Commonwealth legislation

Social Security (Class of Visas – Newly Arrived Resident's Waiting Period for Special Benefit) Determination 2015

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

2/10 complexity

What it does

This law adds the Safe Haven Enterprise Visa (Subclass 790) to the list of visas affected by the Newly Arrived Resident's Waiting Period for Special Benefit.

Who it affects

People who arrive in Australia on a Safe Haven Enterprise Visa (a protection visa for refugees who agree to live and work in regional areas). If they fall into financial hardship, they cannot claim Special Benefit payments until they have lived in Australia for a set waiting period (usually 2 to 4 years).

Why it matters

Special Benefit is a safety-net payment for people in severe financial need who don't qualify for other welfare. This determination means that, unlike some other humanitarian visa holders, people on Safe Haven Enterprise Visas must serve the full waiting period before accessing this safety net, even if they have no other income or support.

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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 2015.

Social Security (Class of Visas – Newly Arrived Resident's Waiting Period for Special Benefit) Determination 2015

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Description: Description: Commonwealth Coat of Arms

Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015

Social Security Act 1991

I, SCOTT MORRISON, Minister for Social Services, acting under subsection 739A(6) of the Social Security Act 1991, make this Determination.

Dated: 7 April 2015

Scott Morrison

Minister for Social Services

1 Name of determination

This Determination is the Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2015.

2 Commencement

This Determination commences immediately after Division 2 of Part 1 of Schedule 2 to the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legal Caseload) Act 2014 commences.

3 Class of visas

For the purpose of subsection 739A(6) of the Social Security Act 1991, a class of visa is Subclass 790 (Safe Haven Enterprise).

Source text

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