3.5.1.70 Residence Qualification for PP - Overview

Summary

This topic explains the general residence qualification criteria for PP and the exceptions to the general PP residence rules.

Qualification (1.1.Q.10) criteria

To satisfy the residence requirements for PP a person MUST meet the conditions in the following table. Where more detail about a condition is provided, the second column indicates where it is located.

Act reference: SSAct section 7(2) An Australian resident is a person who, section 7(6) A person has a qualifying residence exemption..., section 7(6AA) A person also has a qualifying residence..., section 500(1) Qualification for PP, see (b), (c) and (d), section 23(1)-'lone parent'

Policy reference: SS Guide 7.1.2.20 Portability Table

104 weeks in Australia

The requirement to have been in Australia for a period or periods totalling 104 weeks, allows for broken periods within Australia to count IF the person continued to be an Australian resident. It is not a requirement that the period of 104 weeks residence occurred immediately before claiming PP.

Example: Sacha arrived in Australia as a permanent resident in May 2003, and departed permanently in July 2005, having been in Australia at least 104 weeks during that period. Sacha returned to Australia as a permanent resident in April 2007 and claimed PP. The 104 weeks period is satisfied by the earlier period of residence.

Exception to general rule - international agreement or savings provision

A person who does not satisfy the general residence qualifications may still qualify on the basis of either a:

• scheduled international social security agreement (1.1.A.120), or
• a saving provision (1.1.S.40).

Act reference: SSAct Schedule 1A clause 105A PP (changes introduced 20 March 1998)

Policy reference: SS Guide 3.1.1 Residence Requirements, Part 7 Portability & CFP, Part 10 Australian Social Security Agreements

Exception to general rule - became a lone parent while an Australian resident

If a person became a lone parent while an Australian resident, they do not need to have been in Australia for 104 weeks before qualifying. This is an exception to the general 104-week rule that usually applies.

A person can satisfy this residence criteria IF they:

• are not a member of a couple, AND
• lodged their current claim for PP during a continuous period of Australian residence, regardless of the duration of that residence, AND
• either were a member of a couple, OR did not have a dependent child (1.1.D.70) at the beginning of that period of residence.

Example 1: Julie was single and arrived in Australia as a permanent resident on 10 August 2006. Julie's first child was born on 23 March 2007, and she subsequently claimed and received PP under section 500D(2) as she was not a member of a couple.

Example 2: Michael first arrived in Australia as a permanent resident on 14 July 2006, and his partner died on 23 March 2007. Michael subsequently claimed and received PP under section 500D(2) as he is not a member of a couple.

The exception does not always apply to a person who ceases to be a member of a couple or has a child or gains the care of a child while an Australian resident.

Explanation: This is because the person may have been a lone parent at the start of their current period as an Australian resident.

Example: Lois first arrived in Australia as a permanent resident on 11 July 2005, with her partner. They separated on September 2005, and Lois departed Australia permanently on 17 November 2005. Lois returned to Australia as a permanent resident (and still a lone parent) on 23 August 2006, and claimed PP the same day. Lois did not qualify for PP under section 500D because although she was not a member of a couple, she had a dependent child at the beginning of her period of residence.

If a single person has qualified for PP on the basis of this provision, their qualification may change if they become a member of a couple.

Example: Annie first arrived in Australia as a permanent resident on 23 March 2006, with her partner, but did not qualify for PP because of the 104 weeks rule. Annie separated on 11 July 2006, claimed PP the same day, and was granted in respect of her 2 year old child. Annie reconciled with her partner on 15 August 2006, and no longer satisfied the qualification provision as a single parent. Because she did not yet satisfy the 104 weeks rule either, qualification ceased on 15 August 2006.

Act reference: SSAct section 23(1)-'lone parent'

Policy reference: SS Guide 7.1.2.20 Portability Table, 3.5.1.10 Qualification Summary for PP, 9.1.2.40 New Zealand Citizens

_______________________________________________________

Last reviewed: 21 March 2011