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

A customer has lodged a claim for JSP. To qualify for JSP as an Australian resident the customer must meet all of the following:

• be an Australian resident
• 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 changed from 1 January 2019 and 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. If more information is required, see Activating the Department of Home Affairs datalink and contingency procedures if datalink is unavailable.

Check the Immigration Advised Movements (RSIM) screen to check 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 Step 1 in Table 2
• a non-resident, go to Step 4
• not in Australia, go to Step 3

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 Step 1 in Table 2
• not an Australian resident, 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

Only New Zealand citizens can be the holder of an SCV. The RSLEG screen (in Customer First or Customer Record) or the RSLEG task (in Process Direct) 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 5
• No, go to Step 7

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

• Yes, and they are residing (living) in Australia the customer meets the residence requirements for JSP and is not subject to the NARWP:
• They may qualify for a one-off payment of JSP if they have not already received JSP, Newstart Allowance (NSA), Sickness Allowance (SA) or Youth Allowance (YA) under this exemption, see New Zealand 10 year residence exemption
• Procedure ends here
• No, go to Step 6

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 claimants who arrived in Australia on a New Zealand passport. To qualify for an ex-Carer Allowance Health Care Card (EHC) and serve the NARWP, an SCV must be protected

The following are the only exceptions to this rule and may be offered to the customer if appropriate:

• Parental leave payments, family assistance and concession cards (excluding EHC)
• 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
• Age Pension, Disability Support Pension (DSP) in limited circumstances, Carer Payment (CP) for the partner of a DSP recipient using the International Agreement with New Zealand. See New Zealand agreement information

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

If the customer is not an Australian resident:

• 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, if appropriate offer the customer:

• Parental leave payments and family assistance or the Low Income Health Care Card if the customer has a certain temporary visas 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). 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
• 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 or permanent visa holder, 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 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 rejects NIA (Not in Australia) phone Centrelink International Services
• Procedure ends here
• No, go to Step 2

An automatic exemption from the NARWP applies to a customer who is an Australian citizen. Citizenship must be verified. To determine if the customer is an Australian citizen, see Proof of Australian citizenship.

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 Legal Residence Details (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 3

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 to the Legal Residence Details (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:

• Chapter 9 of the Social Security Guide, or
• Refugee and special humanitarian visa sub-classes

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), Parental Leave Pay (PPL), Dad and Partner Pay (DAP) 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 rejects NIA (Not in Australia) phone Centrelink International Services
• Procedure ends here
• No, go to Step 4

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

This information can generally be found in the customer's passport or on the RSLEG screen once the immigration datalink has been successful.

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

• 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 rejects NIA (Not in Australia) phone Centrelink International Services
• Procedure ends here
• No, go to Step 5

For the purpose of the NARWP and Qualifying Residence exemptions, 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

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 6
• No, go to Step 8

The customer must have been a family member of a refugee 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) and the customer can be covered by this exemption provision.

If an exemption from the NARWP applies, the customer may be entitled to FTB, PPL, DAP or CA.

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

• Yes, they are exempt from the NARWP:
• When the claim is fully assessed, refer case to CIS for exemption coding
• When a response has been returned from CIS, continue to assess the claim. If the claim rejects NIA (Not in Australia) phone Centrelink International Services
• Procedure ends here
• No, go to Step 7

The customer must have been the family member of the refugee or former refugee at the time the refugee first arrived in Australia.

If an exemption from the NARWP applies, the customer may be entitled to FTB, PPL, DAP or CA.

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

To be eligible for a ‘lone parent’ exemption from the NARWP, a parent must meet all of the following:

• Is single, and
• A principal carer for a child in their care, and
• Has become a lone parent after the start of their current period of Australian residence. E.g. separated after their Permanent Visa grant date and during the current period of living in Australia

Were all eligibility criteria met?

In Process Direct

• Yes, they are exempt from the NARWP and meet residence requirements for JSP:
• Go to the NSS Waiting Period Calculation (NDC) screen, select Edit
• The Change Date of Commencement window will display
• Key 'P' in the Migrant Waiver Ind: field
• Select Save
• Record the reason for the exemption in the finalisation DOC
  Note: if an exemption from the NARWP applies, the customer may be entitled to FTB, PPL, DAP or CA
• Continue to assess the claim. If the claim rejects NIA (Not in Australia) phone Centrelink International Services
• Procedure ends here

In Customer First

• Yes, they are exempt from the NARWP and meet residence requirements for JSP:
• Go to the JSP Start Date Calculator (NDC) screen, key 'P' in the Exempt: field. 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 an exemption from the NARWP applies, the customer may be entitled to FTB, PPL, DAP or CA
• Continue to assess the claim. If the claim rejects NIA (Not in Australia) phone Centrelink International Services
• Procedure ends here
• No, go to Step 9

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.

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 visas 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)
• 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 or permanent visa holder, they may be eligible to claim SpB for the child. See Special Benefit (SpB) for Australian Citizen Child (ACC) and Australian permanent resident children