13-OCT-2018 Refugees – Social Security qualifying period exemptions

New Legislative Instrument –F2018L01371-Social Security (Class of Visas – Qualifying Residence Exemption – Refugee) 2018 provides for holders of certain classes of visas to be regarded as a refugee for the purposes of section 7 of the Social Security Act 1991.
Refugee and Humanitarian (Class XB), subclasses:

• 200 (Refugee) visa
• 201 (In-country Special Humanitarian) visa
• 202 (Global Special Humanitarian) visa
• 203 (Emergency Rescue) visa
• 204 (Woman at Risk) visa

Resolution of Status (Class CD), subclass:

• 851 (Resolution of Status) visa

This enables holders of these visas to have immediate access to social security payments without having to meet prior residence requirements.
Newly arrived migrants are usually prevented from claiming the Age pension and Disability Support pension for 10 years and Carer Payment and Special Benefit for 2 years.
Those regarded as refugees under section 7(6) of this Act are exempt from these qualifying residence periods and may receive specified pensions and benefit payments.
This Act regards the holders of the following visas will be treated as refugees for the purposes of subparagraph 7(6B)(c)(iii) and thereby have a qualifying residence exemption under subsection 7(6) of the Act