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.

8.1.6 Residence requirements

Summary

This topic explains the general rule for residence requirements and the specific requirements for:

  • special benefit
  • double orphan pension, and
  • parenting payment.

General rule

The general rule is that to make a claim a recipient must be:

  • an Australian resident, and
  • in Australia (1.1.A.320) on the day they are lodging their claim.

Explanation: The meaning of the term 'resides in Australia' has been considered by the courts. It does not require unbroken presence in Australia but rather a substantial and continuing residential connection.

The general rule does not apply to an ACO.

Act reference: SS(Admin)Act section 29 Residence requirements for claimants

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

Policy reference: SS Guide 3.1.1 Residence requirements

Residence requirements - SpB

A claim for SpB may be made by a person who:

  • meets the general rule, or
  • has a QRE for SpB, or
  • holds a visa approved by the Minister.

Act reference: SS(Admin)Act section 30 Residence requirements for claimants for SpB

Policy reference: SS Guide 3.7.1.10 Qualification for SpB, 3.1.1 Residence requirements

Residence requirements - family payments

A claim for DOP may be made by an Australian resident who is not in Australia.

Act reference: SS(Admin)Act section 31(3) Exclusion of certain claims from requirements of section 29

Residence requirements - PP

A claim may be made for PP by an Australian resident who is not in Australia if the claim is made within 13 weeks of the cancellation of an income support payment received by the recipient while outside Australia.

Example: A WP recipient who has been temporarily absent from Australia for 26 weeks or less, separates from her partner and claims PP while still absent from Australia.

Act reference: SS(Admin)Act section 31(2) Exclusion of certain claims from requirements of section 29

SSAct section 23(1)-'income support payment'

Policy reference: SS Guide 3.5.1.70 Residence qualification for PP - overview

Last reviewed: