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Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Exemptions 005-02020020

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This document explains when customers may be exempt from the Newly Arrived Resident's Waiting Period (NARWP) or the qualifying residence period when claiming a payment or concession card. It gives general information about types of exemptions available, how to investigate family member of a refugee and lone parent NARWP exemptions and how to request manual exemption coding to be completed by Centrelink International Services (CIS) where required.

On this page:

Assessing family member of a refugee NARWP exemption

Assessing lone parent NARWP exemption

Request referral to CIS

NARWP exemption and qualifying residence period exemption assessment

Coding NARWP exemption and ending qualifying residence exemption manually

Assessing and coding NARWP where a visa rejection is overturned


Assessing family member of a refugee NARWP exemption

Table 1

Expand table

Step

Action

1

Family member of a 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

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 family member became a refugee (that is, on the date they were granted their permanent refugee visa), and
  • currently or when the refugee or former refugee died

Currently means their circumstances at one of the following times. For:

  • Family Tax Benefit (FTB) - on the earliest date they may be entitled to receive payment. Generally this would be the date the customer was both physically present and residing in Australia while the holder of a qualifying visa
  • Parental Leave Pay (PPL) - on the child's date of birth or entry into care and on the date of any claimed PPL days
  • Youth Allowance (YA) (student) and Austudy - from:
    • date of claim, or
    • the date they become a full time student which makes them a dependent child for this purpose (they must still meet all other dependent child criteria). This applies if they become a full time student up to 13 weeks after the claim date
  • all other payments, on the date of claim

2

Examine family member’s visas

Check if the family member currently holds or has previously held a refugee visa.

If the family member’s visa subclass (either now or previously) was a refugee visa, it should be automatically recorded on the Legal Residence Details (RSLEG) screen from the Immigration Datalink.

If there are no visas on the family member’s RSLEG screen, activate the Immigration Datalink.

Refugee visas can be determined using:

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.

If there is indication that this exemption may apply but the Service Officer needs more details to be sure, contact the customer. For example, if the claim does not include the refugee parent’s Customer Reference Number (CRN), and there is no confirmation of the parent’s visa.

Is the family member a refugee or former refugee?

3

Dependent child of a refugee or former refugee

To be a dependent child, there are specific requirements which must be met, including if they are over 16 years, and under 22 year of age, they must be a full time student.

The child must also be:

See Assessment of dependent children, additional income free area and child income under social security law.

When assessing a person as a dependent child, the exemption applies based on the day the situation is assessed.

See Resources Table 6 for examples of evidence that can be used to confirm the relationship between the customer and the refugee/former refugee.

Is the customer a dependent child?

4

Treated like a partner or dependent child

There are very limited circumstances that meet this exemption reason.

It applies in situations where a person cannot meet the definition of a partner or dependent child but should be treated as one.

It is generally when:

  • a child is orphaned and under the care of a sibling or another family member who is a refugee, or
  • the child and the refugee parent, or the customer and refugee partner:
    • lived in two separate countries for reasons outside of their control, such as being separated when forced to flee their homes, and
    • did not arrive in Australia together, and weren’t together when the refugee’s permanent refugee visa was granted, but otherwise would have, or
  • the child is:
    • over 16 years and under 22 years, and
    • wholly, substantially and financially dependent on their refugee parent(s), and
    • not a full-time student due to significant factors preventing them from being able to study, such as illness or disability, or
  • the child:
    • is over 22 years, and
    • is wholly, substantially and financially dependent on their parent(s), and
    • has significant factors preventing them from being able to support themselves. For example, they cannot study full-time or otherwise support themselves because of a lack of prior education or work experience, or illness or disability

Things to consider:

  • Why the customer did not accompany the refugee to Australia. How long after the refugee's arrival did the customer join them in Australia? If that was a considerable time, why not sooner?
  • What was the refugee's intention when they came to Australia? For example:
    • Did they intend for their partner or dependent child to join them as soon as possible, but something prevented them coming to Australia for many years?
    • Were they still dependent on the refugee when the refugee was granted their permanent refugee visa or was someone else caring for them?
  • Did the refugee declare the customer was their dependent child when they applied for refugee status, and if so, why was the customer not granted a refugee visa at the same time?
  • If in different countries, in what ways was the refugee caring for, and responsible for the customer at the time they were granted their permanent refugee visa?

Note: to be considered under this provision, the person must have had the family member relationship with the refugee when they became a refugee and currently. For example, a person arrived in Australia with a parent and the parent has since died and they are now a dependent child of an aunt who was granted their permanent refugee visa 10 years earlier. They do not meet this provision as they were not a dependent child of the aunt when the aunt became a refugee.

See Resources Table 6 for examples of evidence to confirm the relationship between the customer and the refugee/former refugee.

Based on information available (including conversations with the customer, if applicable), decide whether to treat the customer like a family member for this purpose. If so, the reasons used to make this decision must be included in the referral to Centrelink International Services (CIS). Referral to CIS is explained later in this process.

