Social security: change on wait period for carer visas

A new instrument about the wait period for holders of visa subclasses 116 and 836.

Section 201AA of the Social Security Act provides as follows:

(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.

(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).

(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).

The new Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018, which commences on 1 October 2018, includes the following:

Class of visas

For the purposes of subsection 201AA(5) of the Social Security Act 1991 the classes of visas are:

(a)  Subclass 116 (Carer); and

(b)  Subclass 836 (Carer).

5  Repeal of this Instrument

This instrument is repealed at the start of 1 October 2021.


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Sergio Zanotti Stagliorio is a Registered Migration Agent (MARN 1461003). He is the owner of Target Migration in Sydney. He can be reached at sergio@targetmigration.com.au