Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018

Overview

The Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018 was enacted to address the gap in the waiting period for the Carer Payment for newly arrived residents who hold a Subclass 116 (Carer) or Subclass 836 (Carer) visa. This legislation was made under the authority of subsection 201AA(5B) of the Social Security Act 1991. The policy objective of this Determination is to ensure that the waiting period for the Carer Payment is appropriately adjusted for these specific visa subclasses, thereby providing timely support to carers who have recently arrived in Australia and are in need of financial assistance. This legislative instrument was created to ensure clarity and specificity in the application of the Social Security Act 1991 regarding the eligibility and waiting periods for newly arrived residents seeking the Carer Payment. The Determination specifies the classes of visas for which the waiting period adjustments apply, ensuring that the law operates efficiently and effectively within the existing legislative framework.

Scope and Application

The Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018 applies to individuals who hold a Subclass 116 (Carer) or Subclass 836 (Carer) visa and seek to claim a Carer Payment under the Social Security Act 1991. This legislative instrument specifically targets newly arrived residents in Australia who need to meet certain waiting periods before they can qualify for a Carer Payment. The determination sets out the waiting period requirements for these visa holders, thereby clarifying their eligibility for the benefit. The instrument extends to the Commonwealth of Australia and is subject to the overarching provisions of the Social Security Act 1991, which governs the administration of social security benefits in Australia. There are no specific exclusions or exemptions outlined in the determination itself, but the general eligibility criteria and requirements of the Social Security Act 1991 apply. The determination can be further modified or extended through subordinate instruments, although none are explicitly mentioned in this particular legislative instrument. The Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018 was registered on 26 September 2018 and commenced on 1 October 2018, with subsequent amendments registered and commencing on 3 August 2021 and 4 August 2021 respectively. The determination is a specific application of the broader provisions set out in the Social Security Act 1991 and is designed to provide clarity and specificity regarding the eligibility of certain visa holders for Carer Payments. The notes at the end of the compiled law provide additional information about amending laws, the amendment history, and any editorial changes made in the compilation. Any uncommenced amendments are accessible on the Legislation Register, and any modifications to the compiled law by another law are noted in the endnotes. This legislative instrument ensures that the waiting period requirements for newly arrived residents seeking Carer Payments are clearly defined and implemented in accordance with the broader social security framework in Australia.

Key Provisions

The Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 2018 (sections 2-5) specifies that individuals holding a Subclass 116 (Carer) or Subclass 836 (Carer) visa are exempt from the waiting period requirement for Carer Payment under the Social Security Act 1991. This means that newly arrived residents who are carers can immediately apply for Carer Payment without having to wait for the usual qualifying period. This determination is intended to provide timely support to carers who have recently moved to Australia and need financial assistance. Under this determination, the Department of Human Services and other relevant authorities are required to recognise the exemption for individuals holding the specified visas. This includes ensuring that these individuals are not subjected to the waiting period when they apply for Carer Payment and that their applications are processed in accordance with the exemption. The determination also imposes an obligation on applicants to provide necessary documentation to verify their visa status and eligibility for the exemption. Breaches of the provisions in this determination could result in penalties, although specific penalties are not detailed in the text. Generally, under Australian law, non-compliance with social security regulations can lead to civil or criminal penalties, including fines and, in some cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws governing social security administration. The Department of Human Services has the authority to investigate and take action against individuals or entities found to be in breach of the requirements.