Is the customer like a partner or dependent child of a refugee or former refugee?

5

Check the relationship when the family member became a refugee

The customer must also have been the family member of that person currently, or when they died if that person has died. 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.

Check the RSLEG screen of the refugee family member to see the date the permanent refugee visa was granted.

Examine the customer’s record to determine whether they were a family member on that date.

Depending on the family member relationship the check may include, for:

  • Partner:
    • check the Marital Status (MS) screen for a partnership on the date the refugee visa was granted
    • a Section 24 assessment. If a Section 24 exists, determine if it is still valid. Under Section 24, the person is assessed as not partnered for all social security purposes which includes NARWP exemptions. For the exemption to apply, the customer must be placed on the partner rate. Do not refer to CIS if the Section 24 assessment is valid. See Treatment of a partnered person as single under Section 24 new determinations.
  • dependent child:
    • their date of birth to determine if the customer (child) was born before the family member was granted their refugee visa
  • DOCs on the record for details of the family relationship (for example, the date the child came into the refugee’s care) on the date the refugee visa was granted

See Resources Table 6 for examples of evidence that can be used to confirm the relationship between the customer and the refugee/former refugee.

Was the customer a family member (including like a family member) of a refugee or former refugee when they became a refugee?

6

Check if the customer is currently the family member of a refugee or former refugee

The customer must also have been the family member of that person at the time they became a refugee. 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.

Depending on the family member relationship the check may include, but not limited to, for:

  • partner, check the Marital Status (MS) screen for
    • a partnership on the date the refugee visa was granted
    • a Section 24 assessment. If a Section 24 exists, determine if it is still valid. Under Section 24, the person is assessed as not partnered for all social security purposes which includes NARWP exemptions. For the exemption to apply, the customer must be placed on the partner rate. Do not refer to CIS if the Section 24 assessment is valid. See Treatment of a partnered person as single under Section 24 new determinations.
  • dependent child, check the
    • Address Summary (ADS) screen to see if they live at the same address as the refugee parent. If they do not live at the same address, they may not currently be a dependent child of the refugee
    • Benefit Status (XBS) and Assessment Explanation (AX) etc screens to see if the refugee parent is receiving a payment for the dependent child

See Resources Table 6 for examples of evidence that can be used to confirm the relationship between the customer and the refugee/former refugee.

Is the customer currently the family member (including like a family member) of a refugee or former refugee?

7

Check if the customer was the family member of a refugee or former refugee when the refugee or former refugee died

Note: the customer must also have been the family member of that person at the time they became a refugee.

Determine the date the refugee died. This may be obtained from:

  • the Death/Executor (DEA) screen on the refugee’s record
  • a conversation with the customer, or
  • other information on the customer or refugee’s records.

Check the customer’s relationship with the refugee on this date.

Depending on the family member relationship the check may include, for:

  • partner, the Marital Status (MS) screen, for a partnership on the date the refugee died
  • dependent child:
    • ADS screen to see if they lived at the same address as the refugee parent when they died. If they did not live at the same address, they may not have been a dependent child of the refugee when they died
    • Benefit Status (XBS) and Assessment Explanation (AX) etc screens to see if the refugee parent was receiving a payment for the dependent child when the refugee parent died.

See Resources Table 6 for examples of evidence that can be used to confirm the relationship between the customer and the refugee/former refugee.

Was the customer the family member (including like a family member) of a refugee or former refugee when the refugee or former refugee died?

8

Customer does not meet this provision

The customer is not a family member of a refugee for this purpose. The customer must serve the NARWP or have an exemption for another reason to be eligible.

Continue with the residence assessment for relevant payment.

Procedure ends here.

9

Customer is the family member of a refugee

If the Service Officer has determined the person is ‘like’ a family member, CIS will need to agree with the determination for this exemption to apply.

For all other cases, the customer is the family member of a refugee for NARWP purposes.

They are exempt from the NARWP. Note: for Parenting Payment, the person is also exempt from the qualifying residence period.

Ensure the claim is fully assessed, then see Table 3 to refer the case to CIS for exemption coding.


Assessing lone parent NARWP exemption

Table 2

Expand table

Step

Action

1

Lone parent NARWP exemption

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 or became treated as single under a Section 24 determination
  • was single, with no child, who then had a child

To be eligible for the lone parent NARWP 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

Note: under Section 24, the person is assessed as not partnered for all social security purposes which includes the lone parent NARWP exemption. See Treatment of a partnered person as single under Section 24 new determinations

The lone parent NARWP exemption only applies to:

  • JobSeeker Payment (JSP)
  • Parenting Payment Single (PPS)
  • Youth Allowance (job seeker) (YA)
  • Farm Household Allowance (FHA)

Is the customer claiming a payment that allows the lone parent NARWP exemption?

