EXPLANATORY STATEMENT
Social Security (Classes of Refugee Visa) Declaration 2008 (No. 1)
Summary
Section 25 of the Social Security Act 1991 (the Act) allows the Minister for Education, Employment and Workplace Relations and the Minister for Families, Housing, Community Services and Indigenous Affairs to declare that a class of permanent visas is to be a class of visas for the purposes of subparagraph 7 (6B) (c) (iii) of the Act where the Minister is of the view that a person holding that visa class should be regarded as a refugee for the purposes of section 7 of the Act.
The purpose of this Declaration is to enable any person who is the holder of a subclass 851 of Resolution of Status (Class CD) visa to be regarded as a refugee for the purposes of the social security law. This would enable the person to access social security payments without having to serve the newly arrived resident’s waiting period.
Background
Under the social security law, some newly arrived residents are subject to a newly arrived resident’s waiting period during which the person is not eligible to receive certain social security payments.
Under subsection 7 (6) of the Act, the waiting period for qualification for some payments is waived for refugees who have permanent residence in Australia.
Subparagraph 7 (6B) (c) (iii) of the Act provides that a person is a refugee for the purposes of the section if the person is a holder of a permanent visa of a class referred to in a declaration of the Minister under section 25.
This Declaration declares subclass 851 of Resolution of Status (Class CD) visa as a class of visas for the purposes of subparagraph 7 (6B) (c) (iii) of the Act. Thus, it has the effect of exempting holders of Class CD visas from the newly arrived residents waiting period, and those people will be able to access social security payments from the day they are granted the visa (subject them to meeting the other eligibility and payability criteria for those payments).
Explanation of Provisions
Section 1 of the Declaration states the name of the Declaration.
Section 2 states that the Declaration commences on 9 August 2008, which is the date that amendments to the Migrations Regulations 1994 creating subclass 851 of Resolution of Status (Class CD) visa commence.
Section 3 contains interpretation provisions.
Section 4 specifies that subclass 851 of Resolution of Status (Class CD) visa is a class of visa for the purposes of subparagraph 7(6B)(c)(iii) of the Act.
Consultation
The Department of Families, Housing, Community Services and Indigenous Affairs was consulted during the preparation of this Declaration. This was done to ensure a co-ordinated and consistent approach to the treatment of subclass 851 of Resolution of Status (Class CD) visas under the Act.
This instrument is beneficial to income support recipients. Public consultation was therefore seen as unnecessary.
Regulatory Impact Analysis
This determination does not require a Regulatory Impact Statement. This determination will have negligible impact on business activity and no compliance or competition impacts.