9.2.2 Visa subclasses 100-139 payment eligibility

Introduction

Note: The information below has been compiled by DSS as a guide only. It only covers residential qualification for social security payments and concessions for the specified visa subclasses. Visa holders must also meet other qualification requirements to receive a payment or concession card.

Visa subclasses and their conditions are the responsibility of the Department of Home Affairs. Please check the Department of Home Affairs website for any updates to visa details.

Payment eligibility

Visa subclass number	Visa name	Permanent residence visa	AoS	Sponsored/nominated	Payments & concession cards residentially qualified for	Additional information
100	Partner (from 1 July 2009) Previously: Spouse (up to 30 June 2009)	Yes - permanent	No AoS (from 1 January 2012)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	It is possible for a person to hold a subclass 100 visa without having any evidence of holding a subclass 309 visa beforehand. It is also possible for a dependent child to hold a subclass 100 visa without having any evidence of a subclass 309 or 445 visa beforehand. Further information in Note C
101	Child	Yes - permanent	Discretionary AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.
102	Adoption	Yes - permanent	Discretionary AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.
103	Parent	Yes - permanent	Mandatory AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa was closed to new applications on 2 June 2014 and re-opened to new applications on 25 September 2014.
104	Preferential Family	Yes - permanent	Mandatory AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply. Exempt from CP and CA NARWP, but only if a special need relative or carer (indicated by statistical code next to visa subclass).	This visa is no longer issued and was repealed in November 1999. There may be a statistical code inserted after the visa subclass 104: 110 identifies special need relative, and 111 identifies carer.
105	Skilled - Australian Linked (from 1 July 1997) Previously: Concessional Family (up to 30 June 1997)	Yes - permanent	Discretionary AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed on 1 July 2012.
106	Regional - Linked	Yes - permanent	Discretionary AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed on 1 July 2012.
110	Interdependency	Yes - permanent	No AoS (From 1 January 2012)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa was closed to new applicants from 1 July 2009 and was repealed from that date. Further information in Note C
111	Authority to Return/Return Endorsement Transitional (Permanent) Visa	Yes - permanent	AoS depended on the kind of visa or entry permit originally granted to the holder (Note D, Note E)	Depended on the kind of visa or entry permit originally granted to the holder	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	Transitional permanent visa holders are taken to have been granted this visa by operation of law on 1 September 1994. These visa holders hold a '111' (BF-111). Further information is in 9.1.2 Visas.
113	Aged Parent	Yes - permanent	Mandatory AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in March 1999.
114	Aged Dependent Relative	Yes - permanent	Mandatory AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa was closed to new applications on 2 June 2014 and re-opened to new applications from 25 September 2014.
115	Remaining Relative	Yes - permanent	Mandatory AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa was closed to new applications on 2 June 2014 and re-opened to new applications from 25 September 2014.
116	Carer	Yes - permanent	No AoS	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply. Exempt from CP and CA NARWP.	This visa was closed to new applications on 2 June 2014 and re-opened to new applications from 25 September 2014.
117	Orphan Relative	Yes - permanent	Discretionary AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.
118	Designated Parent	Yes - permanent	Mandatory AoS (Note D)	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in April 2000.
119	Regional Sponsored Migration Scheme	Yes - permanent	No AoS	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa subclass was closed to new applicants from 1 July 2012.
120	Labour Agreement	Yes - permanent	No AoS	Nominated	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa subclass was closed to new applicants from 1 July 2012.
121	Employer Nomination	Yes - permanent	No AoS	Nominated	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa subclass was closed to new applicants from 1 July 2012.
122	Business (Joint Venture)	Yes - permanent	Discretionary AoS (Note D)	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in August 1994.
123	Business (General)	Yes - permanent	Discretionary AoS (Note D)	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in August 1994.
124	Distinguished Talent	Yes - permanent	No AoS	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.
125	Distinguished Talent & Special Service	Yes - permanent	Discretionary AoS (Note D)	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in November 1999.
126	Independent Entrant	Yes - permanent	Discretionary AoS (Note D)	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in July 2012.
127	Business Owner	Yes - permanent	No AoS	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in March 2003.
128	Senior Executive	Yes - permanent	No AoS	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in March 2003.
129	State/Territory Sponsored Business Owner	Yes - permanent	No AoS	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in March 2003.
130	State/Territory Sponsored Senior Executive	Yes - permanent	No AoS	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in March 2003.
131	Investment - Linked	Yes - permanent	No AoS	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in March 2003.
132	Business Talent	Yes - permanent	No AoS	Nominated	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.
134	Skill Matching	Yes - permanent	No AoS	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in July 2012.
135	State/Territory - Nominated Independent	Yes - permanent	Discretionary AoS (Note D)	Nominated	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in July 2012.
136	Skilled Independent	Yes - permanent	No AoS	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in July 2012.
137	Skilled State/Territory - Nominated Independent	Yes - permanent	No AoS	Not sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in July 2012.
138	Skilled Australian Sponsored	Yes - permanent	No AoS	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in July 2012.
139	Designated Area Sponsored	Yes - permanent	No AoS	Sponsored	All payments and concession cards NARWP (Note A) and qualifying residence periods (Note B) apply.	This visa is no longer issued and was repealed in July 2012.