2

Identify the start of the customer’s current period of Australian residence

A period in Australia counts as a period of ‘Australian residence’ if the customer both:

  • holds legal permanent resident status (on the Legal Residence Details (RSLEG) screen), and
  • is residing in Australia (on the Country of Residence (CRES) screen)

To identify the start of the customer’s current period as an Australian resident, check the Australian Historical Residence (RSAHR) screen. Make a note of the start date of the current period.

Note: 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.

If the RSAHR screen does not show a current period of Australian residence, the coding on the record does not reflect the customer is an Australian resident. Check the:

  • RSLEG screen to see if the customer is a legal permanent resident (for example, if they only hold a temporary visa, they are not a permanent resident)
  • CRES screen for current country of residence. If this is not currently Australia, there will be no current calculation on the RSAHR screen. Do not add an entry of Australia on the CRES screen unless satisfied that the customer is residing in Australia. See Deciding if a customer is residing in Australia

Does the customer have a current period of Australian residence?

3

Check relationship status of the customer

A customer can meet this provision if they:

  • were partnered, with a child, and then separated or became treated as single under a Section 24 determination, or
  • were single, with no child, and then had a child

Check the Marital Status (MS) screen to determine the relationship status of the customer.

Note: check that the status on the MS screen is current. The customer may have advised a new status as part of their new claim. If updating the customer’s marital status, be aware of privacy implications, see Separating safely - protecting personal details:

  • Information must be handled with confidentiality, and the privacy of everyone involved must be protected
  • Updates can result in a potential privacy breach if they are not done correctly
  • Staff must separate records in the correct order. Doing this incorrectly can lead to a privacy breach. This can put the customer in a life-threatening situation

Support the customer to separate safely by discussing the key tasks they need to consider to keep their personal information safe.

If the customer has separated, divorced or been widowed make note of the date this occurred.

Is the customer currently single (including under Section 24), separated, divorced or widowed?

4

Check dependent child

Go to the Child Selection (CHS) screen to view the details of the child/children.

Determine if the:

Is the customer the principal carer of a dependent child?

5

Compare dates

Compare the information and dates obtained to determine if the customer meets all the criteria for the exemption, they:

  • are not a member of a couple
  • are the principal carer of a dependent child, and
  • became a lone parent after the start date of their current period as an Australian resident (Note: if the customer was a lone parent on the start date of their current period, this exemption does not apply)

Does the customer meet all of the lone parent NARWP exemption criteria?

6

JobSeeker Payment- Lone parent exemption

In Process Direct

  • Go to the NSS Waiting Period Calculation (NDC) screen,
  • Select Edit
  • Key 'P' in the Migrant Waiver Ind field
  • Select Save

In Customer First

  • 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

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) and Carer Allowance (CA)

Record the reason for the exemption in a DOC/Note.

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.

7

Parenting Payment Single- Lone parent exemption

Parenting Payment Single (PPS) customers who are eligible for the lone parent exemption are not subject to the 2 year qualifying residence period or the 4 year NARWP.

  • Go to the Parenting Payment Single (PSP) screen
  • Key 'Y' in the Qualified-Australian Resd field. This field can only be coded when the customer is recorded as a single principal carer
  • Record the Event Date as the date the exemption was met (e.g. date of separation) during the current period as an Australian resident. The event date of the exemption must be during the current period of Australian residence on the CRES screen, otherwise an error '105PN - PPS Qualifying Ind DOE not Australian residence period' will occur

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) and Carer Allowance (CA).

Record the reason for the exemption in a DOC

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.

8

Youth Allowance (job seeker)- Lone parent exemption

Go to the NSS 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

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) and Carer Allowance (CA)

Record the reason for the exemption in a DOC.

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.

9

Farm Household Allowance- Lone parent exemption

In Process Direct

  • Go to the NSS Waiting Period Calculation (NDC) screen
  • Select Edit
  • Key 'P' in the Migrant Waiver Ind field
  • Select Save

In Customer First

  • 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

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) and Carer Allowance (CA)

Record the reason for the exemption in a DOC.

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.

10

Lone Parent exemption does not apply

Check for existing Lone Parent exemption coding from a previous claim.

For PPS:

  • the PSP screen will have a ‘Y’ in the Qualified – Australian Resd field

For JSP, YAL or FHA:

  • the NDC screen will have a ‘P’ in the Migrant Waiver Ind field in Process Direct or in the Exempt field in Customer First

The coding must be adjusted or the:

  • system will produce an edit, or
  • payment may grant on the basis of the old coding, resulting in an incorrect grant

Code a new Event Date as the date the previous claim was cancelled or rejected. For

  • PPS- record a new entry of 'N' on the PSP screen
  • all other payments, record an ‘A’ on the NDC screen
  • Continue with the residence assessment

Procedure ends here.


