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.

3.7.2.10 SpB for newly arrived residents

Introduction

SpB is subject to a NARWP.

The following are not required to serve a NARWP:

  • a person who arrived in Australia as a refugee
  • a person who is a family member of a refugee or a former refugee at the time the former refugee arrived in Australia and is a family member at time of claim
  • a person who is an Australian citizen
  • a person who has lawfully been a permanent resident of Australia at any time for the duration of the NARWP
  • a person who holds or was the former holder of a visa subclass 060, 070, 449, 785, 786, 790, or a CJSV granted to people assisting in the administration of criminal justice in relation to an offence of trafficking in persons, slavery, or slavery-like practices, or
  • a person who
    • has suffered a substantial change of circumstances beyond their control after arrival in Australia, and
    • is in financial hardship.

Note 1: A person who is exempt from the NARWP for SpB may also be exempt for other payments or benefits. See 3.1.2.43, FA Guide 2.2.1.10 and PPL Guide 2.4.3.

Note 2: A family member is defined by SSAct section 7(6D) as a partner or dependent child of a person, or a person who should be treated as a partner or dependent child in the opinion of the Secretary.

Note 3: For a person who holds a temporary visa subclass 309 or 820, the NARWP starts from the date the person applied for the visa and ends when a person has been residing in Australia for their full NARWP period. From 1 January 2019 changes were made to the NARWP for SpB. A person who applies for a temporary visa 309 or 820 on or after 1 January 2019 is subject to a 208 week NARWP for SpB. A person who had applied for a temporary visa 309 or 820 before 1 January 2019 is subject to a 104 week NARWP for SpB.

Act reference: SSAct section 7(6D)-'family member', section 729(2)(f)(v) is the holder of a visa …, section 739A(3)(b) before, on or after the commencement of this subsection …, section 739A(6) Neither subsection (1) nor (2) applies …, section 739A(8) Neither subsection (1) nor (2) applies …

Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 Schedule 1 Part 1 item 21(2) The amendment of paragraph 739A(3)(d) …

Policy reference: SS Guide 3.1.2.70 Exemptions from waiting periods, 3.1.2.43 Exemptions from the NARWP, 3.7.2.20 Substantial change in circumstances for SpB

Last reviewed: