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.

3.5.1.70 Residence qualification for PP - overview

Summary

This topic explains the general residence qualification criteria for PP and the exceptions to the general PP residence rules.

Qualification (1.1.Q.10) criteria

To satisfy the residence requirements for PP a person MUST meet the conditions in the following table. Where more detail about a condition is provided, the second column indicates where it is located.

ConditionMore detail
MUST be an Australian resident (1.1.A.330)This topic
AND at least ONE of the following:
have been in Australia for a period (or number of periods) totalling at least 104 weeks, and throughout the period (or periods) have been an Australian resident, ORThis topic
have a QRE for PP, OR1.1.Q.35 Qualifying residence exemption (QRE)
have become a single principal carer while an Australian resident, ORThis topic
be a family member of a refugee or former refugee.This topic

Act reference: SSAct section 7(2) An Australian resident is a person who …, section 7(6) A person has a qualifying residence exemption …, section 7(6AA) A person also has a qualifying residence exemption …, section 500(1) Qualification for PP - see (b), (c) and (d), section 23(1)-'lone parent'

Policy reference: SS Guide 7.1.2.20 Application of portability rules (portability table)

104-week residence period

A person satisfies the residence qualification criteria for PP if they have been an Australian resident and in Australia for a period, or periods of, 104 weeks (known as the QRP). The requirement to have been in Australia for a period or periods totalling 104 weeks allows for broken periods within Australia to count, IF the person continued to be an Australian resident. It is not a requirement that the period of 104 weeks residence occurred immediately before claiming PP.

Example: Sacha arrived in Australia as a permanent resident in May 2003, and departed permanently in July 2005, having been in Australia at least 104 weeks during that period. Sacha returned to Australia as a permanent resident in April 2007 and claimed PP. The 104 weeks period is satisfied by the earlier period of residence.

On 1 January 2019 a NARWP was introduced for PP in addition to the above criteria. A person who is granted a permanent visa on or after 1 January 2019 is subject to a 208-week NARWP for PP. If the 104-week QRP criterion above applies to a person, the NARWP and QRP are served concurrently and the person is not payable until they have served both periods. If a person has a QRE for PP, they will also be exempt from the NARWP. People granted a permanent visa before 1 January 2019 are subject to the old rules and will only serve a 104-week QRP.

Note: The QRP did not apply temporarily from 25 March 2020 to 31 March 2021 as part of the Australian Government's response to the COVID-19 pandemic. At the end of this temporary exemption period, newly arrived residents continued to serve any remaining QRP, with the exemption period counting as qualifying residence.

Policy reference: SS Guide 3.5.1.90 Payability summary for PP, 1.1.N.70 Newly arrived resident's waiting period (NARWP), 3.1.2.40 Newly arrived resident's waiting period (NARWP), 3.1.2.43 Exemptions from the NARWP

Became a single principal carer while an Australian resident

If a person became a single principal carer while an Australian resident, they do not need to have been in Australia for 104 weeks in order to qualify.

A person can satisfy this residence requirement IF they:

  • are not a member of a couple, AND
  • lodged their current claim for PP during a continuous period of Australian residence, regardless of the duration of that residence, AND
  • either were a member of a couple, OR did not have a dependent child (1.1.D.70), at the beginning of that period of Australian residence.

Note: If a person satisfies these criteria, they will also be exempt from the NARWP for PP.

Example: Michael first arrived in Australia as a permanent resident on 14 July 2006 with his partner and child. His partner died on 23 March 2007 so Michael claimed and received PP under section 500D(2) as he is not a member of a couple.

The exception does not always apply to a person who ceases to be a member of a couple, has a child or gains the care of a child while an Australian resident.

Explanation: This is because the person may have been a single principal carer at the start of their current period as an Australian resident.

Example: Lois first arrived in Australia as a permanent resident on 11 July 2005, with her partner and son. Lois separated from her partner in September 2005, and she then departed Australia permanently as a single principal carer on 17 November 2005. Lois returned to Australia as a permanent resident (and still a single principal carer) on 23 August 2006 and claimed PP the same day. Lois did not qualify for PP under section 500D because although she was not a member of a couple, she had a dependent child at the beginning of her current period of residence.

If a single person has qualified for PP on the basis of this provision, their qualification may change if they become a member of a couple.

Example: Annie first arrived in Australia as a permanent resident on 23 March 2006 with her partner, but did not qualify for PP because of the QRP. Annie separated from her partner on 11 July 2006, claimed PP the same day, and was granted in respect of her 2 year old child. Annie reconciled with her partner on 15 August 2006, and no longer satisfied the qualification provision as a single principal carer. Because she did not yet satisfy the QRP either, qualification ceased on 15 August 2006.

Act reference: SSAct section 23(1)-'lone parent'

Policy reference: SS Guide 3.5.1.10 Qualification summary for PP

Family member of a refugee or former refugee

If a person is a family member of a refugee or former refugee, they do not need to have been an Australian resident for 104 weeks in order to qualify.

A person can satisfy this requirement if the person was a family member of a refugee when they became a refugee and:

  • the person is still a family member of the refugee when they claim, or
  • where the refugee has died, the person was a family member of the refugee 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 this exception, 'family member' includes the following:

  • 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: If a person satisfies these criteria, they will also be exempt from the NARWP for PP.

Act reference: SSAct section 7(6D)-‘family member’, section 500(1)(d)(iv) A person is qualified for PP if … the person satisfies subsection (3), section 500(3) A person satisfies this subsection if …

Exception to general rule - international agreement or savings provision

A person who does not satisfy the general residence qualifications may still qualify on the basis of either a:

  • scheduled international social security agreement (1.1.A.120), or
  • savings provision (1.1.S.40).

Act reference: SSAct Schedule 1A clause 105A PP (changes introduced 20 March 1998)

Policy reference: SS Guide 3.1.1 Residence requirements, Part 10 Australian Social Security Agreements

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