Request referral to CIS

Table 3: this table describes the process to send a referral to CIS for manually coding an exemption from a NARWP because the person is a family member of a refugee or former refugee, for ending previous qualifying residence exemption coding and for workaround NARWP coding when a person's visa rejection has been overturned. It also includes the escalated referral process for the Adverse Customer Event Response (ACER) team for family member of a refugee or former refugee cases.

Expand table

Step

Action

1

Initial reason for the request

Only use this process when:

  • the customer is subject to the NARWP, and
    • has not already served it, and
    • does not have an automatic NARWP exemption from it, for example, exemption for being an Australian citizen or holding a relevant visa
  • directed to by a process in a 'residence assessment' procedure or in Table 1, or
  • a Department of Home Affairs' decision to reject a permanent visa was set aside by a tribunal (for example, the Administrative Review Tribunal (ART)), and the visa was granted

See Resources for which exemptions are automatic.

Note: for Parenting Payment Single (PPS), JobSeeker Payment (JSP), Youth Allowance (YA) (jobseeker) or Farm Household Allowance (FHA) consider if the customer meets the lone parent exemption. Do not refer these cases to CIS.

Is a NARWP exemption being requested because of an overturned rejected visa application?

2

Reason for request

Only complete a referral to CIS when one of the following applies:

  • The customer has lodged a claim that is rejecting for a residence related reason
  • There is a request for explanation or application for a formal review of a decision to reject for a residence related reason
  • The customer's circumstances meet the criteria for an urgent escalation by the ACER team
  • There is a request for a hypothetical answer where a customer has lodged a claim for a different payment (for example, Special Benefit) when they may qualify for a more beneficial payment such as JobSeeker Payment
  • It has been determined that the customer meets the ‘family member of a refugee’ NARWP exemption and CIS confirmation and coding is required
  • The warning message 'Customer's partner/parents arrived in Australia as a refugee. Check NARWP exemption-see OB 005-02020020' presents in the claim in Process Direct
  • The RFGEQRE keyword is on the claim activity because the customer indicated in their online claim that their partner or parent is a refugee
  • Exemption needs to be ended as it does not apply to current claim

When processing a new claim, recording a request for explanation or application for formal review, make sure all residence coding has been completed to enable any possible automatic exemption assessment. See Residence and Portability Screens.

Does the request meet CIS referral guidelines?

3

Before sending the referral to CIS

Before sending the referral to CIS, assess the claim fully.

Code relevant study details screens if:

  • the claim is for a student payment, such as YA (student), and
  • the person is claiming as a dependent child

If they become a full time student up to 13 weeks after the claim date and the claim is being assessed before the actual study start date:

  • place the claim on hold until the commencement date of Full Time Study (FTS)
  • send the NARWP exemption referral on the FTS start date

Go to Step 4

4

Prepare to send the referral to CIS

Gather all the following information to include in the referral comments:

  • Reason for request (new claim (NCL) started / request for explanation / application for formal review of decision / claim for different payment)
  • Payment type
  • Date of claim (if NCL started)
  • Visa subclass held by customer
  • Visa grant date
  • Refugee's Customer Reference Number (CRN)
  • Refugee's name
  • Refugee's date of birth
  • Date of grant of family member’s refugee visa

If the referral is for:

  • a partner or like a partner: date became member of a couple
  • a dependent child or like a dependent child: date the customer became a full time student (CIS staff do not need to sight evidence, the requesting Service Officer must confirm that the customer is a full time student before sending the referral) and reason why the customer is determined to be a dependent child
  • like a partner or like a dependent child: why the relationship is like a partner/dependent child. The reasons used to make this decision must be included in the referral. It is important to include detailed information, such as how the person was like a partner/dependent child on both relevant dates

Any additional information to support your request

  • if the claim is for a student payment, include whether the customer is or is not a continuing student

Is the referral an escalation by ACER staff?

5

Referral request

Send a referral to CIS in Process Direct.

In Process Direct > NCL activity:

  • Select https://ourblueprint.internal.dept.local/content/images/process_direct_small/more options.png| > Referral
  • Referral type: International Services (CIS)
  • Are you creating a referral for a claim? Yes
  • Select Next
  • Referral Details: displays
  • Referral Reason: NARWP & QRE Exemption Service Request
  • Referral Details: leave blank
  • Country: leave blank
  • Call customer required: update as required
  • Additional Information: field must be completed with all known details, including:
    • details gathered
    • if the referral is due to a visa rejection being overturned, or
    • if it is a request to end a previous qualifying residence period or NARWP exemption
  • Select Finish

In Process Direct > Outside NCL activity:

  • Select https://ourblueprint.internal.dept.local/content/images/process_direct_small/more options.png| > Referral
  • Referral type: International Services (CIS)
  • Referral reason: NARWP & QRE Exemption Service Request
  • Check Payment type is correct
  • Select Next
  • Referral Details displays

Update the following options as required:

  • Vulnerable or suspended customer
  • Call customer required
  • Translation required
  • Appeal request
  • Additional Information: field must be completed with all known details, including:
    • the details gathered, or
    • if the referral is due to a visa rejection being overturned, or
    • if it is a request to end a previous qualifying residence period
  • Select Next
  • Select Finish

Once the exemption referral has been assessed CIS will:

  • annotate the referral notes
  • complete the referral
  • create a decision Note/DOC
  • take the corresponding activity (NCL / request for explanation / application for formal review of decision) off hold to allow reallocation

Once the activity is reallocated, continue the assessment. For:

  • FTB or PPL, family member of a refugee NARWP exemption
  • All other payments and referral reasons
    • If the claim is rejecting NIA do not finalise, see Table 2 in Australian residence requirements for payment
    • Procedure ends here

6

Urgent NARWP exemption referral

For Adverse Customer Event Response (ACER) staff only.

A Fast Note is available for ACER staff to escalate an urgent NARWP exemption referral where a person should be considered as a family member/like a family member of a refugee or former refugee.

This may be in situations such as:

  • a customer previously had a NARWP exemption referral rejected but further information indicates that decision may need to be reviewed
  • a NARWP exemption has not previously been considered but may be applicable and the customer is in hardship

Use Fast Note - select Auto text, use Centrelink International Services > Residence > Urgent NARWP Exemption Referral

In the Fast Note, include:

  • all known details gathered and
  • any additional supporting information that was not included in a previous NARWP exemption referral

Once the exemption referral has been assessed CIS will:

  • annotate and complete the urgent referral Fast Note
  • create a decision Note/DOC

ACER officer should monitor the customer record for referral outcome.

Procedure ends here.


NARWP exemption and qualifying residence period exemption assessment

For Centrelink International Services (CIS) staff.

Table 4: this table describes the process CIS staff should use when manually assessing an exemption from a NARWP or qualifying residence period.

Expand table

Step

Action

1

View the referral details

Go to Work Optimiser and select the Work Item ID for the allocated INTL Residence Waiting Period Exemptions (ZALL_INTL_QRENWP) Work Type.

Select Open in Process Direct.

Note: there is a known system issue for Process Direct referrals created within a new claim activity. Even though the Open in Process Direct option is available, these referrals do not present in the correct version of Process Direct and must be accessed in Customer First.

Does the Referral landing page present?

  • Yes, continue the referral in Process Direct. Select Next to read the referral details. Go to Step 3
  • No, access the referral in Customer First. Go to Step 2

2

View referral in Customer First

Exit Process Direct and return to Work Optimiser. Select the Work Item ID for the allocated INTL Residence Waiting Period Exemptions (ZALL_INTL_QRENWP) Work Type.

Select Work Item Details.

On the Summary tab:

  • copy the Customer CRN, and
  • paste into Customer First to go into the customer’s record

To view the NARWP Exemption referral:

  • select the CRN/BP hyperlink next to the customer’s CRN
  • at the bottom of the screen, select either the Activities or Interaction history tab to show outstanding activities
  • locate the NARWP and QRE Exemption Service Request Work Item and select the blue Work item ID to open it
  • select the Notes tab to read the referral details

3

End QRE/NARWP Exemption

A customer may have been granted an exemption in the past, which they are not entitled to for a subsequent claim. For example, someone who was assessed as a dependent child of a refugee previously but is no longer a dependent child for the most recent claim.

Is the request to end existing exemption coding?

4

QRE/NARWP Exemption request

The Referral details or the Urgent Exemption Referral Fast Note on the customer's record contains:

  • Reason for request (new claim (NCL) started / request for explanation / application for formal review of decision / claim for different payment)
  • Payment type
  • Date of claim
  • Visa subclass held by customer
  • Visa grant date
  • Refugee's Customer Reference Number (CRN) (if known)
  • Refugee's name
  • Refugee's date of birth
  • Date of grant of family member’s refugee visa
  • Relationship to refugee (partner/dependent child/other)
  • If other, why is relationship like a partner/dependent child (if applicable)
  • Date became member of a couple (if applicable)
  • Date customer became a full time student (if applicable)
  • Confirmation of relationship status
  • Additional information (if applicable)

Use this information to assist in the assessment process.

5

Relationship to refugee

When assessing if a person was a family member of a refugee, consider the relationship at the time family member became a refugee (that is the date they were granted their permanent refugee visa) and their circumstances at one of the following times. For:

  • Family Tax Benefit (FTB) - on the earliest date they may be entitled to receive payment (generally this is the date the customer was both physically present and residing in Australia while the holder of a qualifying visa)
  • Parental Leave Pay (PPL) - on the child's date of birth or entry into care and on any claimed PPL days
  • Youth Allowance (YA) (student) and Austudy from the:
    • date of claim, or
    • date they become a full time student which makes them a dependent child for this purpose (they must still meet all other dependent child criteria). This applies if they become a full time student up to 13 weeks after claim date.
      Note: if the exemption start date is after the claim date (up to 13 weeks), the payment will go to a status of ASS (Assessed) with a start date equal to the NARWP exemption start date. If the exemption start date is more than 13 weeks after the claim, the claim will correctly reject NWA/NW2
  • all other payments - at date of claim

Exception: if the refugee has died after their arrival in Australia, the customer must have been a family member of that person when the person became a refugee and when the person died.

