Part 1
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Commonwealth legislation
This declaration names which non-citizen visa holders count as "dependants" for Pensioner Concession Card and Health Care Card purposes. It covers temporary visa holders seeking permanent visas (who have not applied for protection visas), holders of subclasses 449, 785, 786 and 790, and family-unit members of Pacific Australia Labour Mobility (PALM) workers approved to bring dependants. Mechanically, it makes departmental verification of visa class, visa-application status and PALM approval decisive for concession-card dependant status.
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Direct links to the current provisions in Social Security (Dependants—Concession Cards) Declaration 2018.
This declaration is the Social Security (Dependants—Concession Cards) Declaration 2018.
This declaration is made under subsection 240B(5) of the Social Security (Administration) Act 1999.
Administration Act means the Social Security (Administration) Act 1999;
dependant has the same meaning as in Part 2A.1 of the Social Security Act 1991;
member of a couple has the meaning given by subsection 4(1) of the Social Security Act 1991;
member of the family unit has the same meaning as in the Migration Act 1958;
partner has the meaning given by subsection 4(1) of the Social Security Act 1991;
permanent visa has the meaning given by subsection 30(1) of the Migration Act 1958;
protection visa has the meaning given by section 35A of the Migration Act 1958;
temporary visa has the meaning given by subsection 30(2) of the Migration Act 1958.
Temporary visa holder (1) A person who: (a) is the holder of a temporary visa; and (b) has applied for a permanent visa and the application has not been withdrawn or otherwise finally determined; and (c) has not made an application for a protection visa (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and (d) is, or has been, in Australia as the holder of a temporary visa is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies. Other visa holders (2) A person who: (a) is the holder of any of a: (i) subclass 449 (Humanitarian Stay (Temporary)) visa; (ii) subclass 785 (Temporary Protection) visa; (iii) subclass 786 (Temporary (Humanitarian Concern)) visa; or (iv) subclass 790 (Safe Haven Enterprise) visa; and (b) is, or has been, in Australia as the holder of a relevant visa is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies. Visa holders connected with the Pacific Australia Labour Mobility scheme (3) A person who is, or has been, in Australia as the holder of a visa granted on the basis that the person is a member of the family unit of another person (the other person), where the other person: (a) is, or has been, in Australia as the holder of a visa granted on the basis that the other person is a participant, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme; and (b) has been approved by a Department, in the course of administering the Pacific Australia Labour Mobility scheme, to bring members of the family unit of the other person to Australia; is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This declaration is the Social Security (Dependants—Concession Cards) Declaration 2018.
This declaration is made under subsection 240B(5) of the Social Security (Administration) Act 1999.
Administration Act means the Social Security (Administration) Act 1999;
dependant has the same meaning as in Part 2A.1 of the Social Security Act 1991;
member of a couple has the meaning given by subsection 4(1) of the Social Security Act 1991;
member of the family unit has the same meaning as in the Migration Act 1958;
partner has the meaning given by subsection 4(1) of the Social Security Act 1991;
permanent visa has the meaning given by subsection 30(1) of the Migration Act 1958;
protection visa has the meaning given by section 35A of the Migration Act 1958;
temporary visa has the meaning given by subsection 30(2) of the Migration Act 1958.
Temporary visa holder (1) A person who: (a) is the holder of a temporary visa; and (b) has applied for a permanent visa and the application has not been withdrawn or otherwise finally determined; and (c) has not made an application for a protection visa (whether or not the person has applied for any other visa), other than an application that has been withdrawn or otherwise finally determined; and (d) is, or has been, in Australia as the holder of a temporary visa is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies. Other visa holders (2) A person who: (a) is the holder of any of a: (i) subclass 449 (Humanitarian Stay (Temporary)) visa; (ii) subclass 785 (Temporary Protection) visa; (iii) subclass 786 (Temporary (Humanitarian Concern)) visa; or (iv) subclass 790 (Safe Haven Enterprise) visa; and (b) is, or has been, in Australia as the holder of a relevant visa is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies. Visa holders connected with the Pacific Australia Labour Mobility scheme (3) A person who is, or has been, in Australia as the holder of a visa granted on the basis that the person is a member of the family unit of another person (the other person), where the other person: (a) is, or has been, in Australia as the holder of a visa granted on the basis that the other person is a participant, as a worker, in the scheme known as the Pacific Australia Labour Mobility scheme; and (b) has been approved by a Department, in the course of administering the Pacific Australia Labour Mobility scheme, to bring members of the family unit of the other person to Australia; is declared to be a person to whom subparagraph 240B(4)(a)(iii) of the Administration Act applies.