EXPLANATORY STATEMENT
Social Security (Declaration of Subclass 851 of Resolution of Status (Class CD) Visa Holders as Refugees) Determination 2008
Purpose
The purpose of this Determination 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 holders of this visa to have immediate access to social security payments without having to meet any prior residence requirements.
Background
Under the social security law, long term social security payments such as Age and Disability Support Pensions have a qualifying residence requirement of ten years. Some income support payments such as Carer Payment and Special Benefit have a “newly arrived resident’s waiting period” of two years.
However, a person has a qualifying residence exemption from all waiting periods for specified pensions and benefit payments, if the person is a refugee under section 7(6) of the Social Security Act 1991 (the Act).
Subparagraph 7(6B)(c)(iii) of the Act provides that a person is a refugee for the purposes of this 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 of the Act.
Section 25 of the Act provides that if the Minister is of the view that a person holding a visa class should be regarded as a refugee for the purposes of section 7, the Minister may, by legislative instrument, declare that class of visas to be a class of visas for the purposes of subparagraph 7(6B)(c)(iii).
This Determination would ensure that holders of a subclass 851 of Resolution of Status (Class CD) visa will be treated as refugees for the purposes of subparagraph 7(6B)(c)(iii) and thereby have a qualifying residence exemption under section 7(6) of the Act.
Explanation of the provisions
Section 1 of the Determination states the name of the legislative instrument.
Section 2 states that the Determination commences on 9 August 2008.
Section 3 contains a definition of the term Act.
Section 4 provides that subclass 851 of Resolution of Status (Class CD) visa is declared to be a class of visa for the purposes of subparagraph 7(6B)(c)(iii) of the Act.
Consultation
This Determination was prepared in consultation with the Department of Immigration and Citizenship and the Department of Education, Employment and Workplace Relations (DEEWR). DEEWR are to prepare a Determination under section 25 of the Act for the same purpose.
Regulatory Impact
The Determination does not require a Regulatory Impact Statement. The Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.