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Residence assessment for customers claiming JobSeeker Payment (JSP) 001-19051536

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This document outlines the procedure to determine whether a claimant for JobSeeker Payment (JSP) satisfies the residence requirements to qualify for payment. The assessment includes whether the customer is residentially qualified to lodge a legal claim for payment and whether they are required to serve the Newly Arrived Resident's Waiting Period (NARWP).

On this page:

Determining residence requirements for JobSeeker Payment (JSP)

Assessing if the NARWP has been served or there is an exemption

Determining residence requirements for JobSeeker Payment (JSP)

Table 1

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Step

Action

1

Residence requirements for JSP

To qualify for JSP the customer must meet all of the following:

The length of the NARWP is determined by the visa subclass and grant date of the customer's first permanent residence visa.

  • The customer will have a 2 year (104 week) NARWP if:
    • their first permanent residence visa was granted before 1 January 2019, or
    • they hold or have held a visa subclass 115, 117, 835 or 837
  • Otherwise, the customer is required to serve a 4 year (208 week) NARWP

Note: there are exceptions to these requirements.

The new claim workflow will present the Immigration Enquiry (RSIMME) screen. Ensure the customer's country of birth and any travel documents are recorded. The system will automatically link to the Department of Home Affairs information and update the customer's residence and movement information. For more information, see Activating the Department of Home Affairs datalink and contingency procedures if datalink is unavailable.

2

Check residence details provided by the Immigration Datalink

Check :

  • the Immigration Advised Movements (RSIM) screen to see the customer was in Australia at the time the claim was lodged
  • if the Immigration Limiting Date (ILD) needs to be changed to an earlier date to capture all movements.
  • Check the Legal Residence Details (RSLEG) screen for citizenship and/or visa details for the customer

For more information, see Residence and Portability screens.

If the customer is:

3

Customer is not in Australia

The customer can only lodge a legal claim for JSP while they are outside Australia if they meet an exception to the lodgement inside Australia rule.

Does the customer meet an exception to the lodgement inside Australia rule?

  • Yes, and they are:
    • an Australian resident, see Table 2 > Step 1
    • not an Australian resident (for example, they are a non-protected SCV holder or they hold a temporary visa), go to Step 4
  • No, customer cannot lodge outside Australia:
    • Advise the customer to lodge a claim if they return to Australia in the future
    • Continue to assess the claim. The claim will reject for a residence related reason
    • Procedure ends here

4

Check if the customer is a non-protected Special Category visa (SCV) holder

Only New Zealand citizens can be the holder of an SCV. The New Zealand Residence Status field on the RSLEG screen will indicate whether someone is a protected (GRF or TRA) or non-protected (NOT) SCV holder.

For more information on SCVs, see Australian Residence Rules for New Zealand citizens.

Is the customer a non-protected SCV holder?

5

Non-protected SCV holder

Has the customer lived continuously in Australia for a period of at least 10 years at the time of making their claim?

6

Non-protected SCV holder, does not meet residence requirements

A non-protected SCV holder who has not been living in Australia continuously for 10 years at the time of making their claim will not meet residence requirements for JSP.

Continue to assess the claim. The claim will reject for a residence related reason.

A non-protected SCV holder must obtain permanent residence status before they have entitlement to most payments and concessions.

If a non-protected SCV holder is granted:

  • Australian citizenship, they will have an exemption from the NARWP from the date the Australian citizenship is granted
  • a permanent residence visa, any periods of presence as an Australian resident can be counted towards the NARWP. Periods of presence as an Australian resident prior to 26 February 2001 are counted towards the NARWP if the customer now has a permanent visa. An exemption from the NARWP cannot apply to these customers until they obtain a permanent residence visa

Exception: the NARWP for a Low Income Health Care Card (LIC) and Commonwealth Seniors Health Card (CSHC) can be served by non-protected SCV holders. To qualify for an ex-Carer Allowance Health Care Card (EHC) and serve the NARWP, an SCV must be protected.

The following payments and services can be received by a non-protected SCV holder and may be offered to the customer where appropriate:

Note: if a non-protected SCV holder has a child who is an Australian citizen, permanent visa holder or holder of a certain temporary visa that qualify customers for some payments, they may be eligible to claim SpB for the child. See Special Benefit (SpB) for Australian Citizen Child (ACC) and Australian permanent resident children.

Procedure ends here.

7

Customer is not an Australian resident

The customer may be entitled to some of the following, if appropriate offer the customer:

  • Parental Leave Pay (PPL) and family assistance or the Low Income Health Care Card (LIC) if the customer has a certain temporary visa that qualify customers for some payments
  • Child Care Subsidy (CCS) if the customer has dependent children
  • Assistance to look for work. To check a customer's entitlement, see Employment services for visa holders
  • Payments using an international agreement. Generally, this only applies to Age Pension, Disability Support Pension (DSP) in limited circumstances and Carer Payment (CP). See New Zealand agreement information
  • Special Benefit (SpB) in a number of circumstances, including if the customer
    • is in hardship and has suffered an unexpected and significant change in circumstances since being in Australia as the holder of a certain temporary visa that qualify customers for some payments, even though they may not be an Australian resident
    • is not residentially qualified for any social security payments because they do not hold the required legal residence (for example they are a non-protected SCV holder) but they have a child who is an Australian citizen, permanent visa holder or holder of a certain temporary visa that qualify customers for some payments, they may be eligible to claim SpB for the child. See Special Benefit (SpB) for Australian Citizen Child (ACC) and Australian permanent resident children

Procedure ends here.


Assessing if the NARWP has been served or there is an exemption

Table 2

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Step

Action

1

Check if the customer has already served the Newly Arrived Resident's Waiting Period (NARWP)

Check the Periods of Australian Presence (RSPAP) screen. This screen displays the periods the customer has been physically in Australia while an Australian resident.

If the customer was granted their first permanent residence visa:

  • before 1 January 2019, or they hold or have held a visa subclass 115, 117, 835 or 837 they are required to serve a 2 year (104 week) NARWP
  • on or after 1 January 2019, they are required to serve a 4 year (208 week) NARWP

Has the customer been an Australian resident in Australia for the required period?

  • Yes, they have served the NARWP and meet residence requirements for JSP:
    • Continue to assess their claim. If the claim is rejecting NIA (Not in Australia) do not finalise, see Table 2 in Australian residence requirements for payment
    • Procedure ends here
  • No, go to Step 2

2

Check citizenship

A customer who is an Australian citizen has an automatic exemption from the NARWP. Service Officers must:

  • verify citizenship. To determine if the customer is an Australian citizen, see Proof of Australian citizenship
  • code country of citizenship on the Legal Residence Details (RSLEG) screen

Is the customer an Australian citizen?

  • Yes, the customer is exempt from the NARWP and they meet residence requirements for JSP:
    • Check the details are recorded correctly on the RSLEG screen
    • Continue to assess the claim.
    • If the claim is rejecting NIA (Not in Australia) do not finalise, see Table 2 in Australian residence requirements for payment
    • Procedure ends here
  • No, go to Step 3

3

Check if a refugee visa is or was held

A customer who is a refugee or former refugee has an automatic exemption from the NARWP.

To determine if the customer is a refugee or former refugee, go to the RSLEG screen.

If the customer's visa subclass (either now or previously) was a refugee visa, it should have been automatically recorded on this screen from the Immigration Datalink. Refugee visas can be determined using:

If the customer advises they were or currently are a refugee and this is not evident on the RSLEG screen or from their passport, contact Centrelink International Services (CIS) or refer to CIS via the Immigration Match Questionnaire (IMQ).

Note: if an exemption from the NARWP applies, the customer may be entitled to Family Tax Benefit (FTB), Paid Parental Leave (PPL) or Carer Allowance (CA).

Is the customer a refugee or former refugee?

  • Yes, they are exempt from the NARWP and meet residence requirements for JSP
    • Check the visa details are recorded correctly on the RSLEG screen
    • Continue to assess their claim. If the claim is rejecting NIA (Not in Australia) do not finalise, see Table 2 in Australian residence requirements for payment
    • Procedure ends here
  • No, go to Step 4

4

Check visa subclass 852

A customer who holds, or has held, visa subclass 852 is exempt from the NARWP.

Check the RSLEG screen for a current or previous visa subclass 852. This can also generally be found in the customer’s passport.

Note: if an exemption from the NARWP applies, the customer may be entitled to FTB, PPL or CA.

Is the customer the holder (or former holder) of a visa subclass 852?

  • Yes, they are exempt from the NARWP and meet residence requirements for JSP
    • Check the visa details are recorded correctly on the RSLEG screen
    • Continue to assess their claim. If the claim is rejecting NIA (Not in Australia) do not finalise, see Table 2 in Australian residence requirements for payment
    • Procedure ends here
  • No, go to Step 5

5

Family member of a refugee or former refugee

A customer who is a family member of a refugee or former refugee is exempt from the NARWP.

