EXPLANATORY STATEMENT
Social Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004 (No. 2)
The Social Security (Class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2004 (No. 2) (the determination) is made under subsection 739A(6) of the Social Security Act 1991 (the Act).
Purpose
The purpose of the determination is to enable any person who is the holder of a subclass 695 (Return Pending (Temporary)) (Class VA) visa to be able to access special benefit without having to serve the newly arrived resident’s waiting period of 104 weeks.
Background
Subsections 739A(1) and (5) of the Act provide that a person is subject to a newly arrived resident’s waiting period of 104 weeks if that person enters Australia on or after the commencement of subsection 739A(1) of the Act, or becomes the holder of a permanent visa, or becomes the holder of a visa that is in a class of visas determined by the Minister for the purposes of subparagraph 739A(1)(e) of the Act. Subsection 739A(1) of the Act commenced on 4 March 1997.
Subsection 739A(6) of the Act enables the Minister to make a determination that neither subsection 739A(1) nor (2) of the Act applies to a person who holds a visa in a class of visas for the purposes of this subsection.
The Minister has also determined under subparagraph 729(2)(f)(v) of the Act that any person who is the holder of a subclass 695 visa will be able to access special benefit. Further, the Minister has determined under subparagraph 729(2)(g)(i) that certain persons who hold a subclass 695 visa will be required to satisfy the activity test set out in section 731A.
Explanation of the provisions
Section 1 of the determination states the name of the determination.
Section 2 states that the determination commences on gazettal.
Section 3 provides that any person who is the holder of a subclass 695 (Return Pending (Temporary)) (Class VA) visa will not be subject to a newly arrived resident’s waiting period.