{"id":"F2018L01347","name":"Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018","slug":"social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-carer-payment-determinati","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98029,"registerId":"commonwealth-F2018L01347-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\ntitle: Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\nSocial Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018\n\nmade under subsection 201AA(5B) of the\n\nSocial Security Act 1991\n\nCompilation No. 1\n\nCompilation date: 4 August 2021\n\nIncludes amendments up to: F2021L01066\n\nRegistered: 4 February 2022\n\nAbout this compilation\n\nThis compilation\n\nThis is a compilation of the Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018 that shows the text of the law as amended and in force on 4 August 2021 (the compilation date).\n\nThe notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.\n\nUncommenced amendments\n\nThe effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.\n\nApplication, saving and transitional provisions for provisions and amendments\n\nIf the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.\n\nEditorial changes\n\nFor more information about any editorial changes made in this compilation, see the endnotes.\n\nModifications\n\nIf the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.\n\nSelf‑repealing provisions\n\nIf a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.\n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n3 Authority\n\n4 Class of visas\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\n \n\n1  Name\n\n  This Determination is the Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018.\n\n3  Authority\n\n  This Determination is made under subsection 201AA(5B) of the Social Security Act 1991.\n\n4  Class of visas\n\n  For the purposes of subsection 201AA(5) of the Social Security Act 1991 the classes of visas are:\n\n (a) Subclass 116 (Carer); and\n\n (b) Subclass 836 (Carer).\n\nEndnotes\n\nEndnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nEditorial changes\n\nThe Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.\n\nIf the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.\n\nIf a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.\n\nEndnote 2—Abbreviation key\n\n| ad = added or inserted | o = order(s) |\n| --- | --- |\n| am = amended | Ord = Ordinance |\n| amdt = amendment | orig = original |\n| c = clause(s) | par = paragraph(s)/subparagraph(s) |\n| C[x] = Compilation No. x | /sub‑subparagraph(s) |\n| Ch = Chapter(s) | pres = present |\n| def = definition(s) | prev = previous |\n| Dict = Dictionary | (prev…) = previously |\n| disallowed = disallowed by Parliament | Pt = Part(s) |\n| Div = Division(s) | r = regulation(s)/rule(s) |\n| ed = editorial change | reloc = relocated |\n| exp = expires/expired or ceases/ceased to have | renum = renumbered |\n| effect | rep = repealed |\n| F = Federal Register of Legislation | rs = repealed and substituted |\n| gaz = gazette | s = section(s)/subsection(s) |\n| LA = Legislation Act 2003 | Sch = Schedule(s) |\n| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |\n| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |\n| effect | SR = Statutory Rules |\n| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |\n| cannot be given effect | SubPt = Subpart(s) |\n| mod = modified/modification | underlining = whole or part not |\n| No. = Number(s) | commenced or to be commenced |\n\n\n \n\nEndnote 3—Legislation history\n\n \n\n| Name | Registration | Commencement | Application, saving and transitional provisions |\n| --- | --- | --- | --- |\n| Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018 | 26 Sept 2018 (F2018L01347) | 1 Oct 2018 (s 2(1) item 1) |  |\n| Social Security (Class of Visas ‑ Newly Arrived Resident's Waiting Period for Carer Payment) Amendment Determination 2021 | 3 Aug 2021 (F2021L01066) | 4 Aug 2021 (s 2(1) item 1) | — |\n\n\n \n\nEndnote 4—Amendment history\n\n \n\n| Provision affected | How affected |\n| --- | --- |\n| s 2..................... | rep LA s 48D |\n| s 5..................... | rep F2021L01066 |\n\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: specifying visa classes exempt from the NARWP for Carer Payment. The 2021 amendment merely removed section 2 (commencement provision, repealed as unnecessary under the Legislation Act) and section 5 (saving provision), which were housekeeping changes that did not expand the substantive scope."},"complexity_factors":["Extremely short: only 3 substantive sections (Name, Authority, Class of visas)","No defined terms section","No cross-references to other legislation beyond the enabling provision (subsection 201AA(5B) of the Social Security Act 1991)","Simple list structure: just names two visa subclasses","No conditional logic, exceptions, or nested provisions","Operative provision (section 4) is a single sentence with two subparagraphs"],"plain_english_summary":"This Determination lets holders of Carer visas (subclass 116 offshore and subclass 836 onshore) bypass the Newly Arrived Resident’s Waiting Period for Carer Payment. It means people who come to Australia specifically to provide ongoing care can access immediate financial support, preventing hardship for carers and the vulnerable people they look after."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Although the instrument was amended and recompiled (see endnotes: initial registration 26 Sept 2018; amendment 3 Aug 2021), the current operative list in section 4 identifies subclasses 116 and 836. The compiled text shows no change to which visa classes are captured, so the scope (which visas are treated as newly arrived residents for the waiting period) remains the same."},"complexity_factors":["Single, narrow operative provision (section 4) listing two visa subclasses (116 and 836).","Depends on a cross-reference to subsection 201AA(5) of the Social Security Act 1991 to produce substantive effect.","Uses technical immigration identifiers (visa subclass numbers) which require cross-checking with immigration law/records to interpret.","Low administrative discretion — classification is deterministic rather than rules-based.","Compilation and amendment history (endnotes) require checking to confirm commencement dates and any repeals or editorial changes."],"plain_english_summary":"This Determination names which visa classes are treated as \"newly arrived residents\" for the purpose of the newly arrived resident’s waiting period for Carer Payment under subsection 201AA(5) of the Social Security Act 1991. It mechanically fixes that status to holders of visa subclasses 116 and 836, thereby affecting when people on those visas are subject to the waiting period for Carer Payment."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-carer-payment-determinati","history":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-carer-payment-determinati/history","analysis":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-carer-payment-determinati/analysis","conflicts":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-carer-payment-determinati/conflicts","importantCases":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-carer-payment-determinati/important-cases","documents":"/api/acts/social-security-class-of-visas-newly-arrived-resident-s-waiting-period-for-carer-payment-determinati/documents"}}