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 residence requirements for lodging a claim for a social security payment or concession card, including the general rule and the specific requirements for:

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

General rule

The general rule is that to make a claim for a social security payment or concession card a person must be:

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

Explanation: To be an Australian resident, a person must be an Australian citizen, the holder of a permanent visa or an SCV holder who is a protected SCV holder and be residing in Australia. The meaning of 'residing in Australia' has been considered by the courts. It does not require unbroken presence in Australia but rather a substantial and continuing residential connection taking into account the person's circumstances against a range of factors – see 3.1.1.10.

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
  • is in Australia and holds a specified subclass of visa included in a determination made by the Minister under SSAct subparagraph 729(2)(f)(v).

Explanation: The visa subclasses specified under SSAct subparagraph 729(2)(f)(v) are temporary visas specified for purposes of qualification for SpB. Holders of these visas do not meet the general rule because they do not satisfy the definition of Australian resident.

Note: People who are qualified for SpB on the basis of being the holder of a visa subclass specified under SSAct subparagraph 729(2)(f)(v) and who are in Australia can also lodge a claim for CrP.

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 - DOP

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

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 JSP recipient who has been temporarily absent from Australia for 6 weeks or less to attend an acute family crisis, separates from her partner and claims PPS 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

Residence requirements - SCV holders

An SCV holder who is residing in Australia but is not a protected SCV holder can claim a social security payment or concession card if the qualification requirements for the relevant payment or concession card allow SCV holders residing in Australia to qualify.

Explanation: Non-protected SCV holders do not meet the general rule because they do not satisfy the definition of Australian resident.

Act reference: SS(Admin)Act section 31A Exclusion of certain claims by special category visa holders from section 29 residence requirement

SSAct section 7(1)-'protected SCV holder'

Policy reference: SS Guide 9.1.3 New Zealand citizens

Last reviewed: