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

Item

Description

1

Australian citizen

Exempt from the NARWP for all payment types affected by the NARWP.

This exemption only applies from the date Australian citizenship is granted.

2

2017 NARWP Grandfathering exemption applies

Check this on the Grandfathering Summary (GFS) screen.

If the customer holds this Grandfathering exemption, they may transfer from their existing payment to another NARWP affected payment and maintain the exemption.

To maintain the exemption there must be no break in entitlement. For example, Parenting Payment Partnered (PPP) to Youth Allowance (YA) transfer on the same date:

• PPP cancellation date of effect = 25/01/2017
• YAL granted date of effect = 25/01/2017

3

Holder of a permanent refugee visa

The holder of a permanent refugee visa is exempt from the NARWP for all payment types affected by the NARWP.

4

Family member of a refugee or former refugee

The family member of a refugee or former refugee is exempt from the NARWP for all payment types affected by the NARWP.

Customers must:

• have been the family member of the refugee or humanitarian migrant at the time the refugee or humanitarian migrant arrived in Australia, and
• still be the family member of that person at the time the claim is made or, if the refugee or humanitarian migrant has died since arrival in Australia, they must have been a family member of that person when they died

A family member for this exemption is defined as a partner or dependent child or another person, who in the opinion of the Secretary, should be treated for the purposes of this definition as a family member.

5

Granted a visa which provides qualification before 1 January 2019

Customers who were granted a permanent resident or temporary visa providing qualification for payment before 1 January 2019 are not required to serve the NARWP for the following payments and concessions:

• Carer Adjustment Payment (CAP)
• Carer Allowance (CA)
• Dad and Partner Pay (DAP)
• Family Tax Benefit (FTB) Part A
• Parental Leave Pay (PPL)
• Parenting Payment Partnered (PPP)
• Parenting Payment Single (PPS)

6

Holder of a Special Category Visa (SCV) subclass 444

The holder of a SCV subclass 444 (protected or not protected) is not required to serve the NARWP for:

• Family Tax Benefit (FTB) Part A
• Parental Leave Pay (PPL), and
• Dad and Partner Pay (DAP)

7

Holder of certain temporary protection visa types

Certain temporary visas that qualify customers for some payments are exempt from the NARWP for:

• Special Benefit (SpB)
• Family Tax Benefit (FTB) Part A
• Parental Leave Pay (PPL), and
• Dad and Partner Pay (DAP)

8

Holder of a visa subclass 852

The holder of a visa subclass 852 is exempt from the NARWP for all NARWP affected payments, other than Special Benefit.

9

Principal carer became a lone parent at the start of the current period as an Australian resident

A customer who becomes a lone parent and is the principal carer of a dependent child is entitled to an exemption from the NARWP for JobSeeker Payment (JSP) and Youth Allowance (YA) (job seeker) or Parenting Payment Single (PPS).

The principal carer must have become a lone parent since the start of the current period of Australian residence.

This means that since they last began being an Australian resident, they must either have:

• gained custody of a child, or
• separated from their partner

A lone parent of a dependent child who is under 14 would generally claim PPS and receive an exemption from the NARWP and qualifying residence requirement.

A 'current period as an Australian resident' is where a person has been an Australian resident for an entire period and the person lodged a claim for JSP, YA (job seeker) or PPS during the period.

A 'lone parent' is a person who is not a member of a couple and who has a dependent child.

10

Special need relative or a carer

A customer is exempt from the NARWP for Carer Payment (CP) and Carer Allowance (CA) if they are a carer or a special need relative. Note: carer and special needs relative is as defined in the Migration Regulations.

Customer is exempt from the NARWP for CP if they hold one of the following visas:

• subclass 104 - Preferential family, and a carer or a special need relative
• subclass 806 – Family, only if customer is a carer or special need relative

Customer is exempt from the NARWP for CP and CA if they hold one of the following visas:

• subclass 116 - Carer
• subclass 836 - Carer

11

Customer has suffered a substantial change of circumstances beyond their control

The customer is exempt from the NARWP for Special Benefit (SpB) and Low Income Health Care Card (LIC) if they have experienced a substantial change in circumstance beyond their control after arriving in Australia. This is provided they still meet all other eligibility requirements for SpB or LIC

The change in circumstances must have arisen since the start of their NARWP.

Event Sequence

Applying the Newly Arrived Resident's Waiting Period

1

Independent Resident visa (class 126)

Maria arrived in Australia from Haiti in February 2020 as a newly arrived resident, holding an Independent Resident visa (class 126). Aged 36 and partnered, Maria had arranged a job through her partner before leaving Haiti. However, the job involved only 2 days' work per week and the employer was unable to offer any more. Maria was unable to find additional work due to relatively poor English skills.

Maria contacted Services Australia to apply for JobSeeker Payment (JSP). Maria's claim was rejected due to being subject to the Newly Arrived Resident's Waiting Period (NARWP) and she would remain ineligible until she had served the NARWP in February 2024.

2

Requesting an explanation or applying for a formal review of the decision to reject the claim for income support payment and consideration under the family member of a refugee exemption

Several weeks later on the advice of a friend, Maria requested an explanation of the decision, which was referred to a Subject Matter Expert (SME). Whilst discussing the decision, it was revealed that Maria and her partner were physically separated during a period of armed conflict in their home country. Maria's partner was able to gain asylum in Australia in 2013, before gaining Australian citizenship in 2018. Following extensive searches through the UNHCR and Red Cross, Maria was located, applied for and granted a visa to come and join her partner in Australia.

Maria remained a family member of her partner throughout the period of forced separation. Her partner's documents maintained his hope and belief that Maria would be found alive and would eventually join him in his adopted country.

Documents were provided to support Maria's claim, and on the basis of that evidence, it was determined that Maria was exempt from having to satisfy the NARWP. Specifically, Maria was exempted from the NARWP due to being a family member of a (former) refugee at the time that person arrived in Australia and at the date of claim.