Commonwealth legislation

Social Security (Class of Visas — Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004 (No. 2)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

1/10 complexity

What this does: This rule says that people holding a "Return Pending (Temporary)" visa (subclass 695) must serve a waiting period before they can receive Special Benefit payments — even if they are in severe financial hardship.

Who it affects: Anyone who arrives in Australia on a subclass 695 visa and later needs income support. Special Benefit is usually the safety net for temporary visa holders who are destitute and can't get other welfare. This determination imposes a "Newly Arrived Resident's Waiting Period" (typically 2 to 4 years) on this specific visa class.

Why it matters: Without this determination, subclass 695 holders could access Special Benefit immediately if they met the hardship criteria. With it, they must wait years before getting help, effectively excluding recent arrivals on this visa from immediate financial assistance regardless of how desperate their situation is.

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Current sections

Direct links to the current provisions in Social Security (Class of Visas — Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004 (No. 2).

Social Security (Class of Visas — Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004 (No. 2)

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Social Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004 (No. 2)

I, KAY CHRISTINE LESLEY PATTERSON, Minister for Family and Community Services, make the following determination under subsection 739A(6) of the Social Security Act 1991.

Dated 27th August 2004.

Kay Patterson

Minister for Family and Community Services

Name of determination

1. This determination may be cited as the Social Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004 (No. 2).

Commencement

2. This determination commences on gazettal.

Class of visas

3. For the purposes of subsection 739A(6) of the Social Security Act 1991 a class of visas is subclass 695 (Return Pending (Temporary)) (Class VA).

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.