If the family member exemption request is for:

6

Partner of a refugee

Check the Process Direct Referral details or the Urgent Exemption Referral Fast Note, if the customer became a member of a couple after the refugee's arrival date, the exemption does not apply.

Note: Marital Status (MS) screen often does not reflect partnered status at time partner became a refugee. If the requesting officer can determine the relationship was present at time the person became a refugee, this coding does not need to be corrected.

Check the MS screen to make sure the customer is assessed as partnered at the date of claim or at the appropriate date for FTB and/or, PPL. If the customer is currently assessed as single under Section 24 provisions, the exemption does not apply.

If any doubt exists, contact the customer to ask for more details.

Determine if the exemption applies. For processing instructions, see Table 5.

7

Dependent child of a refugee

When assessing a person as a 'dependent child', the exemption applies based on the day the situation is assessed. If the child ceases to be dependent after the claim is granted, (for example, a parent dies) the exemption will continue to apply.

Note: a child can be considered independent for YA purposes and at the same time be a dependent child for NARWP/Qualifying Residence Exemption purposes. For example, if they are:

  • regarded as independent for YA as an orphan, but are now a dependent child of someone else, like an older sibling, or
  • assessed as independent for YA rate purposes as they have a dependent child, while still a dependent child themself

To be a dependent child, the child must also be:

There are also age specific requirements that must be met. See Assessment of dependent children, additional income free area and child income under social security law.

The Process Direct Referral details or the Urgent Exemption Referral Fast Note should contain information about the reasons why the requesting officer is satisfied this meets the requirements of a dependent child. If any doubt exists, contact the customer to ask for more details.

Determine if the exemption applies. For coding instructions, see Table 5.

8

Treated like a partner or a dependent child of a refugee

There are very limited circumstances that meet this exemption reason. For example, an exemption could apply when:

  • a child is orphaned and under the care of a sibling or other family member carer who is a refugee, or
  • the child and the refugee parent, or the customer and refugee partner:
    • lived in two separate countries for reasons outside of their control, such as being separated when forced to flee their homes, and
    • did not arrive in Australia together, but otherwise would have, or
  • the child is:
    • over 16 years and under 22 years
    • wholly, substantially and financially dependent on their refugee parent(s)
    • not a full-time student because of significant factors preventing them from being able to study, such as illness or disability, or
  • the child:
    • is over 22 years
    • is wholly, substantially and financially dependent on their parent(s), and
    • has significant factors preventing them from being able to support themselves. For example, they cannot study full-time or otherwise support themselves because of:
      - a lack of education or work experience, or
      - illness or disability

For more details, see Table 1 > Step 6.

The Process Direct Referral details or the Urgent Exemption Referral Fast Note should contain information about the reasons why the requesting officer is satisfied this meets the requirements of 'like' a partner or dependent child to a refugee. If any doubt exists, contact the customer to ask for more details.

Note: the delegation for these decisions under Section 7(6) does not need to be referred to the CIS business manager.

Determine if the exemption applies. For processing instructions, see Table 5.


Coding NARWP exemption and ending qualifying residence exemption manually

For Centrelink International Services (CIS) staff.

Table 5: this table describes the process CIS staff should use when coding an exemption from a NARWP or ending a previous qualifying residence exemption.

Expand table

Step

Action

1

Manually code the exemption decision
  • Go to the Residence Savings (RSS) screen
  • Update the Family Member/Refugee Code field with the appropriate reason:
    • FME - Family Member of a refugee
    • NOT - Not entitled to exemption
  • Code Date of Event for:
    • Family Tax Benefit (FTB) - on the earliest date they qualify for the exemption and may be entitled to receive payment (generally this is the date the customer was both physically present and residing in Australia while the holder of a qualifying visa), or
    • Parental Leave Pay (PPL) - on the child's date of birth or entry into care, or
    • Youth Allowance (YA) (student) and Austudy - from:
      - date of claim, or
      - the date they become a full time student which makes them a dependent child for this purpose, (they must still meet all other dependent child criteria). This applies if they become a full time student within 13 weeks after the claim date
    • all other payments - at date of claim

YA student and Austudy:

Continuing/intending students satisfy the full-time study requirements for students. In some circumstances this means a customer is considered to be a full-time student during study breaks, such as semester holidays. If the customer:

  • is a continuing/intending student, code the NARWP exemption from the date of claim
  • is not a continuing/intending student, code the NARWP exemption from the study commencement date

When an early claim is assessed:

  • after the study start date, and the start date is:
    • within 13 weeks of the date of claim, the payment will go to a status of ASS (Assessed) from date of claim with a grant date equal to the NARWP exemption date
    • more than 13 weeks after the date of claim, the claim will correctly reject NWA/NW2
  • before the study start date (within 13 weeks of the claim date), the RSS screen cannot be coded with a future date
    • put new claim (NCL) on hold until the future study date
    • add a DOC stating:
      - the RSS coding is pending
      - a new NARWP referral to CIS is required when study commences

Go to Step 3.

2

End exemption coding
  • Go to the Residence Savings (RSS) screen
  • Update the Family Member/Refugee Code field with the reason NOT - Not entitled to exemption
  • Code Date of Event from a date before the earlier of:
    • date claim submitted, or
    • expected start date
  • Do not finalise the new claim (NCL) activity
  • Annotate the Process Direct Referral Summary notes to advise coding has been completed
  • Take the corresponding activity (NCL / request for explanation / application for formal review of decision) off hold to allow reallocation

Procedure ends here.

3

Notify decision

Document whether the customer is, or is not, entitled to a QRE/NARWP Exemption.

Create a Fast Note - select Auto Text, use Centrelink International Services > Residence > QRE/NARWP Exemption Decision.

Include detailed information about the reason for approval or rejection.

Note: this Fast Note is used for multiple scenarios. Delete text as appropriate.

Once QRE/NARWP exemption coding/decision has been finalised, take the corresponding activity (NCL/request for explanation/application for formal review of decision) off hold to allow reallocation. Use the Status icon to change the status from on hold.

4

Close Referral

Referral accessed in Process Direct:

  • Select:
    • Referrals, to go to the Referral landing page
    • Next to progress to the referral details
    • Next to go to the Referral summary page
    • Complete radio button
  • Finish the referral transaction

Referral accessed in Customer First:

  • Select the CRN/BP hyperlink next to the customer's CRN
  • At the bottom of the screen, select either the Activities or Interaction History tab to show outstanding activities
  • Locate the NARWP and QRE Exemption Service Request Work Item and select the Work item ID hyperlink to open it
  • Select the referral > Edit > Status
  • Select Completed > Save

Assessing and coding NARWP where a visa rejection is overturned

For Centrelink International Services (CIS) staff.

Table 6: this table describes the process to code the NARWP when a customer's original visa application is rejected by the Department of Home Affairs but is overturned on appeal.

Expand table

Step

Action

1

Advice received that customer's visa rejection was overturned

If all the following applies:

  • the customer applied for a permanent visa
  • the Department of Home Affairs rejected their visa application
  • in a review of the visa rejection, that decision was set aside by a tribunal (for example, the Administrative Review Tribunal (ART)) and the visa was granted

The start date of the NARWP is the date the Department of Home Affairs originally decided not to grant the visa.

Example

  • The customer applied for a visa on 12 January 2023 which was rejected by the Department of Home Affairs on 10 February 2024
  • The customer appealed this decision, and on 5 September 2024, the ART determined that the rejection was incorrect, and they set aside the decision
  • The start date of the NARWP would be 10 February 2024 (this is the date the visa application was originally rejected)

Note: the Department of Home Affairs do not 'backdate' visas. In these cases, they only grant a visa from the date of the tribunal decision. In the above example, the Department of Home Affairs Movement Reconstruction (MR) database will reflect the grant from 5 September 2024. This will also be the date of grant of the visa on the Legal Residence Details (RSLEG) screen. Do not change the date of grant on the RSLEG screen.

The use of the earlier date applies only to the NARWP. It does not apply to residence qualification rules, including the qualifying residence period or Australian Working Life Residence (AWLR). A person can only accumulate qualifying residence from the date the Department of Home Affairs grants the visa. In the above example this would be from 5 September 2024.

Evidence is needed to determine the customer's circumstances meet this situation.

2

Evidence needed before a determination can be applied

Evidence may be:

  • an ART request for implementation of decision, or
  • the customer providing official notification from the Department of Home Affairs that the initial rejection of their visa application was overturned

Check Document Tools to see if evidence has been provided.

If evidence has not been provided request this from the customer, see Requesting information (CLK). If unable to obtain evidence from the customer, escalate the case to the CIS Helpdesk. CIS Helpdesk will then liaise with Department of Home Affairs to confirm the details.

Has evidence been provided?

  • Yes, read thoroughly. If the evidence clearly shows the date the visa was originally rejected and that the rejection was overturned on appeal, go to Step 3
  • No, this provision does not apply. The customer's NARWP will start from the date of grant of the permanent visa on the RSLEG screen. Procedure ends here

3

Start date of the NARWP

The NARWP starts from the date the Department of Home Affairs originally decided to reject the customer's visa.

The coding required depends on the:

  • payment and/or concession type claimed, and
  • the date of the visa rejection (the start date of the NARWP)

Is the date of the visa rejection (the start date of the NARWP) before 1 January 2019?

4

Start date is before 1 January 2019

On 1 January 2019, the NARWP increased for most payments and concessions. See Table 1 on the Resources page of Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Period for the length of the NARWP the customer is required to serve.

From the 'Visa granted before 1 January 2019' column, determine the length of the NARWP for the customer based on the payment and/or concession card they have claimed.

Is this length of time lower than the length of time in the column 'Visa granted on or after 1 January 2019'?

  • Yes, and the NARWP required to be served is:
  • No, the length of the NARWP is the same in both columns. Take note of the required length of the NARWP the customer is required to serve, go to Step 8

5

Determine if the customer has served the NARWP (start date before 1 January 2019)

Check residence screens to determine if, based on the date the visa was rejected (the start date of the NARWP), the customer has served the 2 year NARWP.

Check:

  • Country of Residence (CRES) screen for periods the customer has lived in Australia
  • Immigration Advised Movements (RSIM) screen for movements in and out of Australia (absences are not included in the calculation of the NARWP)
  • Periods of AU Presence while AU Resident (RSPAP) and Periods of Australian Residence (RSPAR) screens for historical periods of Australian residence

Note: if a customer previously held a permanent visa, time in Australia while holding that visa counts towards the NARWP.

Has the customer served the 2 year NARWP or will they serve the 2 years within the next 13 weeks?

6

Determine the coding required

Due to system limitations, the coding required will depend on if the customer has served the 2 year NARWP from the grant date of the visa on the RSLEG screen.

Check the date of grant of the current visa on the RSLEG screen.

Has the customer served 2 years (or will they serve the 2 years within the next 13 weeks) from the date of the grant of the visa on the RSLEG screen?

7

Start date is after 1 January 2019

The length of the NARWP the customer is required to serve can be found on the Resources page of Newly Arrived Resident's Waiting Period (NARWP) and Qualifying Residence Period, see the NARWP length table.

From the 'Visa granted on or after 1 January 2019' column, determine the length of the NARWP for the customer.

8

Determine if the customer has already served the NARWP for the payment they are claiming

Check residence screens to determine if, based on the date the visa was rejected (the start date of the NARWP), the customer has already served the NARWP.

Check the following screens:

  • CRES for periods the customer has lived in Australia
  • RSIM for movements in and out of Australia (absences are not included in the calculation of the NARWP)
  • RSPAP and RSPAR for historical periods of Australian residence (if a customer previously held a permanent visa, time in Australia while holding that visa counts towards the NARWP)

Has the customer served the NARWP for the payment and/or concession card they have claimed, or will they serve the NARWP within the next 13 weeks?

9

Update the Residence Savings (RSS) screen

Note: if there is a new claim (NCL) activity on the record, update the screen within the claim.

As a workaround, add an exemption on the RSS screen from the earliest date of the claim.

Process Direct

  • In the Family Member/Refugee Qualification subheading select Add
  • Event Date: add the earliest date of the claim
  • Family Member/Refugee Code: select 'Pre 1/9/94 refugee'
  • Select Save

Customer First

  • Family Member/Refugee Code: field, code PRE
  • Date of Event: field, add the earliest date of the claim

Go to Step 12.

10

Code the Grandfathering Summary (GFS) screen

If there is a new claim (NCL) activity on the record, update the screen within the claim.

Adding an exemption on the GFS screen will allow the system to reflect the length of the NARWP is based on rules for 'Visa granted before 1 January 2019'.

Process Direct

  • Select Add new row
  • Start Date: 01/01/2019
  • Benefit Type: the payment being claimed
  • Change Reason Code: APL - APPEAL
  • Grandfathering Status: GRF - Grandfathered
  • Type: NWA - 2019 NARWP EXEMPTION(NWA)

Customer First

  • Select NWA from the Add Grandfathering Type dropdown menu
  • Select Continue
  • Complete the required fields:
    • Date of Effect: enter as 1 January 2019
    • Ben Type: the payment being claimed
    • Status: GRF
    • Reason: APL - appeal
    • Source and Receipt Date

Go to Step 12.

11

Customer has not served the NARWP

If, based on the new start date of the NARWP, the customer has not served the required amount of time for the NARWP, they do not meet residence requirements and are not eligible for payment.

The customer may be given the current expected date of completion of the NARWP. They must be told that the date may change depending on their circumstances (for example if they travel outside of Australia or have changes to their visa). They can reclaim payment once they have served the NARWP.

12

Finalise update within the activity or claim

If the update was done:

  • in a NCL, take the claim off hold. It will be allocated to a NCL processor for actioning
  • outside of a NCL, go to the Assessment Results (AR) screen and finalise the activity

Create a DOC and clearly outline the reason the decision was made, and the update done.

Note: if the customer is due to serve the NARWP within 13 weeks, the claim will grant with a status of Assessed (ASS). Payment will commence once the NARWP has been served. If this applies, note this in the DOC or annotation.