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This instrument is repealed at the start of 1 October 2021.

Disclaimer: the above is a mere reproduction of some pieces of legislation. The views expressed in those documents might not reflect the view of the Department, the AAT or the courts. The law or policies might have changed between the writing and reading of this article. The author of this article and Migration Law Updates disclaim any liability for any action (or omission) on their part based on any information provided (or not provided) in this article and are under no obligation to keep the general public nor practitioners informed about the matters discussed in this article or any other matters, or any future changes to any of those matters. It is the responsibility of each practitioner to obtain access to primary sources of law and policy by themselves and to carry out their own research and come to their own conclusions on legislation, case law, policies and more. This article is not intended for the general public.

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

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