference: SSAct section 201AA(5A) Subsection (1) does not apply to a person … (CP), section 500X(4) Subsection (1) does not apply to a person … (PP), section 549D(7) Subsection (1) does not apply to a person … (YA), section 575D(3) Subsection (1) does not apply to a person … (Austudy), section 623A(8) Subsection (1) does not apply to a person … (JSP), section 739A(8) Neither subsection (1) nor (2) applies to a person … (SpB), section 966(5) Subsection (1) does not apply to a person … (CA), section 1039AA(5) Subsection (1) does not apply to a person … (MOB), section 1061ZQ(3) Subsection (1) does not apply to a person … (LIC), section 1061ZH(3) Subsection (1) does not apply to a person … (CSHC), section 1061PU(3) Subsection (1) does not apply to a person … (PES)

Social Security (Class of Visas - Qualifying Residence Exemption Refugee) Declaration 2018

Policy reference: SS Guide 1.1.Q.35 Qualifying residence exemption (QRE), 1.1.R.110 Refugee, 9.1.2 Visas, 9.2 Visa subclasses & payment eligibility for visas issued after 1/9/94

Family member of a refugee exemption

A person is exempt from the NARWP if they were a family member of a refugee when that person became a refugee and:

  • the person is still a family member when they claim, or
  • where the refugee has died, the person was a family member immediately before the refugee's death.

Note: A person becomes a refugee for social security purposes when they are granted a permanent visa under the Department of Home Affairs' humanitarian program.

For the purposes of exemption from the NARWP, 'family member' includes the following categories of people in accordance with SSAct subsection 7(6D):

  • a partner
  • a dependent child, or
  • another person, who in the opinion of the Secretary, should be treated for the purposes of this definition as a family member.

Note: The discretion in the SSAct subsection 7(6D)(c) should be used only in respect of a family relationship that is similar to that of a partner or dependent child of the relevant person and is also such that it should be treated as such a relationship.

Example: Laila's father fled his country 12 years ago when Laila was 7 years old. Laila and the rest of her family remained behind. Laila's father was eventually granted a subclass 200 permanent refugee visa. Laila's father regularly sent money to Laila and her family to support them. Years later, when Laila was 17, she was granted a subclass 101 Child visa to migrate to Australia. Laila was unable to speak English, so she was enrolled in an intensive English language high school. Shortly after arriving in Australia, her father developed a serious health condition and was unable to work. This caused her family severe financial hardship. As Laila's father held a permanent refugee visa and Laila continued to be supported by her father once he became a refugee, Laila was assessed as a family member of a refugee. This meant she was not required to complete the NARWP for YA.

Act reference: SSAct section 201AA(5A) Subsection (1) does not apply to a person … (CP), section 500X(4) Subsection (1) does not apply to a person … (PP), section 549D(7) Subsection (1) does not apply to a person … (YA), section 575D(3) Subsection (1) does not apply to a person … (Austudy), section 623A(8) Subsection (1) does not apply to a person … (JSP), section 739A(8) Neither subsection (1) nor (2) applies to a person … (SpB), section 966(5) Subsection (1) does not apply to a person … (CA), section 1039AA(5) Subsection (1) does not apply to a person … (MOB), section 1061ZQ(3) Subsection (1) does not apply to a person … (LIC), section 1061ZH(3) Subsection (1) does not apply to a person … (CSHC), section 1061PU(3) Subsection (1) does not apply to a person … (PES)

Policy reference: SS Guide 1.1.F.60 Family member, 1.1.R.110 Refugee

Orphan relative & remaining relative visas exemption

People are not subject to a NARWP for CA, FTB Part A, PLP and DAPP if they hold one of the following visas:

  • subclass 117 or 837 - Orphan Relative
  • subclass 115 or 835 - Remaining Relative.

Note: These visa holders are subject to a 104 week (2 year) NARWP for certain working age payments such as JSP.

More information on this exemption for FTB, PLP and DAPP is within the FA Guide 2.2.1.10 and PPL Guide 2.2.4.30.

Act reference: Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 Schedule 1 item 21 Application provisions, Schedule 1 item 32 Application provision

Australian citizen exemption

People who hold Australian citizenship when they claim payment are exempt from the NARWP for all payments and concession cards.

This means people who become an Australian citizen while serving the NARWP will be exempt from any remaining NARWP and can claim payment from that time.

