Residence assessment for customers claiming Youth Allowance (YA) and/or Tertiary Access Payment (TAP) 106-06020130

To qualify for YA or TAP as an Australian resident the customer must meet all of the following:

• be an Australian resident (that is, a legal permanent resident who is residing in Australia)
• generally must be in Australia at the time the claim is lodged
• remain an Australian resident throughout the period of payment, and
• satisfy a 2 year (104 week) or 4 year (208 week) Newly Arrived Resident's Waiting Period (NARWP) or alternatively they may have an exemption from the NARWP in certain circumstances.

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.

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

Check the Legal Residence Details (RSLEG) screen for citizenship and/or visa details for the customer.

If the customer is:

• in Australia as:
• an Australian resident, see Table 2 > Step 1
• a non-resident (for example, they are a non-protected SCV holder or they hold a temporary visa), go to Step 5
• not in Australia, go to Step 3

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

Note: for early claims, the customer must be in Australia on either or both:

• the date the claim is lodged
• the date they become qualified for payment

However, payment cannot start or be made for any period the customer is overseas unless the payment is portable. See Youth Allowance (YA) customer going overseas.

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 5
• No, go to Step 4

Tell 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.

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?

• Yes, go to Step 6
• No, go to Step 8

Has the customer been living in Australia continuously for at least 10 years at the time of making their claim?

• Yes, and they are residing in Australia, they may qualify for:
• TAP, and/or
• a one off payment of YA provided they have not already received JobSeeker Payment (JSP), Newstart Allowance (NSA), Sickness Allowance (SA) or YA under this exemption. See New Zealand 10 year residence exemption
• Procedure ends here
• No, go to Step 7

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 before 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 (ECH) 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:

• Paid Parental Leave (PPL), family assistance and concession cards (excluding EHC)
• Child Care Subsidy (CCS) if the customer has any dependent children
• Entitlement to some assistance to look for work. See Employment services for visa holders
• 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

Note: if a non-protected SCV holder has a child who is an Australian citizen, permanent visa holder or holder of certain temporary visas 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.

• Code the correct citizenship and the correct visa subclass on the Legal Residence Details (RSLEG) screen
• Code the customer's country of residence on the Country of Residence (CRES) screen
• 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 to the customer if appropriate:

• Paid Parental Leave (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 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)
• 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
• if a person 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 certain temporary visas 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.

Check the Periods of Australian Presence (RSPAP) screen. This screen shows 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 at least 2 years (104 weeks) or 4 years (208 weeks)?

• Yes, they have served the NARWP and meet the residence requirements for YA and/or TAP
• Continue to assess their claim
• If the claim rejects NIA (Not in Australia), phone Centrelink International Services
• Procedure ends here
• No, go to Step 2

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 the residence requirements for YA and/or TAP
• Check the details are recorded correctly on the RSLEG screen
• Continue to assess the claim, and if the claim rejects NIA (Not in Australia), phone Centrelink International Services
• Procedure ends here
• No, go to Step 3

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

• Chapter 9 of the Social Security Guide, or
• Resources > Table 4 in Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Exemptions

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

Is the customer a refugee or former refugee?

• Yes, they are exempt from the NARWP and meet the residence requirements for YA and/or TAP
• Check the visa details are recorded correctly on the RSLEG screen
• Continue to assess their claim. If the claim rejects NIA (Not in Australia), phone CIS
• Procedure ends here
• No, go to Step 4

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.

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

• Yes, they are exempt from the NARWP and meet the residence requirements for YA and/or TAP:
• Check the visa details are recorded correctly on the RSLEG screen
• Continue to assess their claim. If the claim rejects NIA (Not in Australia), phone CIS
• Procedure ends here
• No:
• YA student/apprentice and/or TAP, go to Step 5
• YA job seeker, go to Step 6

A customer who holds visa subclass 192 is exempt from the NARWP for YA student/apprentice and/or TAP.

Check the RSLEG screen for visa subclass 192. This can also generally be found in the customer’s passport.

Does the customer hold visa subclass 192?

• Yes, they are exempt from the NARWP and meet the residence requirements for YA STU/APP and/or TAP:
• Check the visa details are recorded correctly on the RSLEG screen
• Continue to assess their claim. If the claim rejects NIA (Not in Australia), phone Centrelink International Services
• Procedure ends here
• No, go to Step 6

If the customer was a family member of a refugee or former refugee at the time that the refugee or former refugee arrived in Australia and is still a family member at the time of claim, they are exempt from the NARWP. 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.

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. Note: to check if a customer meets this provision, see Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Exemptions

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

Was the customer a family member of a refugee or former refugee at the time that the refugee or former refugee arrived in Australia?

• Yes, go to Step 7
• No, go to Step 9

Note: the customer must also have been the family member of that person at the time the refugee first arrived in Australia. 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.

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

• Yes, they are exempt from the NARWP
• Once the claim is fully assessed, refer case to Centrelink International Services (CIS) for exemption coding
• Once response has been returned from CIS, continue to assess their claim. If the claim rejects NIA (Not in Australia), phone Centrelink International Services
• Procedure ends here
• No, go to Step 8

Note: the customer must also have been the family member of that person at the time the refugee first arrived in Australia.

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
• Once the claim is fully assessed, refer case to CIS for exemption coding
• Continue to assess the claim. If the claim rejects NIA (Not in Australia), phone CIS
• Procedure ends here
• No, go to Step 9

Is the customer claiming YA as a job seeker?

• Yes, go to Step 10
• No, go to Step 11

Youth Allowance 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 is:

• partnered, with a child, and then separated
• 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
• 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

To identify the start of the customer’s current period as an Australian resident, check the Australian Historical Residence (RSAHR) screen. If there is more than one period of Australian residence (i.e. the customer ceased to be an Australian resident then became a resident again) the current period is defined as the period in which the claim was made.

Are all lone parent exemption eligibility criteria met?

• Yes, they are exempt from the NARWP and meet the residence requirements for YA
• Key 'P' in the Exempt field on the NSS Start Date Calculator (NDC) screen. Note: this field can only be coded when the customer is recorded as a single principal carer
• Record the reason for the exemption in a DOC. Note: if this exemption from the NARWP applies, the customer will also be entitled to a NARWP exemption for Family Tax Benefit (FTB), Paid Parental Leave (PPL) or Carer Allowance (CA)
• Continue to assess the claim. If the claim rejects NIA (Not in Australia), phone Centrelink International Services (CIS)
• Procedure ends here
• No, go to Step 11

Continue to assess the claim.

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

TAP customers are only eligible if the NARWP ends (for example they have satisfied the NARWP by having served or being exempt from it) before the first TAP assessment date.

If the NARWP end date is:

• more than 13 weeks in the future, YA claims will automatically:
• Reject NW2 (Residence less than 104 weeks), or
• Reject NWA (NARWP assessment not met)
• on or after the first TAP assessment date, TAP claims will need to be manually rejected. See Assessing and finalising claims for the Tertiary Access Payment (TAP)

Note: if 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 error E688NS - Course End Date Cannot be prior to Participation Status Event Date error displays, see Calculating the start day for Austudy and Youth Allowance (YA) students and Australian Apprentices claims.

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 before 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.

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

• If the customer who is not a resident of Australia (e.g. temporary student visa holder) has any dependent children, they may still be entitled to Child Care Subsidy (CCS)
• If the customer has a Family Tax Benefit (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). All claims under an international agreement are assessed by Centrelink International Services (CIS). See Claims for Australian payments under International Agreements
• 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). See Resources for a link to the 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 certain temporary visas 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