EXPLANATORY STATEMENT
Social Security (Class of Visas—Qualification for Special Benefit) Determination 2005 (No. 2)
The Social Security (Class of Visas—Qualification for Special Benefit) Determination 2005 (No. 2) (the determination) is made under subparagraph 729(2)(f)(v) 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 070 (Bridging (Removal Pending)) (Class WR) visa to be able to qualify for special benefit.
The holders of these subclass 070 visas are unlawful non-citizens who have been held in detention centres for extended periods because of a variety of reasons that have made their removal from Australia difficult. The holders of subclass 070 visas are not refugees.
Background
Section 729 of the Act provides the qualification requirements for special benefit. Subparagraph 729(2)(f)(v) provides that a person does not have to be an Australian resident to qualify for a special benefit provided that the person becomes the holder of a visa that is in a class of visas determined by the Minister for the purposes of this paragraph.
Consultation
No consultation in relation to the determination was undertaken because this legislative instrument is of a minor or machinery nature that does not substantially alter existing arrangements.
Explanation of the provisions
Section 1 of the determination states the name of the determination.
Section 2 states that the determination commenced on the day on which it is signed.
Section 3 provides that for the purposes of subparagraph 729(2)(f)(v) of the Act a class of visas is subclass 070 (Bridging (Removal Pending)) (Class WR).