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Social Security Act 1991
201AANewly arrived resident’s waiting period
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#### 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.