9.4.1.10 Introduction to the AoS Scheme

Summary

The primary objective of the AoS scheme is to protect social security outlays while allowing the migration of people who might otherwise not normally be permitted to come to Australia. Visa applicants (assurees) with a high likelihood of requiring income support, for example in the family reunion categories, are permitted to migrate to Australia on condition that an assurer, an Australian resident, assumes:

• financial responsibility for the new arrival's (the assuree's) support for the duration of the new arrival's AoS period, and
• responsibility for the repayment of any recoverable social security payments received by the assuree during the AoS period.

The AoS scheme is required despite the 2-year NARWP policy because many family migrants, for example partners, are effectively exempt from the waiting period. This exemption from the NARWP on the basis of being a family member, however, does not apply for temporary spouse, partner and interdependency visa holders who apply for SpB from 1 January 2012 (refer 3.7.2.10 SpB for Newly Arrived Residents, Note 3). It is also required because if a person's circumstances change beyond their control they may be eligible for payment of SpB, even if they are subject to the NARWP.

Recoverable social security payments

Recoverable social security payments under the AoS scheme are:

• newstart allowance,
• youth allowance,
• austudy payment,
• widow allowance,
• mature age allowance,
• partner allowance,
• sickness allowance,
• CrP where the primary payment is recoverable,
• parenting payment (partnered),
• parenting payment (single), and
• special benefit.

New payments may be added to the list in the future and may also be recoverable.

The following are also recoverable if they are received with one of the payments listed above:

• rent assistance,
• employment entry payment,
• education entry payment,
• pensioner education supplement,
• fares allowance,
• language, literacy and numeracy supplement,
• utilities allowance,
• telephone allowance,
• work for the dole supplement, and
• certain supplementary payments if the primary payment is recoverable.

If the assuree receives any of these social security payments during the period in which the AoS is in effect, the full amount paid to the assuree becomes a debt to the Australian Government, and is to be repaid by the assurer.

Act reference: SSAct Chapter 2C Assurances of support, section 1061ZZGA What is an assurance of support?, section 1061ZZGG Liability to pay for social security payments, section 1227 Assurance of support debt

Policy reference: SS Guide 1.1.A.310 Assuree, assurer, assurance of support, assurance of support security, 6.7.1.30 Assurance of Support Debts

Types of assurances of support

Please note that not all visas require an AoS. DIAC decides which visa applications require an AoS. If an AoS is requested by DIAC, it MUST be provided.

There are 2 types of AoSs:

• mandatory - security required, and
• discretionary - security not required.

If the visa applied for by the migrant carries a MANDATORY AoS provision, the migrant MUST arrange for an acceptable AoS to be provided, including the lodgement of a security for the required amount by way of a bank guarantee.

If the visa applied for carries a DISCRETIONARY AoS requirement, DIAC will decide whether the migrant requires an AoS. In discretionary cases, no lodgement of a security is required.

Act reference: SSAct section 1061ZZGB Who may give an assurance of support?

Policy reference: SS Guide 1.1.A.310 Assuree, assurer, assurance of support, assurance of support security, 9.4.3 AoS - Requirements of an Assurer

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Last reviewed: 3 January 2012