EXPLANATORY STATEMENT
Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2000
Prior to 20 September 2000, the Social Security Act 1991 (the Act) provided at subparagraphs 739A(3)(b)(i) and (ii) that a person who was the holder of a subclass 820 visa—Extended eligibility (spouse) (subparagraph 739B(3)(b)(i)) or a subclass 826 visa—Interdependency (subparagraph 739B(3)(b)(ii)) was subject to a newly arrived resident’s waiting period that started on the day the person applied for the visa and ended when the person had been in Australia for a period of 104 weeks after the day the person applied for the visa. Subparagraph 739B(3)(b)(iii) of the Act provided that the Minister could determine a visa that is in a class of visas for the purposes of that subparagraph.
The Social Security and Veterans' Affairs Legislation Amendment (Miscellaneous Matters) Act 2000 (Act Number 94 of 2000) amended the Act to simplify the rules relating to a newly arrived resident’s waiting period before special benefit is payable.
As part of this simplification exercise, the amending Act repealed and substituted paragraph 739A(3)(b) of the Act. This means that the class of visas previously specified in the repealed subparagraphs would be required to be determined by the Minister under paragraph 739A(3)(b) of the Act, as in fact would any future class of visas.
The Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2000 (the Determination) adds all of the class of visas that were previously included in subparagraphs 739B(3)(b)(i) and (ii) of the Act so that they are now specified under paragraph 739B(3)(b) of the Act. The Determination also includes subclass 309—Spouse (Provisional) and subclass 310—Interdependency (Provisional) visas as being visas the holder of which is subject to a newly arrived resident’s waiting period that starts on the day the person applied for the visa and ends when the person has been in Australia for a period of 104 weeks after the day the person applied for the visa.
The Determination amends the Social Security (Newly Arrived Resident’s Waiting Periods) Determination 1997 by omitting paragraph (f) of section 2 of that determination. Paragraph 2(f) applied to subparagraph 739A(3)(b)(iii) of the Act, as previously in force, so that subclass 309—Spouse (Provisional) and subclass 310—Interdependency (Provisional) visas which were visas, the holder of which was subject to a newly arrived resident’s waiting period that started on the day the person applied for the visa and ended when the person has been in Australia for a period of 104 weeks after the day the person applied for the visa. Paragraph 2(f) of the Social Security (Newly Arrived Resident’s Waiting Periods) Determination 1997 is no longer necessary because it is included in the Social Security (Declaration of Visa in a class of Visas—Newly Arrived Resident’s Waiting Period for Special Benefit) Determination 2000.
The Social Security and Veterans' Affairs Legislation Amendment (Miscellaneous Matters) Act 2000 (Act Number 94 of 2000) also amended the Act by repealing section 25A and repealing and substituting subsection 739A(6).
Therefore, following the changes to the Act made by the Social Security and Veterans' Affairs Legislation Amendment (Miscellaneous Matters) Act 2000 the previous declaration by the Minister under section 25A of the Act, as previously in force, are required to be continued. The Determination also repeals the Social Security (Declaration of Visas as Approved Visas) Determination No. 1 of 1999. This determination provided that subclass 785 (Temporary Protection) visa, was a visa, the holder of which, or the former holder of which, was not subject to a newly arrived resident’s waiting period for special benefit.
Previously, a determination by the Minister under section 25A allowed the Minister to declare that a person holding, or being a former holder, of a specified visa that the specified visa would be a recognised visa for the purposes of paragraph 7(6C)(c) of the Act. A person holding such a visa would meet the definition of “exempt resident” in subsection 7(6C). This allowed the person to have a qualifying residence exemption for special benefit under subsection 7(6A) of the Act. A person having a qualifying residence exemption for special benefit was not subject to a newly arrived resident’s waiting period (previously paragraph 739A(6)(a) of the Act).
The Determination adds this visa and also includes subclass 786 (Class UO) Temporary (Humanitarian Concern), subclass 832—Close ties and subclass 833—Certain unlawful citizens visas, as being visas, the holders of which, or the former holders of which, will not be subject to a newly arrived resident’s waiting period for special benefit.
The Determination commences on gazettal.