Act reference: SSAct section 201AA(5A) Subsection (1) does not apply to a person … (CP), section 500X(4) Subsection (1) does not apply to a person … (PP), section 549D(7) Subsection (1) does not apply to a person … (YA), section 575D(3) Subsection (1) does not apply to a person … (Austudy), section 623A(8) Subsection (1) does not apply to a person … (JSP), section 739A(8) Neither subsection (1) nor (2) applies to a person … (SpB), section 966(5) Subsection (1) does not apply to a person … (CA), section 1039AA(5) Subsection (1) does not apply to a person … (MOB), section 1061ZQ(3) Subsection (1) does not apply to a person … (LIC), section 1061ZH(3) Subsection (1) does not apply to a person … (CSHC), section 1061PU(3) Subsection (1) does not apply to a person … (PES)

Policy reference: SS Guide 9.1.1 Australian citizenship

SpB - substantial change in circumstance exemption

People are exempt from the NARWP for SpB and LIC if they have experienced a substantial change in circumstance beyond their control since the start of the NARWP. The person must still meet all other eligibility requirements for SpB or the LIC.

Act reference: SSAct section 739A(7) Neither subsection (1) nor (2) applies to a person … (SpB), section 1061ZQ(2) Subsection (1) does not apply to a person … (LIC)

Policy reference: SS Guide 3.7.2.20 Substantial change in circumstances for SpB, 3.9.1.20 Qualification for LIC

CP & CA exemptions

People are exempt from the NARWP for CP if they hold one of the following visas:

  • subclass 104 - Preferential Family, as a 'carer'
  • subclass 806 - Family, as a 'carer'.

Note: The above visas are closed to new applicants.

People are exempt from the NARWP for CP and CA if they hold a visa of a class included in a determination made by the Minister under SSAct subsection 201AA(5B). Current specified visas are:

  • subclass 116 - Carer
  • subclass 836 - Carer.

Act reference: SSAct section 201AA(5B) The Minister may, by legislative instrument … (CP), section 966(3) Subsection (1) does not apply to a person … (CA)

Policy reference: SS Guide 3.6.7.100 Payability of CA, 3.6.4.90 Payability of CP, 9.2 Visa subclasses & payment eligibility for visas issued after 1/9/94

LIC exemption - FTB child

From 1 January 2019, people who have an FTB child are exempt from the NARWP for a LIC. A person does not have to be receiving FTB to qualify for this exemption.

Act reference: SSAct section 1061ZQ(2) Subsection (1) does not apply to a person … (LIC)

FAAct section 3(1)-'FTB child'

Policy reference: FA Guide 2.1.1.10 FTB child

SCV exemption

SCV holders, or former SCV holders, are not required to serve the NARWP for FTB Part A, PLP and DAPP. The SCV is a temporary visa for New Zealand citizens.

More information on this exemption is in the FA Guide 2.2.1.10 and PPL Guide 2.2.4.30.

Act reference: FAAct section 61AA(8) Subsection (1) does not apply to an individual … (FTB)

Policy reference: SS Guide 9.1.3 New Zealand citizens

Principal carer/lone parent exemption

A person is exempt from the NARWP for PP, YA (job seeker) and JSP if the person:

  • is the principal carer of one or more children
  • is not a member of a couple, and
  • was not a lone parent at the start of the person's current period of Australian residence.

This rule is similar to the exemption for the qualifying residence period for PP when, following their Australian residency, they become single.

The following definitions of 'current period as an Australian resident' and 'lone parent' are relevant for PP, YA (job seeker) and JSP:

  • A 'current period as an Australian resident' is where a person has been an Australian resident for an entire period and the person lodged a claim for YA (job seeker), JSP or PP during the period.
  • A 'lone parent' is a person who is not a member of a couple and who has a dependent child.

Act reference: SSAct section 500X(3) Subsection (1) does not apply to a person … (PP), section 623A(7) Subsection (1) does not apply to a person … (JSP), section 549D(6) Subsection (1) does not apply to a person … (YA)

Policy reference: SS Guide 1.1.N.70 Newly arrived resident's waiting period (NARWP)

Receiving an income support payment exemption

From 1 January 2019, people who are receiving a social security pension, social security benefit, PPL or farm household allowance (e.g. because they are exempt from the NARWP or other qualifying residency requirements for that payment) are exempt from the NARWP for CA.

A person who is receiving a social security pension, social security benefit, PPL or farm household allowance may also be exempt from the NARWP for FTB Part A, PLP and DAPP.

More information on this exemption is within the FA Guide 2.2.1.10 and PPL Guide 2.2.4.30.

Act reference: SSAct section 966(4) Subsection (1) does not apply to a person … (CA)

FAAct section 61AA(7) Subsection (1) does not apply to an individual … (FTB)

PPLAct section 31A(5) Subsection (1) does not apply to a person … (PLP), section 115CBA(5) Subsection (1) does not apply to a person … (DAPP)

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