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.
| Condition | More detail |
|---|---|
| ALL of the following: | |
| be an Australian resident (1.1.A.330), AND | This topic |
| be in Australia (1.1.A.320), or temporarily absent within the requirements of the Act. | 7.1.2.20 Application of portability rules (portability table) |
| AND at least ONE of the following: | |
| have been in Australia for at least 104 weeks in 1 period, or in a number of periods, and during all the time spent in Australia, have been an Australian resident, OR | This topic |
| the person has a QRE (1.1.Q.35) for PP | SSAct section 7(6) A person has a qualifying residence exemption …, section 7(6AA) A person also has a qualifying residence exemption … |
| became a lone parent while an Australian resident, OR | This topic |
| the person was 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 qualifying residence period). 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 qualifying residence period criterion above applies to a person, the NARWP and qualifying residence period 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 qualifying residence period.
Note: The qualifying residence requirement 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 the exemption period, newly arrived residents continued to serve any remaining qualifying residence period, with the exemption period counting as qualifying residence.
Act reference: Coronavirus Economic Response Package Omnibus Act 2020
Social Security (Coronavirus Economic Response-2020 Measures No. 1) Determination 2020
Social Security (Coronavirus Economic Response-2020 Measures No. 7) Determination 2020
Social Security (Coronavirus Economic Response-2020 Measures No. 14) Determination 2020
Social Security (Coronavirus Economic Response-2020 Measures No. 15) Determination 2020
Social Services and Other Legislation Amendment (Extension of Coronavirus Support) Act 2020 Schedule 1 Part 4 Modifications of the social security law
Social Security (Coronavirus Economic Response-2020 Measures No. 16) Determination 2020
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 lone parent while an Australian resident
If a person became a lone parent while an Australian resident, they do not need to have been in Australia for 104 weeks before qualifying.
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 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, and his partner died on 23 March 2007. Michael subsequently 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 or has a child or gains the care of a child while an Australian resident.
Explanation: This is because the person may have been a lone parent 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. They separated on September 2005, and Lois departed Australia permanently on 17 November 2005. Lois returned to Australia as a permanent resident (and still a lone parent) 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 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 qualifying residence period rule. Annie separated 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 parent. Because she did not yet satisfy the qualifying residence period rule either, qualification ceased on 15 August 2006.
Act reference: SSAct section 23(1)-'lone parent'
Policy reference: SS Guide 7.1.2.20 Application of portability rules (portability table), 3.5.1.10 Qualification summary for PP, 9.1.3 New Zealand citizens
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 before qualifying.
A person can satisfy this requirement IF they:
- are a family member of a refugee at time of claim and were a family member of the refugee at the time they became a refugee, OR
- were a family member of a refugee immediately before that refugee died.
Note: If a person satisfies these criteria, they will also be exempt from the NARWP for PP.
Act reference: SSAct 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: