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.

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 QRPs (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 QRPs (Note B) apply.

 -
102 Adoption Yes - permanent Discretionary AoS (Note D) Sponsored

All payments and concession cards

NARWP (Note A) and QRPs (Note B) apply.

 -
103 Parent Yes - permanent Mandatory AoS (Note D) Sponsored

All payments and concession cards

NARWP (Note A) and QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (Note B) apply.

 -
118 Designated Parent Yes - permanent Mandatory AoS (Note D) Sponsored

All payments and concession cards

NARWP (Note A) and QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (Note B) apply.

 -
134 Skill Matching Yes - permanent No AoS Not sponsored

All payments and concession cards

NARWP (Note A) and QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 QRPs (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 one and 4 years applies to most concession cards, social security payments, FTB Part A and PLP.

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 A QRP (1.1.Q.37) of 2 years or 10 years applies to certain social security payments. Holders of permanent residence visas must satisfy this QRP, or be eligible for an exemption, in order to qualify for these payments.

Age and DSP have a 10-year QRP.

PP has a 2 year (104 week) QRP. This QRP 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), 3.5.1.70 Residence qualification for PP - overview
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.

Last reviewed: