Residence assessment for customers claiming Special Benefit (SpB) 003-08030070

To qualify for SpB, a customer must be either:

• an Australian citizen
• the holder of a permanent residence visa or a protected SCV holder, or
• the holder of a certain temporary visas that qualify customers for some payments.

The 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 immigration and update the customer's visa and movement information. See Activating the Department of Home Affairs datalink and contingency procedures if datalink is unavailable.

Check the Legal Residence Details (RSLEG) for citizenship and/or visa details for the customer. Note: this screen also shows whether someone is a protected SCV holder (GRF or TRA) or a non-protected SCV holder (NOT). A non-protected SCV holder is not eligible for SpB. For more information on SCVs, see Australian Residence Rules for New Zealand citizens.

Does the customer hold the required legal residence status or a relevant visa?

• Yes, go to Step 2
• No, the customer is not eligible for SpB
• If the customer is a non-protected SCV holder, go to Step 5
• For all other cases, go to Step 6

As well as having the required legal residence, a customer must be residing in Australia to be eligible for payment. See Table 4 in Assessing if a customer is an Australian resident

Is the customer residing in Australia?

• Yes, ensure the Country of Residence (CRES) screen is coded with Australia from the relevant date. Go to Step 3
• No, the customer is not eligible for SpB. Go to Step 6

Check the Immigration Advised Movements (RSIM) screen to see if the customer was in Australia on the day the claim was lodged.

Was the customer in Australia on the day the claim was lodged?

• Yes, see Step 1 in Table 2
• No, go to Step 4

The customer can only lodge a legal claim for SpB 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, see Step 1 in Table 2
• No, the customer cannot lodge outside Australia, therefore is not eligible for SpB. Tell the customer to lodge a claim if they return to Australia in the future. Go to Step 6

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

Non-protected SCV holders must get permanent residence status before they are entitled 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, including periods before 26 February 2001 can be counted towards the NARWP.

Exception: the NARWP for a Low Income Health Care Card (LIC) and Commonwealth Seniors Health Card (CSHC) can be served by any claimant who arrived in Australia on a New Zealand passport. They may be a protected or a non-protected SCV holder. However, a non-protected SCV holder cannot qualify for an ex-Carer Allowance Health Care Card (ECH).

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

• If a non-protected SCV holder has a child who is an Australian citizen, the holder of a certain temporary visas that qualify customers for some payments or the holder of a permanent visa, they may be eligible to claim SpB for the child. They will need to lodge an SU721 form. See Special Benefit (SpB) for Australian Citizen Child (ACC) and Australian permanent resident children
• Parental Leave Pay (PPL), family assistance and concession cards (excluding EHC)
• Assistance to look for work. To check a customer's entitlement, see Employment services for visa holders
• One-off payment of either JobSeeker Payment (JSP) or Youth Allowance (YA) for a non-protected SCV holder who qualifies for a New Zealand 10 year residence exemption
• Age Pension, Disability Support Pension (DSP) in limited circumstances and Carer Payment (CP) for the partner of a DSP recipient using the International Agreement with New Zealand

Procedure ends here.

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

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

• If a customer is not residentially qualified for any social security payment, but they have a child who is an Australian citizen, the holder of a certain temporary visas that qualify customers for some payments or the holder of a permanent visa, they may be eligible to claim SpB for the child. They will need to lodge an SU721 form. See Special Benefit (SpB) for Australian Citizen Child (ACC) and Australian permanent resident children
• Child Care Subsidy (CCS) if the customer has any 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)

An Australian citizen has an automatic exemption from the NARWP. Citizenship must be verified. For more details, see Proof of Australian citizenship.

Country of citizenship details are recorded on the Legal Residence Details (RSLEG) screen.

Is the customer an Australian citizen?

• Yes, they are not subject to a NARWP and they meet the residence requirements for SpB
• Ensure the details are recorded correctly on the RSLEG screen
• Continue to assess the claim. If the claim rejects NIA (Not in Australia) phone Centrelink International Services
• Procedure ends here
• No, go to Step 2

The holder or former holder of a visa subclass 060, 070, 449, 785 (class XA and class XD), 786, 790 or ZB 951 (Criminal Justice Stay Visa (CJSV)) has an automatic exemption from the NARWP for SpB.

Note: if the customer is the holder or former holder of a CJSV (subclass ZB 951) the claim or review of the visa must be referred to the Special Benefit helpdesk before proceeding. This is to make sure they held the correct visa for payment as there are different reasons for the issue of this visa. The customer is only qualified when it is issued specifically in relation to an offence of trafficking in persons, slavery or slavery-like practices. The Resources page contains information about how to submit an enquiry to the Special Benefit Level 2 Policy Helpdesk.

Check the RSLEG screen for visa details.

Does the customer hold one of these visas?

• Yes, they are exempt from the NARWP and they meet the residence requirements for SpB
• Continue to assess the claim. If the claim rejects NIA (Not in Australia) phone Centrelink International Services.
• Procedure ends here
• No, go to Step 3

If the customer was granted their first permanent residence visa (or applied for a 309 or 820 visa):

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

Has the customer been in Australia as an Australian resident, or for a 309 or 820 visa holder since the visa application date, for at least 2 years (104 weeks) or 4 years (208 weeks) or a combination totalling the required period?

• Yes, they have served the NARWP and meet the residence requirements for SpB
• Continue to assess the claim. If the claim rejects NIA (Not in Australia) phone Centrelink International Services
• Procedure ends here
• No, go to Step 4

An automatic exemption from the NARWP applies to a customer who is a refugee or former refugee.

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

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

• Chapter 9 of the Social Security Guide, or
• Refugee, Humanitarian and Permanent Protection Visa sub-classes

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

Is the customer a refugee or former refugee?

• Yes, they are exempt from the NARWP
• Make sure the visa details are recorded correctly on the RSLEG screen
• Continue to assess the claim. If the claim rejects NIA (Not in Australia) phone Centrelink International Services
• Procedure ends here
• No, go to Step 5

An automatic exemption from the NARWP applies to a customer who is a family member of refugee or former refugee.

For this purpose, family members include:

• 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. See Steps 4-7 of Restricted portability assessment procedure for Centrelink International Services Staff

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 arrived in Australia and
• currently or when the refugee or former refugee died

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

• Yes, go to Step 6
• No, go to Step 9

Was the customer a family member of a refugee or former refugee when the refugee or former refugee arrived in Australia?

• Yes, and the refugee or former refugee:
• is still alive, go to Step 7
• has since died, go to Step 8
• No, this exemption doesn’t apply, go to Step 9

Note: if the family member was a refugee but is now an Australian citizen, they are now considered to be a former refugee. The customer may still be covered by this exemption provision.

Is the customer currently the family member of a refugee or former refugee?

• Yes, they are exempt from the NARWP and meet the residence requirements for SpB
• Once the claim is fully assessed, refer case to CIS for exemption coding
• Continue to assess the claim. If the claim rejects NIA phone Centrelink International Services
• Procedure ends here
• No, this exemption doesn’t apply, go to Step 9

Was the customer the family member of a refugee or former refugee when the refugee or former refugee died?

• Yes, they are exempt from the NARWP and meet the residence requirements for SpB
• Once the claim is fully assessed, refer case to CIS for exemption coding
• Continue to assess the claim. If the claim rejects NIA phone Centrelink International Services
• Procedure ends here
• No, go to Step 9

Has the customer suffered a substantial change in circumstances beyond their control resulting in severe financial hardship and the change in circumstances occurred after the start of the customer's NARWP? See the Resources tab of Processing Special Benefit (SpB) claims for examples of substantial change of circumstances.

Note: if this exemption from the NARWP applies, the customer will also be entitled to a NARWP exemption for Family Tax Benefit (FTB), Parental Leave Pay (PPL), Dad and Partner Pay (DAP) and Carer Allowance (CA).

• Yes, they are exempt from the NARWP and meet the residence requirements for SpB
• Make sure the CRES screen is coded with the customer currently residing in Australia
• Manually code the exemption on the SPL Start Date Calculator (NSL) screen
• Continue to assess the claim. If the claim rejects NIA phone Centrelink International Services
• Procedure ends here
• No, go to Step 10

If the customer has not yet served the NARWP, and an exemption does not apply, the system will automatically:

• reject the claim:
• NW2 (Residency less than 104 weeks)
• NWA (NARWP assessment not met), or
• grant with a status of assessed and a start date in the future but will not be payable as there are no early claim provisions for SpB

If the system is auto granting SpB with a start date of more than 13 weeks in the future, (for example, because the customer will serve the NARWP within 13 weeks):

• as there are no early claim provisions for SpB, manually reject the claim on the Benefit Action (BA) screen reason 'NCC' (Migrant 2 year waiting period - no circumstance change) or 'NCA' (migrant 4 year waiting period - no circumstance change) before finalising the claim
• an automatic letter will be issued

If the claim is rejecting NW2 or NWA and there is no substantial change in circumstances:

• manually reject the claim on the Benefit Action (BA) screen reason:
• 'NCC' (Migrant 2 year waiting period - no circumstance change), or
• 'NCA' (migrant 4 year waiting period - no circumstance change) before finalising the claim
• an automatic letter will be issued

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

If the claim is showing as Assessed (ASS) or Rejected (REJ) 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 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.

Is the customer residentially qualified for SpB?

• Yes, this procedure ends here, continue to assess the claim.
• No, go to Step 11

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

• If the customer has a FTB child in their care, they may be entitled to a Low Income Health Care Card (LIC)
• 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, DSP in limited circumstances and CP