Notes

Note	Explanation
A	A NARWP (1.1.N.70) of between 1 and 4 years applies to most concession cards, social security payments, FTB Part A, PLP and DAPP. Payments subject to a NARWP are payable only if the person has either served, or is exempt from, the NARWP. Concession cards subject to a NARWP can only be issued if a person has either served, or is exempt from, the NARWP. Policy reference: SS Guide 3.1.2.40 Newly arrived resident's waiting period (NARWP), 3.1.2.43 Exemptions from the NARWP FA Guide 2.2.1.10 NARWP for FTB Part A PPL Guide 2.4.3 NARWP for PLP
B	Age and DSP have a ten year qualifying residence requirement. Holders of permanent residence visas must satisfy the residence requirement, or be eligible for a QRE, in order to qualify for these pensions. PP has a 2 year qualifying residence requirement. This qualifying residence period is served concurrently with the NARWP where both apply. Policy reference: SS Guide 3.4.1.10 Qualification for Age, 3.6.1.12 Qualification for DSP - 15 hour rule (see 'Residence qualification criteria'), 3.1.2.40 Newly arrived resident's waiting period (NARWP)
C	With the commencement of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws - General Law Reform) Act 2008 on 1 July 2009, the Migration Regulations 1994 were amended to replace 'spouse' with 'partner'. Spouse visas (subclasses 309/100 and 820/801) and Interdependency visas (subclasses 310/110 and 826/814) were replaced by new Partner visas (subclasses 309/100 and 820/801) from 1 July 2009. Applications for Interdependency visas lodged before 1 July 2009, which met the eligibility requirements, were granted an Interdependency visa at both the temporary and permanent stages of the application after 1 July 2009. Applications received after 1 July 2009 for Interdependency visa subclasses 310/110 were processed as an application for the Partner visas (subclasses 309/100 and 820/801). There have previously been determinations allowing a QRE to the holder of a visa subclass 100, 110, 801 and 814 for PPS, CP, MOB, CSHC, HCC and all social security benefits (1.1.S.190) (other than SpB), regardless of the visa subclass previously held by the person. From 1 January 2017, the QRE for these visas has been revoked. However, a person can continue to receive a payment if they were granted a QRE prior to 1 January 2017 and have continuity of payment post 1 January 2017. Similarly, there have been determinations that provided a NARWP exemption for SpB for family members of an Australian citizen or permanent resident. This exemption ceased to apply to holders of 309, 310, 820 and 826 visas from 1 July 2012. From 1 January 2017 the exemption also ceased to apply to permanent 100, 110, 801 and 814 visa holders for SpB claims made after this date. Policy reference: SS Guide 1.1.Q.35 Qualifying residence exemption (QRE), 3.1.2.43 Exemptions from the NARWP
D	Certain visas require an AoS. An AoS is a commitment by one or more Australian residents as defined by the SSAct section 7(2) (the assurer) to provide financial support to a new resident (the assuree) during the AoS period (between 12 months and 10 years, depending on the visa). It is also a legal commitment to repay the Commonwealth certain social security payments, if such payments are made to the new resident while the AoS is in force. Policy reference: SS Guide 9.4.1.10 Overview of the AoS scheme
E	For the purposes of a '111' transitional permanent visa, if an AoS was signed in relation to the original visa or entry permit, the AoS continued. Note: The AoS period for transitional permanent visas would have expired.