For this purpose, family members include the following:

  • a partner of the person
  • a dependent child of the person
  • another person who, in the opinion of the Secretary, should be treated for the purposes of this definition as a partner or dependent child of the person.

To be eligible for an exemption as the family member of a refugee or former refugee, a person must have been a family member both:

  • at the time the refugee or former refugee became a refugee (that is the date they were granted their permanent refugee visa) and
  • currently or when the refugee or former refugee died

Note: if the family member is now an Australian citizen, they are no longer considered to be a refugee (they are a former refugee) but the customer can still be covered by this exemption provision.

The system does not automatically assess the 'family member of a refugee' NARWP exemption. The Service Officer must manually determine if the customer meets this exemption.

Initially check if:

  • the customer answered Yes to the claim question Did your partner/either of your parents arrive in Australia on a refugee or a humanitarian visa?
  • warning message Cust ptr/parents arrived in AU as a refugee. Check NARWP exemption - see OB 005-02020020 presents in Process Direct when processing a claim
  • RFGEQRE keyword is on the claim activity – the customer has indicated in their online claim that their partner or parent is a refugee
  • there is information on the customer’s record that indicates they may be the family member of a refugee

Does the customer have a family member who could be considered under this exemption?

6

Check if the customer is eligible for a lone parent exemption

JobSeeker Payment (JSP) customers who are eligible for the lone parent exemption are not subject to the NARWP.

To be considered a lone parent the customer must have a dependent child and not be a member of a couple. This may either be a person who:

  • was partnered, with a child, and then separated
  • was single, with no child, who then had a child

To be eligible for the lone parent exemption the customer must:

  • be the principal carer of a dependent child, and
  • not be a member of a couple, and
  • not be a lone parent on the start date of their current period as an Australian resident

See Resources page for examples of current period.

Could the customer’s circumstances meet the provision?

7

Assessment of the NARWP

The end date of the NARWP (assuming the customer remains in Australia) is calculated and displayed on the Periods of Australian Presence (RSPAP) screen. This can be used to advise the customer of future entitlement.

If the NARWP end date is more than 13 weeks in the future, the claim will automatically:

  • Reject NW2 (Residence less than 104 weeks), or
  • Reject NWA (NARWP assessment not met)

Note: where the customer's NARWP end date is within 13 weeks, the claim will grant with a status of assessed (ASS). This may mean that the customer will have an assessed claim for up to 13 weeks as they will not be payable until the end of the NARWP.

If the claim is rejecting NW2, NWA or shows as assessed and the customer has been in Australia for the period of the NARWP as an Australian resident, check the Immigration Limiting Date (ILD) is set correctly to count sufficient periods.

If the system calculates that the NARWP has not yet been served and the customer was an Australian resident prior to 1 September 1994, past periods of residence should be recorded on the Country of Residence (CRES) screen.

If the claim is incorrectly granting when the customer has not served or is not exempt from the NARWP, check the Family Member/Refugee Code on the Residence Savings (RSS) screen. If FMC, FME or PRE is coded, refer case to CIS for exemption coding to be ended.

8

Options for customers who are not residentially qualified for JSP

The customer may still be entitled to some of the following. Offer to the customer where appropriate:

  • If the customer who is not a resident of Australia (for example, temporary student visa holder) has any dependent children, they may still be entitled to Child Care Subsidy (CCS)
  • If the customer has an FTB child in their care, they may be entitled to a Low Income Health Care Card (LIC)
  • Depending on the type of visa held and their circumstances, the customer may also have entitlement to some assistance looking for work. See Employment services for visa holders
  • Payments using an international agreement. Generally, this only applies to Age Pension, Disability Support Pension (DSP) in limited circumstances and Carer Payment (CP)
  • Special Benefit (SpB) in a number of circumstances, including if the customer:
    • is in hardship and has suffered an unexpected and significant change in circumstances since being in Australia as the holder of a certain temporary visa that qualify customers for some payments, even though they may not be an Australian resident. Invite the customer to test their eligibility by lodging a claim online or downloading and completing the Claim for Special Benefit form (SU004)
    • is not residentially qualified for any social security payments because they do not hold the required legal residence (for example they are a non-protected SCV holder) but they have a child who is an Australian citizen, permanent visa holder or holder of a certain temporary visa that qualify customers for some payments, they may be eligible to claim SpB for the child. See Special Benefit (SpB) for Australian Citizen Child (ACC) and Australian permanent resident children