201AANewly arrived resident’s waiting period

#### 201AA Newly arrived resident’s waiting period (1) A person is subject to a newly arrived resident’s waiting period if the person: (a) has entered Australia; and (b) has not been an Australian resident and in Australia for a period of, or periods totalling, 104 weeks. > Note: For Australian resident see subsection 7(2). (2) Subsection (1) does not apply to a person who has a qualifying residence exemption for a carer payment. > Note: For qualifying residence exemption in relation to carer payment, see paragraph 7(6AA)(f). (3) Subsection (1) does not apply to a person who is: (a) the holder of a subclass 104 visa—Preferential family; and (b) either a carer or a special need relative. (4) Subsection (1) does not apply to a person who is: (a) the holder of a subclass 806 visa—Family; and (b) either a carer or a special need relative. (5) Subsection (1) does not apply to a person if, at the time the person made the claim for a carer payment, the person holds a visa that is in a class of visas determined in an instrument under subsection (5B). (5A) Subsection (1) does not apply to a person if: (a) the person is a refugee, or a former refugee, at the time the person made the claim for a carer payment; or (b) the following apply: (i) before the person made the claim for a carer payment, the person was a family member of another person at the time the other person became a refugee; (ii) the person is a family member of that other person at the time the person made the claim for a carer payment or, if that other person has died, the person was a family member of that other person immediately before that other person died; or (c) the person is an Australian citizen at the time the person made the claim for a carer payment. (5B) The Minister may, by legislative instrument, determine a class of visas for the purposes of subsection (5). The class must not be a class covered by paragraph 7(6AA)(f). (6) In this section: > carer has the same meaning as in the Migration Regulations. > family member has the meaning given by subsection 7(6D). > former refugee has the meaning given by subsection 7(1). > refugee has the meaning given by subsection 7(6B). > special need relative has the same meaning as in the Migration Regulations as in force on 30 November 1998.