3.7.2.10 SpB for Newly Arrived Residents

Introduction

SpB is subject to a 104 week NARWP.

The following are not required to serve a NARWP:

• a person who arrived in Australia as a refugee,
• a person who is a family member of a refugee or a former refugee at the time the former refugee arrived in Australia,
• a person who is an Australian citizen,
• a person who is a family member of an Australian citizen,
• a person who has lawfully been a permanent resident of Australia at any time for a continuous period of no less than 2 years,
• a person who is a family member of a person who has lawfully been a permanent resident of Australia at any time for a continuous period of no less than 2 years,
• a person who holds or was the former holder of a visa subclass 070, 447, 451, 695, 785, 786, 787, 832, 833 or a CJSV granted to people assisting in the administration of criminal justice in relation to people trafficking, sexual servitude or deceptive recruiting, or
• a person who has suffered a substantial change of circumstances beyond their control.

Note 1: A family member is defined by SSAct section 7(6D) as a partner or dependent child of a person, or a person who should be treated as a partner or dependent child in the opinion of the Secretary.

Note 2: The NARWP for a person who holds a visa subclass 309, 310, 820 or 826 commences from the visa application date.

Note 3: From 1 January 2012, a person who holds a temporary visa subclass 309 or 820 (Spouse/Partner) or a temporary visa subclass 310 or 826 (Interdependency) who applies for SpB will no longer be exempt from the SpB NARWP as the family member of an Australian citizen/resident. For applications for SpB made from 1 January 2012 these temporary visa holders will be required to serve the SpB 2 year NARWP unless they have experienced both financial hardship AND a substantial change in circumstances beyond their control after arrival in Australia. Refer 3.7.1.20 Payability of SpB.

Act reference: SSAct section 7(6D) ... family member, in relation to a person, means ..., section 729(2)(f)(v) Qualification for special benefit, section 739A(3)(b) Before, on or after the commencement of this subsection..., section 739A(6) Neither subsection (1) nor (2) applies..., section 739A(8) Paragraphs 3(1)(e) and (g) of the Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Act 1997 ... do not apply to a person if ...

Policy reference: SS Guide 3.7.2.20 Substantial Change in Circumstances for SpB

_______________________________________________________

Last reviewed: 3 January 2012